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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0248
David and Elizabeth Vaughn
Bermuda Magisterial District
12800 Norlanya Drive
August 27, 2008 BS
RE VEST: Conditional Use to permit a two (2) family dwelling in a Residential (R-15)
District.
PROPOSED LAND USE:
A second dwelling unit occupied by family members is proposed to be added to
the existing dwelling.
PLANNING COMMISSION RECOMMENDATION
RECOMMENDS APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Similar requests where occupancy of the second dwelling unit has been limited to
guests, domestic servants or family members of the occupants of the principal
dwelling have been approved elsewhere in the County with no apparent adverse
impact on t e area.
B. The recommended conditions ensure that the single family residential character of
the request property is maintained.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. Occupancy of the second dwelling unit shall be limited to: the
occupants of the principal dwelling unit, individuals related to them
by blood, marriage, adoption or guardianship, foster children, guests
. P
an any omestic servants. ( )
(STAFF/CPC) 2. For the purpose of providing record notice, prior to the issuance of a
building permit to construct the second dwelling unit, a deed
restriction shall be recorded setting forth the limitation in Condition 1
above. The deed book and page number of such restriction and a
copy of the restriction as recorded shall be submitted to the Planning
Department. (P)
GENERAL INFORMATION
Location:
Northern terminus of Norlanya Drive and better known as 12800 Norlanya Drive. Tax
ID 828-656-0224.
Existing Zoning:
R-15
Size:
5.4 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North, South, East and West - R-15; Single family residential
2 08SN0248-AUG27-BOS-RPT
T TTTT ,TTTF,C
Public Water System:
There is an existing six (6) inch water line extending along Norlanya Drive, adjacent to this
site. The existing dwelling is connected to the public water system. Use of the public water
system is required by county code.
Public Wastewater S,, sue:
The public wastewater system is not available to serve the request site.
Individual Wastewater S,, sue:
The Health Department must approve any new or expanded usage of an existing septic
system.
ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have a minimal impact on these facilities.
T ANTI TTCF.
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for residential use of 1.5 dwellings per acre or less.
Area Development Trends:
Surrounding properties are zoned Residential (R-15) and are occupied by residential use
within the Mount Blanco Subdivision. It is anticipated that residential use will continue
in the area east of North Enon Church Road, as suggested by the Plan.
Site Design and Occupancy:
A second dwelling which will be occupied by immediate family members of the
applicants is proposed to be added to the existing dwelling.
Consistent with past actions on similar requests, conditions are typically imposed to
ensure that the "single family" character of the area is maintained by limiting occupancy
of the second dwelling unit such that the occupants of the second dwelling unit are
related to, are guests of, or are domestic employees for the occupant of the principal
dwelling unit. Conditions also provide notice of such limitation to future owners of the
property. (Conditions 1 and 2)
3 08SN0248-AUG27-BOS-RPT
CONCLUSIONS
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requests where occupancy of the second dwelling unit has been limited to guests, domestic
servants or family members of the occupants of the principal dwelling. The recommended
conditions ensure that the single family residential character of the area is maintained.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/15/08):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval subj ect to the conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, August 27, 2008, beginning at 6:30 p.m., will take
under consideration this request.
4 08SN0248-AUG27-BOS-RPT
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