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08SN0248~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ 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 (~ ~ ~ U (~ ~ ~ (6 +-' ~ ~' '~ ~ U ~ ~ •V ~ Q N = Z Q U ~ ~ ~ ~ (!~ Z 1 J N z 0 V 0 'i Z as ~ ~ ~~Je e5 Jai ,~ -_- w z cn ~ ~ o ~ 0 c~ 0 00 ~ °o N ~ O ~ Z V ° N ° 00 :: o ~~