98SN0119.PDFOctober 27. 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0119
Clifford McGlone,
Kay M. McGlone,
James A. Nimmo
and
Peggy B. Nimmo
Matoaca Magisterial District
North line of Hickory Road
REQUEST: Conditional Use to permit a dwelling unit separated from the principal dwelling
unit in an Agricultural (A) District.
PROPOSED LAND USE:
The applicants have constructed a second single family dwelling on the property
without zoning approval. The Zoning Ordinance allows a dwelling unit separated
from the principal dwelling unit, subject to obtaining a Conditional Use.
Therefore, a Conditional Use is requested to allow a second dwelling unit.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend denial for the following mason:
Although staff has typically supported requests to allow second dwelling units for family
members on a single parcel of land, this parcel has no public road frontage, as required by
the Zoning Ordinance. The purpose of the public road frontage requiremem is to insure
adequate access for emergency vehicles and to insure that County taxpayers do not
eventually bear the cost of constructing public road access to serve the dwelling unit.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Occupancy of the dwelling unit separated from the principal
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 and any domestic
servants. (P)
(STAFF/CPC) 2.
Within sixty (60) days of approval of this request, a deed restriction
shall be recorded setting forth the limitation in Proffered 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)
(Staff Note: These proffered conditions would not apply if in the future the
property is legally subdivided.)
GENERAL INFORMATION
Location:
North line of Hickory Road, west of Halloway Avenue. Tax ID 781-619-6279 and 780-
619-Part of 9801 (Sheet 41).
Existing Zoning:
A
2 98SN0119/WP/OCT27I
Size:
19.1 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning & Land Use:
Public
North - A; Vacant
South - R-7; Single family residential
East - A; Vacant
West - A; Vacant
UTILITIES
Utilities:
There is an existing sixteen (16) inch water line extending along the south side of Hickory
Road adjacent to the request site. The request property lies within the boundaries of the
Southern and Western Area Plan. The County Code allows residences which are incidental
to a principle use and located on lots that are exempt from the subdivision process to use
a private well. With the acceptance of the proffered conditions, the second dwelling unit
would be incidental to the principal use and exempt from the subdivision process.
Continued use of a private well is planned.
_Public Wastewater System:
The public wastewater system is not available to the request site.
private septic system is planned.
Private Well and Septic:
Continued use of a
The Health Deparmaent must approve any new well or septic systems, or expanded usage
of any existing well or septic system.
I NMENT
The existing site drains to the east and into the adjacent perennial stream that runs along
the majority of the eastern property line. There are no anticipated or known, on- or off-
site drainage or erosion problems.
3 98SN0119/WP/OCT27I
Water Ouality:
A perennial stream is located along fifty (50) percent of the eastern property line. Septic
systems may not be installed nor should home construction or land disturbance occur
within the Resource Protection Area (RPA) adjacent to this stream.
~ILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan. the Thoroughfare Plan and the FY 1999-2003 Capital Improvement Program. This
development will have a minimal impact on these facilities.
Fire Service:
This property is currently served by the Matoaca Fire/Rescue Station, Company Number
8 and Ettrick-Matoaca Rescue Squad. One of the purposes of requiring that dwelling units
front on a State maintained public road is to insure adequate access for emergency vehicles.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1.01 to 2.5 dwelling units per acre.
Area Development Trends:
This portion of Hickory Road is characterized by single family residential uses on
residentially and agriculturally zoned property and by large vacant parcels. The Plan
suggests that this area will continue to develop for single-family residential uses with use
of public utilities.
Zoning and Development History:
As noted herein, a single family dwelling was constructed on the property subsequent to
receiving a Variance from the Board of Supervisors for no public road frontage in 1972.
In June of 1997, the applicants applied for a building permit to construct a garage and
guest house on the subject property. Because the second dwelling was not permitted
without obtaining a Conditional Use and a Variance, staff denied the permit. It is staff's
understanding, however, that the garage and second dwelling have now been constructed.
To date, there is no record of any inspections of the construction.
On August 14, 1997, applications were made for a Conditional Use and a Variance. The
Conditional Use (the subject request) was not immediately processed because the applicants
4 98SN0119/WP/OCT27I
were unable to obtain power of attorney t¥om the property owner of the easement which
allows access to Matoaca Road. The Variance (Case 98AN0120) was processed for the
second dwelling unit and approved by the Board of Zoning Appeals on November 5, 1997,
subject to a number of conditions addressing the width, location, treatment and
maintenance of the easement for access to Matoaca Road (see attached map). The
easement for the access approved thi'ough this Variance is not included in the subject
Conditional Use because the applicants were unable to obtain the necessary authority from
the property owner to include that property in the Conditional Use request. Instead, the
applicants have included property in the current Conditional Use request for a proposed
access to Hickory Road (see attached map). The applicants have requested a Variance to
allow an access to Hickory Road, rather than the originally approved access to Matoaca
Road. This Variance was approved by the Board of Zoning Appeals on September 1,
1999. (00AN0105)
CONCLUSIONS
Although staff has typically supported requests 1hr second dwelling units for family members on
a single parcel of land, the subject property has no public road frontage. The existing dwelling
received a Variance for no public road frontage from the Board of Supervisors in 1972. If a
second dwelling is approved, an additional Variance from the Board of Zoning Appeals would
have to be obtained. The purpose of the public road frontage requirement is to insure adequate
access for emergency vehicles and to insure ttmt County taxpayers do not eventually bear the cost
of bringing a private easement up to State standards. Therefore, denial of this request is
recommended.
It should be noted that the proffered conditions are similar to those accepted on other Conditional
Uses for second dwelling units. Should the Commission or Board see fit to approve this request,
acceptance of the proffered conditions would be appropriate.
It should be noted that if this request is approved, it will be necessary for the applicants to utilize
the easement to access Hickory Road. Access to Matoaca Road to serve the second dwelling unit
will not be permitted.
CASE HISTORY
Planning Commission Meeting (7/20/99):
On their own motion, the Commission deferred this case to September 21, 1999.
5 98SN0119/WP/OCT27I
Staff (7/21/99):
The applicant was advised in wrking that any significant new or revised information should
be submitted no later than July 26, 1999, for consideration at the comnussion's September
21, 1999, public hearing.
Staff (8/13/99):
To date, no new information has been received.
Planning Commission Meeting (9/21/99):
The applicant accepted the Planning Commission's reconm~endation. There was no
opposition present.
Mr. Marsh indicated that given the granting of a Variance by the Board of Zoning
Appeals, the applicants could subdivide the land and give the property to an immediate
family member thereby eliminating the necessity for the Conditional Use. He indicated
that the applicants, however, for personal reasons, preferred not to transfer the land on
which the second dwelling is located to a family member.
On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended
approval of this request and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 27, 1999, beginning at 7:00 p.m., will take
under consideration this request.
6 98SN0119/WP/OCT27I
//
778-618
~OSED ACCESS
98SNO119
41
MATOACA HS ~
- /
;CESS
778-618
_APPROVED BY VARIANCE
CASE 99ANO;~14 ~
MATOACA HS
c]~SS,W'O / / ff'- /
98SN0119
In Matoaca Magisterial District, CLIFFORD MCGLONE, KAY M.
Conditional Use and amendment of zoning district map to
permit a dwelling unit separated from the principal dwelling
unit in an Agricultural (A) District. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.01 to 2.5
units per acre. This request lies on 19.1 acres fronting
approximately 50 feet on the north line of Hickory Road,
approximately 600 feet west of Halloway Avenue. Tax ID 781
619 6279 and 780 619 Part of 9801 (Sheet 41).
Ms. Rogers presented a summary of Case 98SN0119 and stated
that the Planning Commission recommends approval and
acceptance of the proffered conditions. She further stated
that staff recommends denial because the parcel has no
public road frontage, as required by the Zoning Ordinance.
Mr. Clifford McGlone, the applicant, stated that the
Planning Commission's recommendation is acceptable.
There was no opposition present.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. Warren, the Board approved Case 98SN0119 and accepted
the following proffered conditions:
1. Occupancy of the dwelling unit separated from the
principal 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 and any domestic
servants. (P)
2. Within sixty (60) days of approval of this request, a
deed restriction shall be recorded setting forth the
limitation in Proffered 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)
(Staff Note: These proffered conditions would not
in the future the property is legally subdivided.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale
Nays: None.
apply if
10/27/99 99 862