99SN0312.pdfOctober 27, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0312
James Russ
and
Alice A. Dolbear
Bermuda Magisterial District
5521 Ecoff Avenue
REQUEST: Conditional Use to allow a recreational use in an Agricultural (A) District.
PROPOSED LAND USE:
The applicant plans to locate a caboose from a train on the request site to serve as a
recreational use (playhouse) for family members.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
While a playhouse with a residential character would be consktered an accessory use on the property, the
proposed structure is not considered customarily accessory and incidental to a residential use, and is
therefore not permitted without zoning approval. After consideration of public input, should the
Commission and Board wish to approve this request, imposition of the conditions stated herein would be
appropriate.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(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.)
CONDITIONS
(STAFF/CPC) 1. The caboose shall be located as generally depicted on the plan submitted
with the application. (P)
(STAFF/CPC) 2. The caboose shall be used for a private recreational use only. (P)
GENERAL INFORMATION
Location:
Fronts the south line of EcoffAvenue, west of Ivywood Road and is better known as 5521 Ecoff
Avenue. Tax ID 782-656-6730 (Sheet 26).
Existing Zoning:
A
Size:
0.7 acre
Existing Land Use:
Single family residential
Adjacent Zoning & Land Use:
North - R-7; Single family residential
South - R-7; Single family residential
East - A; Single family residential
West - A; Single family residential
2 99SN0312/WP/OCT27M
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along EcoffAvenue, adjacent to the
request site. The existing residence is connected to the public water system. The proposed
caboose is intended to be used for recreational purposes and would not generate a need for public
water. If activities requir'mg the use of potable water are performed at the recreation facility, and/or
sanitary facilities are installed independent of the existing residence, use of the public water system
would be required by County Code.
Public Wastewater System:
The public wastewater system is not available to service this request site. The proposed caboose
is intended to be used for recreational purposes and would not generate a need for the wastewater
system.
ENVIRONMENTAL
The requested recreational use will have no impact on these facilities.
PUBLIC FACILITIES
The proposed use will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Village Plan which suggests the property and surrounding
area are appropriate for single family residential use of 1.01 to 2.5 units per acre.
Area Development Trends:
Adjacent properties have developed with single family residential uses in Lakewood Farms
Subdivision and on acreage parcels. Single family residential uses are expected to continue in the
area as suggested by the Plan.
3 99SN0312/WP/OCT27M
Site Design:
The applicants have submitted a plan which locates the recreational structure (caboose) on the
property. Specifically, the caboose is proposed to be located to the rear of the existing residence
and a minimum of fifteen (15) feet from the eastem property boundary. To minimize the visual
impact on adjacent properties, should the Commission and Board wish to approve this request,
a Condition should be imposed insuring the location as generally shown on the plan (Condition 1 ).
In addition, the structure should only be used as a private recreation facility so as to insure that
commercial activities do not occur in this residential area. (Condition 2)
CONCLUSIONS
While a playhouse with a residential character would be consklered an accessory use, the caboose is not
considered customarily accessory and incidental to a residential use, and is therefore not permitted without
zoning approval. After consideration ofpublic input, should the Commission and Board wish to approve
this request, imposition of the conditions stated herein would be appropriate.
CASE HISTORY
Planning Commission Meeting (9/21/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the 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.
4 99SN0312/WP/OCT27M
A
A
N
Case: 99SNO312
C.U.
Sheet#: 26
99SN0312
In Bermuda Magisterial District, JA~ES RUSS A~D ALICE A.
DOLBEAR requested Conditional Use and amendment of zoning
district map to allow a recreational facility 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 single family residential use of 1.01 to 2.5
units per acre. This request lies on 0.7 acre and is known
as 5521 Ecoff Avenue. Tax ID 782 656 6730 (Sheet 26).
Mr. Jacobson presented a summary of Case 99SN0312 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
Mr. Dolbear, one of the applicants, stated that the
recommendation is acceptable.
There was no opposition present.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board approved Case 99SN0312 subject to the
following conditions:
1. The caboose shall be located as generally depicted on
the plan submitted with the application. (P)
2. The caboose shall be used for a private recreational
use only. (P)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale
Nays: None.
10/27/99 99 855