01SN0218-MAY23.pdfMay 23, 2001 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0218
Chesterfield County Board of Supervisors
Matoaca Magisterial District
14009 Summercliff Terrace
REOUEST: Conditional Use to permit a two-family dwelling in a Residential (R-12) District.
PROPOSED LAND USE:
The property owners have constructed a two-family dwelling on the property
without zoning approval. The Zoning Ordinance allows a two-family dwelling
subject to obtaining a Conditional Use. Therefore, a Conditional Use is requested
to allow a two-family dwelling.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
RECOMMEND THAT PROFFERED CONDITIONS ON PAGE 2 NOT BE ACCEPTED.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. 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 or family members of the occupants of the principal dwelling unit.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
B. The proffered conditions or the conditions ensure that the single family residential
character of the request property is maintained.
The proposal contbrms to the Upper Swift Creek Plan. which suggests the property
is appropriate for residential use at a density of 2.0 dwelling units per acre or less.
(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) 1.
(STAFF) 2.
(STAFF) 3.
CONDITIONS
(STAFF/CPC)
This conditional use shall be granted to and for Cicel and William Johnson
exclusively and shall not be transferable nor run with the land. (P)
Occupancy of the second dwelling unit shall be limited to:
Members of the Johnson family,
Individuals providing domestic services to the Johnson family or
Guests visiting the Johnson family provided that the same guest
shall not occupy the second dwelling for more than (30) days in any'
six (6) month period. (P)
Within thirty (30) days of the approval of this request:
A deed restriction shall be recorded setting forth the limitations of
Conditions 1 and 2 above and
The deed book and page number of such restrictions and a copy of
the restrictions as recorded shall be submitted to the last known
president of the Summerford Home Owners Association with a copy
to the Planning Department. (P)
(STAFF/CPC) 2.
This Conditional Use shall be granted to and for Cicel and William
Johnson exclusively and shall not be transferable nor mn with the
land. (P)
Occupancy of the second dwelling unit shall be limited to the
parents of William and Cicel Johnson. (P)
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(STAFF/CPC)
3. Within thirty (30) days of the approval of this request:
a. A deed restriction shall be recorded setting forth the
limitations of Conditions 1 and 2 above and;
b. The deed book and page number of such restrictions and a
copy of the restrictions as recorded shall be submitted to the
last known president of the Summerford Home Owners
Association with a copy to the Planning Department. (P)
GENERAL INFORMATION
Location:
Western terminus of Summercliff Terrace west of Summercliff Trail and better known as
14009 Summercliff Terrace. Tax ID 723-660-5506 (Sheet 23)
R-12
Size:
1.3 acres
Existing Land U_~_se:
Two-family dwelling
Adjacent Zoning and Land Use:
North, South, East, West - R-12; Single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
The structure is connected to the public systems. The Code requires the use of the public
systems.
ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have no impact on these facilities.
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LAND USE
Comprehensive_Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential uses of 2.0 dwelling units per acre or less.
Area Developm~ent Trends:
The surrounding properties are zoned Residential (R-12) and contain the single family
residential development of Summerford. Residential development at densities consistent
with the Plan is expected to continue in this area.
Building Permit~History:
In June 2000, staff inadvertently released a building permit to construct a two-family
dwelling on the subject property. In January 2001, as a result of a final inspection by the
Building Inspection's office, the error was discovered. Staff advised the property owners
of the error and the necessity for a Conditional Use permit. Due to the staff error, the
Board of Supervisors initiated the application for this Conditional Use.
Based upon the Zoning Ordinance and interpretation of the Ordinance, a single family
dwelling becomes a two-family dwelling with complete separate living facilities for two
(2) families including permanent provisions for sleeping, eating, cooking (kitchen) and
sanitation (bath). The provisions for cooking would include at least a sink and one (1)
other permanent kitchen appliance such as a stove or refrigerator.
Existing Improvements and Proposed Limitations:
As noted, a two-family dwelling has been constructed. The property owners constructed
the second dwelling unit for one (1) of their parents.
The proffered conditions would limit this use to the current property owners; limit
occupancy of the second dwelling unit to members of the current property owners' family;
individuals providing domestic services or guests visiting for limited periods of time
(Proffered Conditions 1 and 2). Further, the proffers require recordation of deed
restrictions outlining the limitations of the proffers (Proffered Condition 3). If the proffers
are accepted, any future property owner would be required to obtain a Conditional Use or
remove the improvements within the dwelling which constitute the second dwelling unit.
The proffered conditions are more stringent than the standard conditions ordinarily
imposed on similar Conditional Uses for two-fanzily dwellings.
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Conditions 1 and 3, as recommended by the Planning Commission, are consistent with
Proffered Conditions 1 and 3 as offered by the property owners. However, Condition 2,
as recommended by the Plamfing Commission, is more restrictive than Proffered Condition
2, with respect to the occupancy of the second dwelling unit. Specifically, Condition 2
would restrict occupancy of the second unit to the parents of the current property owners,
precluding any other family members, guests or individuals providing domestic services
from residing in this unit as permitted in Proffered Condition 2.
CONCLUSIONS
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requests where occupancy of the second dwelling is limited to guests or family members of the
occupants of the principal dwelling. The proffered conditions ensure that the single family
residential character of the request property is maintained. In addition, the proposal conforms to
the Upper Swift Creek Plan.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/17/01):
The applicants did not accept the Planning Commission's recommendation.
There was opposition present. Concerns were expressed relative to maintaining the single
family character of the Summerford Subdivision and limiting the issuance of the second
dwelling to the property owners' parent.
Mr. Marsh indicated that the decision on this case must be respectful to both the property
owners' need to care for their parent as well as the neighborhood's concerns for the
preservation of single family, owner occupied housing.
On motion of Mr. Marsh, seconded by Mr. Litton, the Commission recommended
approval of this request subject to the conditions on pages 2 and 3 and that the proffered
conditions on page 2 not be accepted.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, May 23, 2001, beginning at 7:00 p.m., will take under
consideration this request.
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