01SN0123-DEC20.pdfDecember 20, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0123
Jeffrey S. and Michele A. Probst
Clover Hill Magisterial District
North line of Elkhardt Road
REOUEST: Conditional Use to permit a dwelling unit separated from the principal dwelling
unit in a Residential (R-7) District.
PROPOSED LAND USE:
The applicants plan to construct a second dwelling unit on the property for use by
family members. Approval of this request would allow a density of approximately
1.25 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
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 lira/ted
to guests or family members of the occupants of the principal dwelling.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The reconmaended conditions ensure that the single family residential character of
the request property is maintained.
The proposal conforms to the Eastern Midlothian Land Use Plan which suggests
the property is appropriate for residential use at a density of 2.51 to 4.0 dwelling
units per acre.
(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.
Occupancy of the dwelling unit separated from the principal
dwelling unit shall be limited to a member of the immediate family
of the property owner(s). Immediate family members shall be
defmed as any person who is a natural or legally de£med offspring,
spouse, sibling, grandchild or parent of the property owner(s). (P)
(STAFF/CPC) 2.
The second dwelling unit shall be permitted provided that the
property owner(s) resides on the property. (P)
(STAFF/CPC) 3.
Prior to release of a building permit, a deed restriction shall be
recorded setting forth the limitations in Conditions 1 and 2 above
plus a statement that the property is one (1) zoning lot and cannot
be sold separately unless the property is resubdivided in a manner
that conforms to Zoning and Subdivision Ordinances requirements.
The deed book and page number of such restrictions and a copy of
the restrictions as recorded shall be submitted to the Planning
DeparUnent. (P)
GENERAL INFORMATION
Location:
Fronts the north line of Elkhardt Road, east of Ruthers Road. Tax IDs 761-701-9662 and
762-701-0264 (Sheet 7).
Existing Zoning:
R-7
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Size:
1.6 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North and South - K; Single family residential or vacant
East and West - R-7; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along Elkhardt Road, adjacent
to the site. The existing residence is connected to the public water system. Use of the
public water system is intended and required by County Code. The County Code requires
that a separate water meter and service line be installed to serve the second dwelling.
Public Wastewater System:
The public wastewater system is not available to serve the request site.
Private Septic System:
The Health Department must approve any new or expanded private septic system on the
request site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have a minimal impact on the existing drainage system.
PUBLIC FACILITIES
Police and Fire Service: Schools: Libraries: and Parks and Recreation:
This request will have a minimal impact on these facilities.
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Transportation:
The ~_qL0_ughfare Plan identifies Elkhardt Road as a collector with a recommended right
of way width of seventy (70) feet. The applicants are unwilling to dedicate thirty-five (35)
feet of right of way, measured from the centerline of Elkhardt Road, in accordance with
that Plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Land Use Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
This request lies within Elkhardt Heights Subdivision. The Plan anticipates that the area
will continue to develop for single family uses.
Site Design:
Although the request property consists of two (2) separate lots, since they are under one
ownership, the Ordinance allows them to be considered one (1) lot or a "zoning lot". If
this request is granted, it will not be possible to sell the second dwelling unit unless the
property is resubdivided in a manner that meets the requirements of the Zoning and
Subdivision Ordinances.
The recommended conditions would limit occupancy of the second dwelling unit to
mediate family members of the property owner; require that the property owner reside
on the property for the second dwelling unit to be permitted; and require recordation of
deed restrictions outlining the limitations. The conditions, if imposed, would be
enforceable and are more stringent than the standard conditions ordinarily imposed on
similar Conditional Uses for second dwelling units. (Conditions 1 through 3)
CONCLUSIONS
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requests where occupancy of the second dwelling has been limited to guests or family members
of the occupants of the principal dwelling. The recommended conditions ensure that the single
family residential character of the request property is maintained. In addition, the proposal
conforms to the Eastern Midlothian Land Use Plan.
Given these considerations, approval of this request is reconm~ended
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CASE HISTORY
Planning Commission Meeting (11/16/00):
The applicant accepted the recommendation. There was no opposition present.
Mr. Gulley proposed conditions for the Planning Commission to consider in lieu of the
standard conditions typically recommended for similar requests.
These conditions are more stringent than the standard conditions typically recommend on
similar uses and address who may reside in the second dwelling. The applicant agreed to
accept the conditions proposed by Mr. Gulley.
On motion of Mr. Gulley, 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, December 20, 20130, beginning at 7:00 p.m., will take
under consideration this request.
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600 Feet
Case #: 01SN0123
C.U.
Sheet #: 7