88SN0126- . ;~
Ae~gea~-~6r-X988-6P6
September 28, 1988 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
88SN0126
Timothy Carter Brown
Midlothian Magisterial District
West Line of Winterfield Road
REQUEST: Conditional Use to permit a two-family dwelling.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Through the proffered conditions, both conformity with the intent of the
Powhite/Route 288 Development Area Land Use and Transportation Plan, and
compatibility and limited impact on the surrounding area, can be ensured.
(NOTE: 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 second dwelling unit shall be limited to
guests or family members of the property owner. At no
time shall the second dwelling unit be rented or sold as a
separate use, unless and until the lot is rezoned to
permit such renting or sale.
(STAFF/CPC) 2. Prior to issuance of an occupancy permit, the applicant
shall record a deed restriction indicating the requirement
in condition 1.
(STAFF/CPC) 3. This use shall run with the land.
(STAFF/CPC) 4. Public water shall be used.
(STAFF/CPC) 5. The applicant shall request in writing to the Department
of Utilities a waiver of Section 20-1.29 of the Ordinance
which requires separate water service connections for each
dwelling unit. Any waiver granted will apply to the
"Browns" only and will not be transferable to subsequent
property owners. If subsequent property owners do not
apply for and receive waivers to Section 20-1.29 of the
Utility Ordinance, they must provide individual con-
nections as required by the Code.
(STAFF/CPC) 6. At such time as the proposed second dwelling ceases to be
occupied by guests or family members of the property
owner, the water service lines shall be disconnected so
that the structure can no longer be used as a dwelling
unit.
(STAFF/CPC) 7. The property owner shall not request a separate address
for the proposed second dwelling unit; the existing prop-
erty owner's address and mailbox shall be utilized.
(STAFF/CPC) 8. The property owner shall not request a separate driveway
connection for the proposed second dwelling unit.
GENERAL INFORMATION
Location: Fronting approximately 150 feet on the west
line of Winterfield Road, approximately 300
feet south of Michaels Ridge Road. Tax Map
1-13 (4) Salisbury Hills, Section 1, Block
B, Lot 12 (sheet 2).
Existing Zoning: R-25
Size: 0.8 acre
Existing Land Use: Single family residential
Adjacent Zoning & Land Use: North, South, East, and West - R-25; single
family residential or vacant.
Utilities: An eight (8) inch waterline lies on the
west side of Winterfield Road adjacent to
the site. Source of water is Swift Creek
Reservoir. Use of public water is avail-
able and required by ordinance.
The site lies in the James River North
Basin. Public sewer is not available for
use at this time.
Environmental Engineering,
Transportation, Schools
and Fire Service: No significant impact on environment,
transportation, schools, or fire service is
foreseen.
~_ 2 ~ N0126/BSSEP8/SEPT28U
General Plan
(Powhite/Route 288
Development Area
Land Use and Trans-
portation Plan):
DISCUSSION
Low density residential
(1.50 units/acre or less)
The applicant is requesting a Conditional Use to permit a two-family
dwelling unit in a Residential (R-25) District. The applicant proposes
constructing a one bedroom apartment attached to the existing principal
dwelling unit for a family member.
In evaluating the request, staff has considered the Powhite/Route 288
Development Area Land Use and Transportation Plan, as well as the sur-
rounding development. Both conformity to the Plan, and compatibility and
limited impact on the surrounding area, have been addressed by the
proffered conditions.
Proffered Conditions 1 and 2 restrict the use of the second dwelling unit
to a family member or guest of the property owner, thus maintaining a
subordinate relationship to the occupancy of the principal household.
Proffered Conditions 7 and 8 further limit the appearance of the building
to conform to a single family unit. Proffered Conditions 4, 5, and 6
reflect concerns of the Utilities Department. Condition 3 clarifies that
the use runs with the land and is not transferrable to another location.
As the proffered conditions maintain the basically single family charac-
ter of the house and lot, staff recommends approval of the Conditional
Use and acceptance of the proffers.
CASE HISTORY
Planning Commission Meeting (8/16/88):
Timothy Carter Brown, the applicant, came forward to represent the
request.
There was, no opposition present.
On motion of Mr. Kelly, seconded by Mr. Warren, the Commission resolved
to recommend approval of Case 88SN0126, and acceptance of the proffered
conditions.
AYES: Unanimous.
The Board of Supervisors on Wednesday, September 28, 1988, beginning at 2:00
p.m., will take under consideration this request.
3 88SN0126/BSSEP8/SEPT28U
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