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10SN0129.,~+r~ .. ~.r. :,'•f ~fi. 'r +~.,;,.f x ~~r ~f. ,~.~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION lOSN0129 Carl and Melissa Keene Matoaca Magisterial District 6103 River Road RE VEST: Tlanoml,or 1 S ~nno rpr January 27, 2010 BS Conditional Use to permit a dwelling separated from the principal dwelling in a Residential (R-7) District. PROPOSED LAND USE: A second dwelling unit occupied by a family member is located within an existing structure that is detached from the principal dwelling unit without the requisite Conditional Use. A Conditional Use is requested to bring the use into compliance with the Ordinance. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. Similar requests where occupancy of the second dwelling unit has been limited to guests, domestic servants or family members of the occupants of the principal dwelling have been approved elsewhere in the County with no apparent adverse impact on t e area. B. The recommended conditions ensure that the single-family residential character of the request property is maintained. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY Providing a FIRST CHOICE community through excellence in public service 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 second 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. For the purpose of providing record notice, prior to the issuance of a building permit to convert the existing garage structure into a dwelling unit, a deed restriction shall be recorded setting forth the limitation in 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) GENERAL INFORMATION T ,ncati nn South line of River Road, west of Memorial Avenue, also fronts the east line of Memorial Avenue, south of River Road and is better known as 6103 River Road. Tax ID 781-609- 4017. Existing Zoning: R-7 Size: 0.6 acre Existing Land Use: Single-family residential Adjacent Zoning and Land Use: North, South, East and West - R-7; Single-family residential 2 10SN0129 JAN27-BOS-RPT T TTTT ,TTTF,C Public Water System: The site is located within the Matoaca water pressure zone. There is a twelve (12) inch line extending along the southern side of River Road. The site is currently connected to the public water system. However, the second dwelling will require the installation of an additional meter. Public Wastewater S,, sue: This request will not impact the public wastewater system. ENVIRONMENTAL AND PUBLIC FACILITIES This request will have no impact on these facilities. T ANTI TTCF. Comprehensive Plan: Lies within the boundaries of the Matoaca Villa.~e Plan which suggests the property is appropriate for residential use of 1.5 units per acre or less. Area Development Trends: Surrounding properties are zoned residential and are occupied by single-family residential uses. It is anticipated that single-family residential development will continue in this area, consistent with the Plan. Site Design and Occupancy: A structure on the property has been converted into an additional dwelling unit which is occupied by an immediate family member of the applicant. Consistent with past actions on similar requests, conditions are typically imposed to ensure that the "single family" character of the area is maintained by limiting occupancy of the second dwelling unit such that the occupants of both dwelling units are related to or are guests or domestic employees for the occupant of the principal dwelling unit. Conditions also provide notice of such limitation to future owners of the property. (Conditions 1 and 2) CONCLUSIONS 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, domestic 3 10SN0129 JAN27-BOS-RPT servants or family members of the occupants of the principal dwelling. The recommended conditions ensure that the single-family residential character of the area is maintained. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (12/15/09): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval subj ect to the conditions on page 2. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, January 27, 2010, beginning at 6:30 p.m., will take under consideration this request. 4 10SN0129 JAN27-BOS-RPT U Q = W Q W ~ C m O = ~ U V 2 i ~~~ ~~ ~ ~ ~ ~ ~ v V 2 ~- ~ N ~ ~ ~ I y W c~ IOR DR ~ Q ~ ~ w > ~ ~~~~ ~ v~~ ~ j w r~~r N M w r ~ X ~ ~E 1 ~ W pR Q ~ ~ ~ ~ ~ 1 0 ~ .. ~ ~ Q M 1 l f I l ~~ P ~ - Q~G 1 ~ J O I o N I .r ~ ~ ~' W W ~ Z (A ~~ > ~ ~ U 1 V/ 1 v ~S~ O U ~ y~ ~ 1 ~ N ~ ~ r . ~~ O ~ Z ~V o :: r ~~ ~ ~ ~ N O ~ ~n °o 0 .. ~f