02SN0263-July24.pdfJuly 24, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0263
Keith and Molly Togna
Bermuda Magisterial District
10708 Hamlin Way
REQUEST: Conditional Use to permit a two (2) family dwelling in a Residential (R- 12) District.
PROPOSED LAND USE:
A second dwelling unit within an existing dwelling unit has been constructed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. GECKER, CUNNINGHAM AND STACK.
ABSENT: MESSRS. LITTON AND GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The Plarming Commission and Board of Supervisors have typically acted favorably
on similar requests where occupancy of the second dwelling has been limited to
guests, domestic servants or family members of the occupants of the principal
dwelling.
B. The recommended conditions ensure that the single family residential character of the
area is maintained.
Providing a FIRST CHOICE Community Through Excellenc'e 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 TIq~ COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS Rt~COMMENDED 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 purposes of providing record notice, within thirty (30) days of
the approval of this request:
An instrument titled "notice of zoning restriction" shall be
recorded with the property owner indexed as "grantor" and
setting forth the limitations of Condition 1; and
The deed book and page number of such notice and a copy of
the notice as recorded shall be submitted to the Planning
Department. (P)
GENERAL INFORMATION
Location:
West line of Hamlin Way and better known as 10708 Hamlin Way. Tax ID 789-661-1551
(Sheet 26).
Ex[sting Zoning;
R-12
Size:
0.3 acre
Existing~LandUse:
Two (2) family dwelling
Adiaeent Zonin~d Land Use:
North, South, East and West - R-12; Single family residential
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Public Water System:
UTILITIES
There is an existing six (6) inch water line extending along the east side.of Hamlin Way,
adjacent to the request site. Use of the public water system is required by County Code. The
existing dwelling is cormected to the public water system.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Hamlin Way,
adjacent to the request site. Use of the public wastewater system is required by County
Code. The existing dwelling is connected to the public wastewater system.
Drainage and Erosion:
ENVIRONMENTAL
Since the dwelling units are already constructed, there will be no impact on drainage or
erosion.
PUBLIC FACILITIES
Fire Service; Schools; Libraries; Parks and Recreation and Transnortation:
This use will have minimal impact on these facilities.
LAND USE
Coml~rehensive Plan:
Lies within the boundaries of the Chester Village Plan which suggests the property is
appropriate for residential use of 1.01 to 2.5 dwelling units per acre.
Area Development Trends:
Area properties are zoned Residential (R- 12) and are occupied by single family residences in
Hamlin Estates and Erin Green Subdivisions, It is anticipated that residential development
will continue in this immediate area, consistent ~d.th3he_Plan.
Building Permit History:
In February 2001, the applicants filed for a building permit to construct an addition to their
dwelling. The plans submitted with the building permit application showed facilities that
constituted a second dwelling. Upon notification that a second dwelling unit would not be
permitted without a Conditional Use, the applicants modified the building permit application
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such that the addition no longer constituted a second dwelling unit. The building permit was
released in February 2001, and construction commenced. Through the Certificate of
Occupancy process, it was disclosed that the addition had been constructed as a second
dwelling unit. The Occupancy Permit was held by the County pending the applicants'
modification to the structure to remove facilities that constituted a second dwelling unit or
the issuance of a Conditional Use to permit the second dwelling. Subsequently, the
applicants filed this request.
Site Design and OccupanCy:
As previously noted, a two (2) family dwelling unit has been constructed on the property.
The second dwelling unit is to be occupied by one of the applicants' parents.
Consistent with past actions on similar requests and to insure that the "single family"
character of the area is maintained, the recommended conditions would limit occupancy of
the second dwelling unit 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. Conditions would also require recordation of an instrument to ensure that future
owners are aware of occupancy limitations. (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 has been limited to guests, family members of the
occupants of the principal dwelling or domestic servants. 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 (7/I 6/02):
The applicants accepted the recommendation. There was no opposition present.
On motion of Mr. Curmingham, seconded by Mr. Stack, the Commission recommended
approval of this request subject to the conditions on page 2.
AYES: Messrs. Gecker, Curmingham and Stack.
ABSENT: Messrs. Litton and Gulley.
The Board of Supervisors, on Wednesday, July 24, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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