75S144
Au~. st 27, 1975 (B.S.)
CASE NUMBER: 75S144
APPLICANT: G. E. Miles and J. P. Spinner
REQUEST: A Conditional Use to permit the construction of 7 duplex
structures (14 dwelling units).
PROPOSED USE: It is intended that the parcel be developed to accommodate
14 dwelling units.
TAX MAP IDENTIFICATION: Bermuda Magisterial District, Refer to Quail
Oaks, Section 1, Blk 6, Lots 17 and 18 (Sheet 23).
GENERAL LOCATION: The parcel fronts the.north line of Brandywine Avenue
south of the intersection of Pealock Road and Brandywine Avenue in
Quail Oaks Subdivision.
ACREAGE (SUBJECT PARCEL)~ 1.5 acres.
EXISTING ZONING: Residential (R-7).
EXISTING LAND USE (SUBJECT PARCEL): Vacant and partially wooded.
ADJACENT AND AREA ZONING AND LAND USE: Ail adjacent property is zoned
Residential (R-7). Adjacent property is either vacant or occupied
by single family or duplex residences.
UTILITIELS~ SOIL PROFILE:
writing.
Information not available at the time of this
DRAINAGE AND EROSION~ REQUIRED OFF-SITE EASEMENTS: Although no specific
report has been received by Planning Staff, preliminary discussions
with the Engineering Department indicates that an erosion problem
will result from the proposed development. It has been indicated
that specific measures will be necessary in order to avoid these
problems. In addition, off-site drainage easements will be necessary.
The Engineering Department has also stated that they will provide the
applicant with specific drainage and erosion control measures.
PUBLIC FACILITIES: No particular impact relative to existing or future
area public facilities is anticipated.
TRANSPORTATION AND TRAFFIC: Development of the parcel for the use in-
dicated will utilize a single access to Brandywine Avenue.
GENERAL PLAN: Single family residential development for the area en-
compassing the parcel.
STAFF ANALYSIS AND RECOMMENDATION: On May 16, 1972 and again on June 20,
1972 the applicants came before the Planning Commission requesting (case
number 72-23U) that they be allowed to construct 71 apartment units on
the subject parcel. The Commission after considerable discussion and
debate, resolved that approval of the request be recommended to the
Board of Supervisors subject to a number of conditions .being impcsed.
However, in the face of heavey opposition, the applicaticn was with-
drawn prior to a Board hearing of the request. At the Board meeting~~
~it was stated that after discussions with the area property owners
and residences of Quail Oaks Subdivision, the applicants agreed to
withdraw the multi-family request subject to making reapplication for
duplex use.
Consequently, on March 7, 1973 the Board of Zoning Appeals resolved
that Messers Miles and Spinner be permitted (Special Exception request
number 73A034) to construct 7 duplex structures designed to address
particular development problems and assure compatibility with existing
and future area land use.
On November 27, 1974, the Board of Supervisors, after a review by the
Planning Commission, gave reconsideration to certain conditions imposed
in the granting of the Special Exception (Case Number 73A034; March 7,
1973) by the Board of Zoning Appeals. The Supervisors resolved that
exceptions to 6ondtiions 7 and 8 in the previously approved Special
Exception be made as requested by the applicant and shown on the site
plan submitted with the application. It was further resolved that all
uni~ts would be constructed entirely of brick, and that drainage problems
would be negotiated because of the applicant's delay in beginning
construction that the original Special Exception expired. As noted in
the past recommendations, Planning Staff is of the opinion that this
Conditional Use should offer no detriment to the neighborhood provided
maximum densities are kept at a reasonable level and certain conditions
guaranteeing land use compatibility are imposed.
CASE HISTORY AND PAST
COMMISSION AND BOARD ACTION
FOR THIS REQUEST
C.P.C. 7 15 75: Approval of this Conditional Use request is recommended
subject to the imposition of the following conditions:
Each parking space shall be 10X20 feet in size. A minimum of
two (2) parking spaces per dwelling unit shall be provided.
All private drives, entrances and parking areas shall be paved.
Driveways shall be at least 25 feet face of curb to face of curb
utilizing curb and gutters.
Ail structures~shall be separated by a minimum of 20 feet.
Ail structures shall be a minimum of 20 feet from any property
line with the exception of attached tool sheds which may project
into the setback area.
No more than 14 dwelling units shall be permitted to be constructed
on the parcel in question.
Fire hydrants shall be provided and located in accordance with a
plan to be presented to and approved by, the Cou~ty Fire Administra-
tion.
The following fire prevention and safety measures shall be imposed:
a. Ail roof coverings shall be of fire resistant materials
Class C or better.
Ail vertical walls separating dwelling units shall be
constructed as fire walls.
An approved smoke detection system shall be provided in
each dwelling unit.
Ail units shall be of brick construction.
The above noted conditions notwithstanding the plan on file
with the Planning Department prepared by Hankins and Anderson
Consulting Engineers and dated 6/13/74, shall be considered
the plan of development for the project.
CASE HISTORY AND PAST
COMMISSION AND BOARD ACTION
FOR THIS REQUEST
Applicant 8 19 75: Made formal request for a 120 day deferral (Dec.10,
1975) for~the hearing of the case.
75s144
Conditional Use
Scale 1"=600'
Sheet 2~
Z