13SN0111CASE MANAGER: Robert Clay
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'~ ~ ~ ~ April 24, 2013 BS
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BS Time Remaining: STAFF' S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
13SNOll1
Ryan Homes
Dale Magisterial District
5509 Belle Pond Drive
REQUEST: Conditional use approval (renewal of Case lOSN0160) to permit a model home in
a Residential Townhouse (R-TH) District.
PROPOSED LAND USE:
A model home is currently being used as a temporary real estate office to market
houses outside of the development in which the model home is located, without
requisite conditional use approval. Renewal of the previously approved
conditional use is requested to bring this use into compliance with the ordinance.
On April 10, 2013 the applicant withdrew this case from consideration. The Board should
acknowledge this withdrawal.
CASE HISTORY
Planning Commission Meeting (10/16/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 15, 2012 public hearing.
Staff (10/17/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2012 for consideration at the
Commission's November 15, 2012 public hearing.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
Staff (10/24/12):
To date, no new information has been received.
Planning Commission Meeting (11/15/12):
The applicant did not accept the recommendation.
There was opposition present expressing concerns relative to signs; traffic; a person
dancing with a sign on premises; non compliance with Homeowners Association (HOA)
covenants; and an off-site office in their neighborhood.
The Commission expressed concerns about the applicant not being in compliance with
community covenants.
On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended denial.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
Board of Supervisors Meeting (12/12/12):
The applicant did not accept the recommendation.
Mr. Holland stated that he could not support the request, as it is an office use in a
residential area and is in conflict with the development's covenants and restrictions. The
applicant noted they were still working through issues raised by the Homeowners
Association and would like the case deferred while discussions continue. A representative
from the Homeowners Association came forward in support of the request for deferral.
Ms. Jaeclde closed the public hearing.
A motion by Mr. Holland to deny the request failed for lack of a second.
Ms. Jaeclde indicated a deferral of the case to the April, 2013 public hearing would be
appropriate.
At the request of the applicant, the Board deferred this case to their April, 2013 regularly
scheduled public hearing.
2 13SN0111 ~~PR24-BOS-RPT
Staff (12/13/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 7, 2013 for consideration at the Board's April
2013 regularly scheduled public hearing.
The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the
Board's public hearing.
Applicant (1/23/13):
The deferral fee was paid.
Staff (4/10/13):
The applicant withdrew this request.
The Board of Supervisors on Wednesday, April 24, 2013 beginning at 6:30 p.m. will take under
consideration this request.
3 13SN0111 ~~PR24-BOS-RPT
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