13SN0533
CASE MANAGER: Robert Clay
July 16, 2013CPC
August 28, 2013 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
13SN0533
Chesterfield County
Board of Supervisors
DaleMagisterial District
5151 Little Creek Lane
PROPOSAL:Conditional use approval to permit a dwelling separated from the principal
dwelling plus conditional use planned development to permit exceptions to
ordinance requirements relative to setbacks in anAgricultural (A)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.In addition, the detached structure does not meet the required
setback from the front property line. Conditional useand conditional use planned
development approvalis requestedto bring the use into compliance with the
ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommendapproval 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 the area.
B.The recommended conditions ensure that the single-family residential character of
the request property is maintainedand that the accessory structure does not
encroach any further into the required front yard setback.
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(NOTE: CONDITIONS MAY BE IMPOSED. CONDITION(S) NOTED “STAFF/CPC” WERE
AGREED UPON BY BOTH STAFF AND THE 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, within thirty (30) days
of approval of this request, a deed restriction shall be recorded
setting forth the limitation in Condition 1. 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)
(STAFF/CPC)3.The front yard setback of the detached accessory structure(second
dwelling)shall be a minimum of sixty (60) feet, as depicted in the
“Exhibit” submitted with the application.(P)
GENERAL INFORMATION
Location:
The request property is locatedon thesouth line of Little Creek Lane atHowell Drive and is
better known as 5151 Little Creek Lane. Tax ID 776-682-7908.
Existing Zoning:
A
Size:
1.2acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North –R-7; Single-family residential or vacant
South,East and West –A; Single-family residential or vacant
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UTILITIES
Public Water and Wastewater Systems:
The request site is not currently connectedto the public water and wastewater systems.
This request will not impact the public utility systems.
Health Department:
The Health Department must approve any new or expanded use of the private septic
system.
ENVIRONMENTAL
This proposal will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service(EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportationand Virginia Department of Transportation(VDOT):
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plansuggests theproperty is appropriate for Suburban Residential II
use (2.0 to 4.0dwellings per acre).
Area Development Trends:
Area properties are zoned Residential (R-7) and Agricultural (A) and are occupied by
single-family residential uses in Dale Village Subdivision and on acreage parcels or
remain vacant. Single-family residential development is anticipated to continue in this
area, as suggested by the Plan.
Site Designand Occupancy:
Asecond dwelling unit has been established by a previous property owner within the
upstairs portion of an accessory structure without the requisite conditional use approval.
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This second dwelling is occupied by an immediate family member of the occupant of the
principal structure.
Consistent with past actions on similar requests, conditions are typically imposed to
ensure that the single-familycharacter of the area is maintained. These conditions limit
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. Conditionsalso provide notice of such limitation to future owners of the property.
(Conditions 1 and 2)
Detached accessory structures over twelve (12) feet in height in an Agricultural (A)
District must observe a front yard setback of the lesser of half the average depth of the lot
or eighty (80)feet. Given the average depth of the property is 180 feet the structure
would have to be set back eighty (80)feet from the front property line. As shown on the
“Exhibit” the accessory structure was constructed with a front setback of approximately
sixty (60) feet;therefore, a twenty (20) foot exception to the required eighty (80) foot
front setback for a detached accessory structure is requested. (Condition 3)
CONCLUSION
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
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 maintainedand that
the accessory structure does not encroach any further into the required front yard setback.
Given these considerations, approval of this proposalis recommended.
CASE HISTORY
Planning Commission Meeting (7/16/13):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended
approvalsubject to the conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, August 28, 2013beginning at 6:30 p.m., will take
under consideration this proposal.
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