03SN0250-June18.pdfJune 18, 2003 BS
STAFF' S ·
REQUEST .ANALYSIS'
RECOMMENDATION
03SN0250
Gxegory Babinat
Vicki Babinat-...
Dale Magisterial: DistriCt
.. . .5140 Jessup_Road
Conditional 'Use :to permit a two (2) family dwelling unit in. a Residential (R-7)
District. .
-- REQUEST:
:PROPOSED LAND USE: '
A second.dwelling within an existing dwelling:Unit is proposed.
PLANNING COMMIS SION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO'THE CONDITIONS ON PAGE'2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The Planning CommissiOn and Board of Supervisors have typically acted favorably
on similar requests where occupancy. 0fthe second dWelling unit 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
request property is maintained.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE': CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAy'PROFFER
coNDITIONS. THE CONDITIONs NOTED WITH "ST~F/CPC'' WERE AGREED upON BY
BOTH STAFF AND 'THE' COMMISSION. CONDITIoNs:WITH ONLy A "'STAFF". ARE
RECOMMENDED, SOLELY BY STAFF~ CONDITIONs WITH ONLY A "cPc'' ARE
:: ADDITIONAL ·CONDITIONs RECOMMENDED BY THE PLANNING co~SSION.)
CONDITIONS
(STAFF/CPC)
(STAFF/CPC) 2:
'12 Occupancy of the second' dwelling unit shall, be' limited to:
the
occupants of the principal dwelling unit; individuals related to them
by bloodi marriage, adoption or guardianship; foster' children; guests;'
and any domestic servants. (P)' '
For the purposes of providing reCOrd notice, within thi~ (30) daYs of
the approval of this request:
ao
bo
An.instrument titled"n'otme'" of. zoning restriction" shall be
recorded with the' property owner indexedas'"grantor'' and
setting'forth thelimitations of Conditions 1 .and. 2; and
The deed b~'~k'and Page :number of such notice and acopy of
the notice as recorded shall be submitted to.the 'Planning
Department. (P).
GENERALINFO~ON
Location:
North line of Jessup Road and known as 5140. Jessup Road. Tax ID 775-686-7274 (Sheet
!1).
EXisting'Zoning:
Size:
R-7
1.3 acres
Existing Land Use:
Single family dwelling
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Adjacent Zoning and LandUse: .
- · . North,.South, East and West- R~7; Single family reSidential or vacant
· ~ ' UTILITIES
-:Pub!it Water SYstem: .
- -' ' ." : There is an existing sixteen (16) inch waterline eXtending along a portion of Jessup Road
'" that terminates approximately 300 feet east of this.si(ei' In addition, an eight'(8) inch water
~.. ;..-- - ~ line extends· along a portion of Jessup Road andterminatesat Catterick Road approximately
...... 500 feet west of this ·site. Use of the public watei system is not reqUired.
priVate'Well:' .
~ ' The existing residence is connected, to a private· well, and it is the intent of the applicant to .
..... : ' continue using:the eXisting well. The HealthDepartment must approve any new well or
- '.. expanded usage of an ·existing'Well.
~ 'Public WasteWater System: - - .
~" -' :-' "': There is an' existing eighteen (1-8) inch wastewater'tnmk line extending along the northern
. . . and Western.boundary Of this site.· The existing residence is connected..to the public
-. wastewater system. Use of the ~public wastewater system is required by County Coder
ENVIRONMENTAL
This proposal will. have no impact on drainage, erosion or. water quality.
pUBLIC FACILITIES
Fire Service; SChools; LibrarieS; and Parks and Recreation: ~
This use will have a minimal impact on these facilities~
Trans )ortation: "
The Thoroughfare 'Plan'identifies Jessup Road as a collector with a recommended right of
way width of seventy (70) feet.. The. applicants are unwilling to dedicate thirtyrfive (35) feet-
of right of way, measured from the centerline of JessuP Road, in accordance'with that Plan.
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LAND USE
Comprehensive Plan:
LieS within the bOundaries ofthe Central Area Land Use Plan which suggests'the'property is
appropriate fOr residential use of up to 2.51 to 4.0 dwelling units per acre.
Area 'Development Trends:
.Surrounding properties are zoned Residential (R~7) and .are occupied-by single family
residential dwellings '.within Trampling Farms :and Rock Spring Farms SUbdiVisions or
located on acreage parcels. It is anticipated that residential development Wil! Continue in this
immediate area, consistent with the Plan.
Site,Design and Occupancy:
The applicants' propose to convert.their basement into a second dwelling Unit for occupancy
by. an immediate family member.
Consistent with past actions on.similar requests and t° ensure that-the:-"sing!e 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 °f an instrument t0'ensure that fUture
owners are aware of occupancy limitations. (Conditions! and 2) '
CONCLUSIONS
The'Planning Commission 'and Board of Supervisors, have ~tyPically acted favorably'on similar
requests Where Occupancy of the second dwelling, unithas 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 maintained.
Given'these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/20/03):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recOmmended approval
of this request subject to the conditions on page 2.
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The Board of Supervisors~ on Wednesday, June 18,:2003,'beginning at 7:00 p.m., will take under
consideration this·requeSt: ' . ,
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