15RW0231
CASE MANAGER: W. Weedon Cloe, III
August 26, 2015 BS
Exhibit B
Applicants response to the six (6) findings as required by Section 19-527.B.1.
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Timothy & Ashley Menninger
Woodlake - Beechwood Point Point Lot 030
13716 Beechwood Point Road
Midlothian, Virginia 23112
Tax ID # 725-679-5088
The following discussion addresses exceptions from Section 19.1-527.B.1 of the Chesterfield County
Code. Each exception is addressed for the proposed Resource Protection Area impacts.
Section 19.1 - 527
B. Exceptions.
1. Exceptions to the requirements of sections 19.1-524 and 19.1-525 may be granted, subject to the
procedures set forth in 19.1-527.B.2 if a finding is made that:
1.The requested exception is the minimum necessary to afford relief:
An encroachment into the RPA is necessary because the property was recorded and construction
completed prior to the Countys Bay Act adoption in 2004. Today, the majority of the backyard
(78%) sits within the RPA. The proposed project will occupy the same backyard area footprint
already in place (within the boundaries of existing grassy area). In order to minimize the impact to
the RPA, we plan to enhance the shrubbery and ground cover in both the disturbed and undisturbed
areas. The Woodlake HOA requires pool placement to be in the backyard. The site selected for pool
installation is the area of the backyard that would require the least amount of grading due to slope.
The pool size and design was originally intended to be a 25x36 L-shaped kidney; however we
reduced it down to a 15x30 free-form in order to minimize the square footage of RPA encroachment.
The project plan includes specifications that are consistent with safety standards and county code
guidelines.
-6 foot high deck needs stairs
-Pool is minimum 8 feet away from the deck
-Walkway is minimum 4 feet around the pool
-Surrounding fence is required
2.Granting the exception will not confer upon the applicant any special privileges that are
denied to other property owners who are similarly situated:
Providing a FIRST CHOICE community through excellence in public service
Given the circumstances, each of our neighbors along the water line will be held to the same
exception approval process. If they submitted a similar request, their pool must also be in the
backyard and pool placement would most likely fall with the RPA. If the County were to grant an
exception, we do not feel we are receiving a special privilege.
3.The exception request is in harmony with the purpose and intent of the Chesapeake Bay
Preservation requirements of the Zoning Ordinance:
We have re-engineered the original backyard design in order to minimize the RPA encroachment.
Our plan for mitigation planting and patio design will minimize the amount of runoff to the
maximum extent possible.
Planting buffer between the pool and the fence
Planting buffer between the fence and the water line
Design of impermeable surfaces will be built in such a way to route runoff to the least impactful
direction possible.
During construction, we will abide by high erosion control standards, which will be
monitored throughout.
Restricting the type of construction equipment within the project area
Placing RPA boundary markers and silt fencing where appropriate to prevent further encroachment
into the RPA
Restricting chemical and fuel storage near the RPA.
4.The proposed exception is not based upon conditions or circumstances that are self-created or
self-imposed:
The lot was recorded prior to the Bay Act adoption; therefore, the RPA was imposed on the property
post recordation. Today, the majority of the backyard (78%) sits within the RPA. The HOA requires
pool placement to be in the backyard. We are unable to site the pool in another location outside of the
RPA.
5.Reasonable and appropriate conditions have been imposed that will prevent the allowed
activity from causing a degradation of water quality:
Throughout construction, we will employ cautionary measures such as:
1.) Identifying and addressing pollutants of concern during and after construction
a. Restricting the use of chemicals or fuels in or near the RPA to prevent risk of a spill
b. Enforcing the use of erosion and sediment control measures as outlined in the seven minimum
standards of the Virginia Erosion and Sediment Control Handbook to prevent erosion from reaching
the water
i. No soil movement on steep slopes; Existing vegetation will remain
ii. Limit the duration of soil exposure in a construction phase approach; Complete grading soon after
starting; Reseed as soon as possible.
iii. Apply erosion control practices to prevent excessive on-site damage; Cover exposed soil with
plastic sheeting.
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iv. Apply perimeter control practices to protect the disturbed area from off-site runoff; clearly mark
the boundary of construction site and RPA; Construct a silt fence between the disturbed area and the
water line.
v. Keep storm water velocities low and limit erosion hazards by preserving the natural vegetative
cover; Plant vegetation buffers in both the disturbed and undisturbed areas.
vi. Stabilize disturbed areas immediately after final grade has been attained.
vii. Implement a maintenance and follow-up program.
c. Managing the backwash of water flow and maintaining clean and treated pool water
i. De-chlorinate the water by allowing it to stand untreated for at least seven days
ii. Ensure that the pH of the pool water is close to the pH of the receiving stream
iii. Remove excess sediment and leaves from the water
iv. Make sure you know where the discharged water will flow so that it does not flood your basement
or affect your neighbor's property.
v. Discharge the water so that it does not enter a storm drain or a stream directly
vi. Discharge the water over a grassy area to slow it down and
aerate it
vii. Discharge the water at a slow rate (over 24 hours) so it does not erode banks downstream of the
pool
viii. In consideration of the guidance above for swimming pool operation and disposing of backwash,
we intend to follow strict adherence in order to prevent contamination of the Swift Creek Reservoir.
We will discharge regulated amounts of pool water into a holding pit before releasing de-chlorinated
water into the backwash area highlighted in Attachment 4. Any water that escapes the pool during
normal pool usage will be directed towards the sides of the yard and away from the Reservoir. In the
event of a full pool drainage, we will arrange for a pump and haul contractor to eliminate the risk
of any discharge into the Reservoir.
d. Safeguarding the supply of salt on premise. The pool will have a salt water system; therefore, no
chlorine chemical will be on site. Salt storage will be outside of the RPA area.
6.The request is being made because of the particular physical surroundings, use, shape or
topographical conditions of the specific property involved or property adjacent to or within
100 feet of the subject property, or a particular hardship to the owner will occur, as
distinguished from a mere inconvenience, if the strict letter of this division is carried out:
The lot was recorded prior to the Bay Act adoption in 1990. The Woodlake HOA requires pool
placement to be in the backyard. Because of the size of the lot and the large portion of the backyard
that is situated within the RPA, we are unable to site the pool in a more suitable location.
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