03SN0327-Oct 8.pdfOctOber 8, 2003 BS'L
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
REQUEST:
03SN0327
Antonio and Christine Cimino
Bermuda Magisterial District
2301 Burgess Road
Conditional Use to permit a two (2) family dWelling unit in a Residenti~ (R-7)
District.
PROPOSED LAND USE:
A second dwelling within an existing dwelling unit is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
B~
The Planning Commission and Board of SupervisOrs have typically acted faVorably
on similar requests where occupancy of the seconddweIling 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
request property is maintained.
Providinga FIRST CHOICE COmmunity ThrOugh Excellence in PUblic Service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONSNOTED WITH "STAFF/CPC" WERE AGREED UPON;BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WI'FH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNINGCOMMISSION,)
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 purposes of providing record notice, within thirty (30).days of
the approVal of this request:
An instrument titled ~"notice.of zoning restriction, shall be
recorded with the property owner indexed as "grantor" and
setting forth the limitations 'of Conditions 1 and 2; and
be
The deed book and page number of suchnotice and a copy of
the notice as recorded shall-be submitted to the planning
Departmem. (P)
GENERAL INFORMATION
Location:
South line of Burgess Road and better known as 2301 Burgess Road. TaxlD 827'647.3654
(Sheet 36).
Existing Zoning:
R-7
Size:
1.6.7 acres
Existing Land Use:
Single family dwelling
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Adjacent Zoning and Land Use:
North, East and West - R-7; single family residential or vacant
South - A; Single family residential or vacant
UTILITIES
Public Water System:
The public water system is not available to serVe the request site. The closest extendable
water line is approximately 2,200-feet west of this site. Use of the publiCwater system is not
required.
Public Wastewater System:
The public wastewater syStem is not available to serve the request site. The closest
extendable wastewater line is-an existing eighteen (18) ~ch wastewater mink line that
extends along Johnson Creek,.approximately 1,500 feet west of this site. Use of the public
wastewater system is not required.
Private Well and Septic System:
The Health Department must approve any new. well and/or septic system, or the expanded
usage of any existing well and/or Septic system.
ENVIRONMENTAL
The property drains southwest to Johnson Creek and then to the James River. There are currently no
on- or off-site drainage or erosion Problems with none anticipated after .development.
. PUBLIC FACILITIES
Fire Service; Schools; Libraries; Parks and Recreation; and Transportation:
This use will have a minimal impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern: Area Plan Which suggeSts the
property is appropriate for residential use of 4.0 dwelling traits per acre or :less.
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Area Developmem Trends:
Surrounding properties are zoned Residential (R-7) and Agricultural (A) and are occupied by
single family residential dwellings within Homeacres SubdiViSion or located on acreage
parcels, and/or are vacant. It is anticipated that residential development will continue in this
immediate area, consistent with the Plan.
Site Design and Occupancy:
The applicants have constructed-an addition to their existing dwelling which they intend to
convert into a second dwelling unit for occupancy by immediate family members.
Consistent with past actions on similar requests and to ensure that the "single. family"
character of the area is maintained, the recommended conditions-would limit occupancy of
the second dwelling unit to the obdupants of the principal~dwelling unit, individuals related to
them by blood, marriage;adoption or guardianship, foster ehildren~ guests and any domestic
· servants. Conditions would also require recordation of:an instrument to ensure'that future
owners are aware of occupancy limitations. (Condifi°nst and 2)
CONCLUSIONS
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 maintained. - '
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/16/03)':
The applicant accepted:the recOmmendation. There Was no-opposition present.
On motion of Mr. Cunnin~ seconded by Mr. Stack, the' Commission recommended
approval of this request subject'to the conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 8, 2003,.berg at 7~.00 p.m., will takeunder
consideration this request.
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