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17SN0506 CASE NUMBER: 17SN0506 APPLICANT: Wolfgang P. Webner CHESTERFIELD COUNTY, VIRGINIA Magisterial District: BERMUDA STAFF’SANALYSIS 210 Enon Church Rd AND RECOMMENDATION Board of Supervisors Public Hearing Date: DECEMBER14, 2016 BOSTime Remaining: 365 DAYS Applicant’s Contact: WOLFGANG P. WEBNER (804-804-9910) Planning Department Case Manager: AMY SOMERVELL (804-748-1970) APPLICANTS’ REQUEST Conditional use to permit a two family dwelling in an Agricultural (A) District. A two-family dwelling(apartment above an attached garage) is currently located on the property without the requisite conditional use. A conditional use is requested to allow the continued occupancy of the garage apartment by family members. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions are located in Attachments 1. RECOMMENDATION PLANNING RECOMMENDED APPROVAL COMMISSION (11/15/16) RECOMMEND APPROVAL Similar request approved with no knownadverse impacts STAFF Conditions ensure residential character maintained Providing a FIRST CHOICE community through excellence in public service 217SN0506-2016DEC14-BOS-RPT Map 2: Comprehensive Plan Classification: Suburban Residential II use The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre. Map 3: Surrounding Land Uses & Development Single-family Dwellings Enon Church Road Ramblewood Drive Point of Rocks Park 317SN0506-2016DEC14-BOS-RPT PLANNING Staff Contact: Amy Somervell (804-748-1970) somervella@chesterfield.gov PROPOSAL The applicants are requesting a conditional use to permita two-family dwelling. Specifically, an apartment located above a garage attached to the principal dwelling was constructed approximately fifteen (15) years ago andusedas a mother-in-law suite. Since construction, no known complaints have been received relative to thisuse. The property hasrecently transferred ownership, at which time this second dwelling was identified as requiring a conditionaluse.The former property owner is seeking to bring the use into compliance with zoning requirements for the benefit of the current property owners. The current propertyowners have indicated agreement with the conditions recommended by staff relativeto the use of a second dwelling. The following provides an overview of theseproposed limitations: GeneralOverview Requirements Details Limited to: occupants of principal dwelling; individuals related to them by blood, marriage, adoption or Occupancy guardianship; foster children; guests; and any domestic help. Condition 1 Record Notice of Occupancy Deed restriction to be recorded within thirty (30) days. LimitationCondition 2 As conditioned, the use should not adversely affect area residential uses. In addition, second dwellingshave been approved in other residential areas on similarly parcels with no apparent adverse impact. 417SN0506-2016DEC14-BOS-RPT FIRE SERVICE, Staff Contact: Anthony Batten (804-717-6167) attena@chesterfield.gov PARKS AND RECREATION Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov LIBRARIES, Staff Contact: Jennifer Stevens (751-4998) stevensj@chesterfield.gov SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward(804-748-1028) wardr@chesterfield.gov This request will have minimal impact on Fire and EMS, parks, libraries,school and environmental facilities. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov To date, no comments received. WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439)blandj@chesterfield.gov The existing dwelling is connected to the public water system and uses a private wastewater system. HEALTH Staff Contact: Jack Watts(804-748-1697) Jack.Watts@vdh.virginia.gov The Health Department must approve expanded use of the private wastewater system. 517SN0506-2016DEC14-BOS-RPT CASE HISTORY Applicant Submittals 07/08/16Application submitted Planning Commission Meeting 11/16/16 Citizen Comments No citizens spoke to this case. RecommendationAPPROVAL SUBJECT TO CONDITIONS IN – ATTACHMENT 1 Motion: Sloan Second:Freye AYES:Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, December 142016, beginning at 6:30 p.m., will consider this request. 617SN0506-2016DEC14-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions were recommended by both staff and the Planning Commission. 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) 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) 717SN0506-2016DEC14-BOS-RPT