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July 27, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0254
Steven M. Uphoff
Matoaca Magisterial District
Gates Elementary, Matoaca Middle and Matoaca High School Attendance Zones
15642 Chesdin Landing Terrace
REQUEST: Conditional Use to permit a two (2) family dwelling in a Residential (R-88)
District.
PROPOSED LAND USE:
A second dwelling within an existing dwelling unit is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
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 condition and proffered condition ensure that the single-family
residential character of the request property is maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
Providing a FIRST CHOICE community through excellence in public service
CONDITION
(STAFF/CPC)
Prior to release of a final certificate of occupancy, a deed restriction
shall be recorded setting forth the limitations in the proffered condition.
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)
PROFFERED CONDITION
(STAFF/CPC)
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, guest and any
domestic servants. (P)
GENERAL INFORMATION
Location:
Southern terminus of Chesdin Landing Terrace and known as 15642 Chesdin Landing
Terrace. Tax ID 737-622-1579 (Sheet 39).
Existing Zoning:
R-88
Size:
2.6 acres
Existing Land Use:
Residential
Adjacent Zoning and Land Use:
North, South, East and West - R-88; Single-family residential or Lake Chesdin
UTILITIES
Public Water System:
There is a six (6) inch water line extending along Chesdin Landing Terrace adjacent to
the site. The existing residence is connected to the public water system. Use of the
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public water system is intended and is required by County Code. County Code also
requires a separate water meter and service line be installed to serve the separate second
dwelling.
Public Wastewater System:
The public wastewater system is not available to serve the request site.
Private Septic System:
The Health Department must approve any new or expanded usage of an existing septic
system.
ENVIRONMENTAL
Water Quality:
The property is bordered on two (2) sides by a Resource Protection Area (RPA), inside of
which uses are very limited. No clearing, dwelling or septic fields are permitted within
the RPA.
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 Southern and Western Area Plan which suggests the
property is appropriate for 1-5 acre lots, suited to R-88 zoning.
Area Development Trends:
This request lies within Chesdin Landing Subdivision which is characterized by large lot
single family residential zoning and uses. The Plan suggests that this area will continue
to develop for single family uses on large lots.
Site Design and Occupancy:
The applicant is proposing to construct a second dwelling unit within an existing
principal dwelling. Consistent with past actions on similar requests and to ensure that the
"single family" character of the area is maintained, the proffered condition 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,
05SN0254-JULY27-BOS
guests and any domestic servants. The recommended condition would require
recordation of an instrument to ensure that future owners are aware of occupancy
limitations (Condition).
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. In addition, the
recommended condition and proffered condition ensure that the single-family residential
character of the request property is maintained.
Given these considerations, approval of this request is recommended subject to acceptance of the
proffered condition and the imposition of the condition.
CASE HISTORY
Planning Commission Meeting (6/21/05):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended
approval subject to the condition and acceptance of Proffered Condition 1. Recommend
that Proffered Condition 2 not be accepted.
AYES: Unanimous
(STAFF NOTE: SINCE THE PLANNING COMMISSION'S CONSIDERATION
OF THIS REQUEST, THE APPLICANT WITHDREW PROFFERED
CONDITION 2.)
Staff (7/13/05):
The applicant withdrew Proffered Condition 2.
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
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