19SN0563
CASE NUMBER: 19SN0563
APPLICANT: Norma J. Sears
CHESTERFIELD COUNTY, VIRGINIA
DALE DISTRICT
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
JANUARY 23, 2019
BOSTime Remaining:
365 DAYS
NORMA J. SEARS (804-275-0727)
Applicant Agent:
KATHRYN S. MCMILLIAN (804-275-0772)
3.8 Acres 5126 Little Creek Lane
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
Conditional use to permit a two-family dwelling in a Residential (R-7) District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions are located in Attachment 1.
SUMMARY
In 1976, a garage attached to the existing home was converted into a second dwelling unit. The
applicant requests conditional use to bring the second unit into compliance with the Zoning
Ordinance and allow its use by a family member.
RECOMMENDATIONS
APPROVAL
PLANNING
COMMISSION
PLANNING APPROVAL
STAFF Similar requests approved with no known adverse impacts
Conditions ensure residential character maintained
Providing a FIRST CHOICE community through excellence in public service
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Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL II
The designation suggests the property is appropriate for residential use 2.0 to 4.0 dwellings per
acre.
Surrounding Land Uses and Development
Cogbill Rd.
Meadowbrook
High School
Little Creek Ln.
Ironbridge Rd.
Single-family
Single-family uses
uses
-Dale Village
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Proposal
In 1976, an attached garage was converted into a second dwelling unit without the requisite
zoning (see Exhibit below). According to the applicant, the unit has accommodated different
family members since its construction. The applicant wishes to maintain the unit for use by a
family member, necessitating conditional use approval. To date, the County has received no
code enforcement complaints relative to this use.
Exhibit
The following chart provides an overview of limitations which would mitigate impacts of this
use on surrounding properties.
General Overview
Requirements Details
Limited to: occupants of principal dwelling;
individuals related to them by blood, marriage,
adoption or guardianship; foster children; guests; and
Occupancy
any domestic help.
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Deed restriction to be recorded within thirty (30) days.
Record Notice of Occupancy
Limitation
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As conditioned, the use would not adversely affect area residential uses. In addition, two-family
dwellings have been approved in other residential areas on similarly situated parcels with no
apparent adverse impact.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
COUNTY TRANSPORTATION
Staff Contact: Steven Adams (804-751-4461) AdamsSt@chesterfield.gov
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
09/14/2018 Application submitted
11/21/2018 Application revised
Community Meeting
11/15/2018 Issues Discussed:
Confirmation that second dwelling unit is located within the main
building, not a separate detached building
No concerns with the request
Planning Commission
12/18/18 Citizen Comments:
No citizens spoke to this request.
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Freye
AYES: Sloan, Jackson, Freye, Jones and Stariha
The Board of Supervisors on Wednesday, January 23, 2019, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by both the Planning Commission and
Staff.
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)
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