06SN0170-MAR8
February 21, 2006 CPC
March 8, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SNO 1 70
Roger L. Tuttle
Clover Hill Magisterial District
13624 Northwich Drive
REO,VEST: Conditional Use to permit a two-family dwelling in a Residential (R-7) District.
PROPOSED LAND USE:
A second dwelling unit occupied by a family member has been constructed within
the principal dwelling unit.
. PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. WILSON, GECKER, GULLEY AND LITTON.
ABSENT: MR. BASS.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Similar requests where occupancy of the second dwelling unit has been limited to
guests, do~estic servants or family members of t~e occupants of the principal
dwelling have been approved elsewhere in the County with no apparent adverse
impact on the area.
B. The recommended conditions ensure that the single family residential character of
the request property is maintained.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MA Y PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH HSTAFFICPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
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 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 above. 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)
(cpe)
3.
This Conditional Use shall be granted to and for Roger L. Tuttle or
his immediate family only and shall not be ,transferable nor run
with the land. (P)
GENERAL INFORMATION
Location:
North line of No rthwich Drive, west of Northwich Road and known as 13624 Northwich
Drive. Tax ID 729-679-7489 (Sheet 15).
Existing Zoning:
R-7
Size:
0.3 acre
Existing Land Use:
Two-family dwelling unit
Adjacent Zoni"ng and Land Use:
North, South, East and West - R-7; Single family residential or vacant
2
06SN0170-l\.1AR8-BOS
UTILITIES
The existing structure is connected to the public water and wastewater systems.
ENVIRONMENT AL
This request will have no impact on these facilities. .
PUBLIC FACILITIES
This use will have a minimal impact on these facilities.
LAND USE
Comprehensi~e Plan:
Lies within the boundaries of the Upper .Swift Creek Plan which suggests the property is
appropriate for single family residential use of up to 2.0 units per acre or less.
Area Development Trends:
Surrounding properties are zoned Residential (R-7) and ate occupied by single family
residential dwellings within Northwich Subdivision in Brandermill.
Site Desi~n and Occupancy:
The basement of the principal dwelling unit has been converted into a second dwelling
unit which is ~ccupied by an immediate family member of the applicant.
Consistent with past actions on similar requests, conditions are typically imposed to
ensure that the "single family" character of the area is maintained by limiting occupancy
of the second dwelling unit such that the occupants of both dwelling units are related to
or are guests or domestic employees for the occupant of the principal dwelling unit.
Conditions also provide notice of such limitation to future own"ers of the property.
(Conditions 1 and 2)
In addition, the Commission has recommended that the Conditional Use be granted to the
applicant or immedia~e family only. (Condition 3)
CONCLUSIONS
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requ~sts 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 t.hat the single family residential character of the area is maintained.
3
06SN0170-MAR8-BOS
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/06):
The applicant accepted staff s recommendation. There was support present provided the
Conditional Use be granted to the applicant only.
The Commission recommended imposition of an additional condition to address the
concern.
On motion of Mt. Gulley, seconded by Mr. Gecker, the Commission recommended
approval subject to the conditions on page 2.
AYES:' Messrs. Wilson, Gecker, Gulley and Litton.
ABSENT: -Mr. Bass.
The Board of Supervisors, on Wednesday, March 8, 2006, beginning at 7:00 p.m., will take
under consideration this request.
4
06SN0170-1v1AR8-BOS
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