91SN0268
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8e~ober-t5,-i99i-6PS
Beeember-it,-1991-6P€
January 22, 1992 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0268
Alex J. and Carol M. Bilter
Midlothian Magisterial District
Northern terminus of Belleau. Drive
REQUEST.: Condi tional Use to permit a dwelling separated. from the principal
dwelling unit in a Residential (R-15) District.
PROPOSED LAND USE:
The request property is currently occupied by a single family
dwelling. The applicant wishes to construct a second dwelling on the
property to be used by immediate family members or guests.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE. 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The requested land use conforms to the Northern Area Land Use and
Transportation Plan~ which designates the property for medium density
residential use.
B. Typically, the Planning Commission and Board of Supervisors have acted
favorably on similar requests where occupancy of the second dwelling
has been limited. to guests or family members of the occupants of the
principal dwelling.
c. The recommended conditions ensure continued compatibility with, and
limited impact on, the surrounding area.
(NOTE: THE CONDITIONS NOTED WITH uSTAFF/CPCtt WERE AGREED UPON BY BOTH STAFF AND
THE COMMISSION ~ CONDITIONS WITH ONLY A I'STAFF" ARE RECOMMENDED SOLELY BY STAFF.
CONDITIONS WITH ONLY A I1CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITIONS
(STAFF/epc)
1 .
Occupancy of the second dwelling unit shall be limited to
the occupants of the principal dwelling unit, their family
members and guests. (p)
(STAFF/CPC)
2.
Prior to release of a building permit, a deed restriction
shall be recorded indicating the requirement in Condition 1.
The deed book and page number of such restriction and a copy
of the restriction shall be submitted to the Planning
Department. (p)
(STAFF/CPC)
3.
The size of the second dwelling shall be smaller than the
size of the principal dwellinga (p)
(STAFF/CPC)
4.
The second dwelling shall be located as depicted on the
revised plan submitted on December 6, 1991. (p)
GENERAL INFORMATION
Location:
Northern terminus of Belleau Drive, at its intersection with Beaudet Lane.
Tax Map 10-15 (6) Bonaventure, Section 1, Block A, Lot 1 (Sheet 3)..
Existing ZoninR:
R-15
Size:
1.8 acres
Existing Land Use:
Single family residential
Adjacent Zoning & Land Use:
North, South, East and West - R-1S; Single family residential or vacant
PUBLIC FACILITIES
Utilities:
The public water and wastewater systems are available and their use is
required by Ordinance for the second dwelling.
Drainage and Erosion; Fire Service; Schools; and Transportation:
The proposed use will have little or no impact on these facilities.
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91SN0268/PC/JAN221
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Fiscal Impacts:
The proposed use will not have an impact on capital facilities; therefore,
cash proffers are not warranted~
LAND USE
General Plan:
This request lies within the boundaries of the Northern Area Land Use and
Transportation Plan, which designates the site and surrounding area for
medium density residential development of 1.51 to 4.00 units/acre.
Area Development Trends:
The surrounding area is currently zoned Residential (R-lS)
characterized by single family residential development on
approximately three-fourths (3/4) acre or greater in size.
and
lots
is
of
Site Design:
The site is currently occupied by a single family dwelling. The applicant
plans to construct a second dwelling separated from the principal dwelling.
The second dwelling is proposed to be a single-story structure of
approximately 1,300 square feet.
Condition 1~ as recommended by staff, would permit the second dwelling with
the provision that occupancy be limited to guests or family members of the
occupants of the principal dwelling. Further, Condition 2 requires the
recordation of a deed restriction which will provide notice to any future
owners that the dwelling units cannot be used for any purpose other than as
permi tted by the Condi tional Use or the zoning district in which the
property is located.
Conclusions:
The requested land use conforms to the Northern Area Land Use and
Transportation Plan. Additionally, the Planning Connnission and Board of
Supervisors have typically acted favorably on similar requests. The
reconnnended condi tions ensure continued compa t i hili ty wi th, and limi ted
impact on, the surrounding area (Conditions 1 j 2, 3 and 4). Therefore,
approval of this request is recommended.
CASE HISTORY.
Planning Commission Meeting (10/15/91):
The Planning Commission deferred this case for sixty (60) days to allow the
applicants to meet with Planning staff and adjacent property owners to
discuss relocating the proposed structure.
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91SN0268/PC/JAN221
Staff (10/16/91):
The applicants were advised 'in wri ting that significant new or revised
information should be submitted no later than November 18, 1991, for
consideration at the Commission's December 17, 1991, public hearing.
Applicants, Staff and Midlothian District Commissioners (11/7/91):
A meeting was held on-site to discuss relocating the proposed structure.
Several alternatives were discussed that would move the structure further
away from adjacent property to the west and closer to the existing single
family residence. Staff informed the applicants that they would assist
them in preparing a revised plan.
Staff (11/13/91):
An amended plan was sent to the applicants, along with suggestions on
several possible locations for the proposed stru~ture. The applicants were
advised to review the material and advise staff of their desires no later
than November 18, 1991.
Staff (12/2/91):
Staff's attempt to contact the applicants was unsuccessful. To date, no
new information has been received nor have the applicants agreed to revise
their plans.
Applicants (12/6/91):
The applicants submitted the attached revised plan which moves the proposed
second dwelling further away from the adjacent property to the west. This
revised plan was submitted as a result of a meeting with the applicants,
the Midlothian District Planning Commissioner, Planning staff and the
adjacent property owner, concerning the proximity of the second dwelling to
the property to the west. Further, should the Board wish to ensure that
the second dwelling is located as shown on the revised plan, Condition 4
should be imposed.
Planning Commission Meeting (12/17/91):
The applicants accepted the recommendation. There was opposition present.
Concern was expressed relative to the proposed location of the second
dwelling, as well as the potential adverse impact on area property values.
Several of the Commissioners indicated that need for second dwellings would
increase in the County as the population ages. It was further noted that
similar uses had been approved in other subdivisions.
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91SN0268/PC/JAN221
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Messrs. Warren and Miller acknowledged the need for second dwellings. but
expressed concern relative to the location of the proposed dwelling.
On motion of Mrs. Boisineau, seconded by Mr. Belcher, the Commission
recommended approval of this request, subject to the conditions on page 2a
AYES: Messrs. Perkins and Belcher, and Mrs. Boisineau.
NAYS: Messrs. Warren and Miller.
The Board of Supervisors on Wednesday, January 22, 1992, beginning at 7:00 p.m.,
will take under consideration this request.
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91SN0268/PC/JAN221
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