19SN0611
CASE NUMBER: 19SN0611
APPLICANTS: Janet L. Willis
CHESTERFIELD COUNTY, VIRGINIA
MIDLOTHIANDISTRICT
STAFF’S ANALYSIS
AND RECOMMENDATION
Board of Supervisors (BOS)Hearing:
DECEMBER 11, 2019
BOSTime Remaining:
365 DAYS
Applicant Contact:
JANET L WILLIS (804-467-1547)
Planning Department Case Manager:
TYLER WALTER (804-318-8893)0.4 Acre – 2609 Blenheim Drive
REQUEST
Conditional Use to permit a farm use (keeping of pigs) in a Residential (R-7) District. The applicant
currently keeps two (2) Vietnamese potbellied pigs as pets without the perquisite zoning approval.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions are located in Attachment 1.
SUMMARY
A conditional use is being requested to allow this farm use (keeping of pigs) in a Residential (R-7)
district. The applicant also keeps six (6) chickens on the property which is permitted as a restricted
use in a Residential (R-7) District.
RECOMMENDATION
APPROVAL
Conditions should minimize the anticipated impacts, given no known
PLANNING
complaints on the pigs
COMMISSION
Pigs substantiated by physician as being emotional support animals
AYES: Freye, Jones, Sloan and Stariha NAY: Jackson
DENIAL
Given the size and location of the subject property, the use is not
STAFF compatible with the surrounding residential development
There are likely no conditions that would mitigate the impact of this use
on surroundingresidential development
Providing a FIRST CHOICE community through excellence in public service
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Comprehensive Plan – (Eastern) Route 360 Corridor Plan
Classification: RESIDENTIAL: 4 UNITS/ACRE OR LESS
The designation suggests the property is appropriate for residential use of 4.0 dwelling units
per acre or less.
Surrounding Land Uses and Development
Blenheim
Drive
Holborn
Twain Lane
Road
Single family uses –
Marlboro
Subdivision
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PLANNING
Staff Contact: Tyler Walter (804-318-8893) waltert@chesterfield.gov
Proposal
In February 2019, the Planning Department received a complaint that a rooster was being kept on
the property. Upon investigation, it was determined that the applicant was keeping a rooster, eight
(8) chickens, two (2) Vietnamese Pot-Bellied pigs and six (6) dogs on the property. Since the
complaint, the applicant has given away the rooster and two (2) chickens. The applicant currently
is keeping two (2) pigs, six (6) chickens and six (6) dogs on the property. Within a Residential (R-7)
Zoning District, farm use on property less than three (3) acres is restricted to the keeping of a
maximum of 6 chickens and no roosters. No other animals or livestock are permitted. Therefore,
approval of a Conditional Use is required to permit the keeping of the pigs.
The applicant has indicated that both pigs, which she has kept on the property for four and one-half
(4 ½) years, are female, are about 60 pounds and 32 inches. The pigs are primarily kept as indoor
pets, but are allowed free range in her fenced backyard under supervision for up to two (2) hours
per day. The applicant has provided a signed note from a physician indicating the pet pigs are
emotional support animals. The County Attorney advises that, per the Federal Fair Housing Act, it is
necessary to make reasonable accommodations for such animals.
Vietnamese pot-bellied pigs are a breed of domestic pigs native to the Vietnam Red River Delta and
first introduced to the United States in the 1980s. At maturity, these pigs would weigh
approximately 70 to 150 pounds, with a maximum length of 36 inches and a height of 15 inches and
have an average life expectancy of 10 to 15 years.
The request property is 0.4 acre. Given the size of the property and its location within a residential
neighborhood (Marlboro subdivision), the farm use is not compatible with surrounding residential
use. There are likely no conditions which would fully mitigate the impact of this request on
surrounding properties. Staff cannot support this request.
Should the Board determine it is appropriate to approve this request, the Planning Commission and
staff recommend imposition of conditions in Attachment 1, outlined below:
General Overview
Requirements Details
Use limited to the applicantand property owner, the
Non-Transferable
applicant’s daughter, only.
Condition 1
Limited to 3 years
Time Limitation
Condition 2
Pigs to remain within existing dwelling and pen area with
Location
proper supervision.
Condition 3
Area must be cleaned of waste daily and waste properly
Sanitation/Waste Removal
disposed.
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Condition 4
Should pigs be sold, given or pass away, they cannot be
Replacement of animals
replaced.
Condition 5
Applicant must provide a history (age, color, etc.) of pigs.
Health/Health
Condition 6
Other Regulations
The County’s Animal Control office indicates the following:
A license is not required for the keeping of a pig.
No shots or vaccinations are required for the keeping of pigs as livestock or pets within the
County. This includes a rabies vaccination, which has not been verified as an effective vaccine
in pigs.
Recommended that pig owners work with a veterinarian to acquire the necessary shots and
vaccines to maintain a healthy animal.
The applicant has indicated that their pigs are spayed and see a veterinarian two (2) times a year
and is kept updated on recommended shots and vaccinations.
Dogs
The applicant has indicated they are going to seek approval of special exception for a private
kennel through the Board of Zoning Appeals to keep more than three (3) adult dogs; however,
this application has not been filed to date.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
This request will have minimal impact on Fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Manchester Fire Station, Company Number 2
EMS Facility The Manchester Fire Station, Company Number 2
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
UTILITIES
Staff Contact: Matt Rembold (804-751-4439) reimboldm@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Rochet (804-748-1028) rochetr@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
03/13/19 Application submitted
Community Meeting
09/16/2019 Issues Discussed:
Applicant has kept the pigs for 4 ½ years
Where pigs are kept for sleep, recreation, and hygiene
The weight, age, sex, size, and life expectancyof pigs
Other household pets (chickens, dogs, and bird)
Members of the community expressed support for this case because they
enjoyed looking at the pigs; the impact was minimal; there was no odor
or noise
Members of the community expressed opposition for this case because
they worried the presence of pigs would lower property values; there
would be odor, and approval could set a precedent for keeping pigs in
the neighborhood
Planning Commission
11/19/2019Citizen Comments:
Two (2) citizens spoke in opposition to the request noting the pigs may have a
negative impact on residential property values, and that approval may set a
precedent for similar requests.
Commission Discussion:
Mr. Jones noted that a community meeting was held in September where
there was a mix of community support and opposition. He stated that with the
physician’s note, the two pet pigs are also emotional support animals for the
applicant.
Mr. Sloan suggested the time limit be increased from one (1) to three (3) years,
in consideration of the period of time the applicant has owned the pigs without
complaint.
Mr. Jackson noted he was not in support of the increasedtime limit.
Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1.
Motion: Jones Second: Stariha
AYES: Freye, Jones, Sloan and Stariha
NAY: Jackson
The Board of Supervisors on Wednesday, December 11, 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.
An amendment to Condition 2 was recommended by the Planning Commission and agreed to
by the applicant. This amendment is displayed as underlined text.
This conditional use approval shall be granted to and for
1.Non-Transferable Ownership.
Lauren A. Anderson and Janet L. Willis, exclusively, and shall not be transferable nor run with the
land. (P)
three
2. Time Limitation. The Conditional Use shall be granted for a period of one(1)year
(3) years from the date of approval and may be renewed upon satisfactory reapplication and
demonstration that the keeping of two (2) pigs has not proved a detriment to the adjacent
property or the area in general. (P)
3. Location.All pigs shall be kept within the existing dwelling. Whenever the animals are
allowed outside the dwelling, they shall be on a leash or within the fenced area under appropriate
supervision. (P)
4. Sanitation and Maintenance.The fenced area where the pigs are kept shall be cleaned
daily, and waste disposed of in a proper manner. (P)
5. Replacement of Animals. Shall any one (1) of the pigs be given, sold or pass away, it shall
not be replaced. (P)
6. Health.The applicants shall provide a history of each pig such as the age, sex, color, and
size as well as a photo to the Planning Department within thirty (30) days of approval of the
Conditional Use.(P)
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