91SN0268
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ee~o~er-~5i-i99i-epe
Bee~ber-l~~-i991-epe
dannary-~l;-~99~-BS
March 25, 1992 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0268
(Amended)
Alex J. and Carol M. Bilter
Midlothian Magisterial District
North'ern terminus of Belleau Drive.
REQUEST ~ (Amended) Conditional Use to permit. either a dwelling separated.. from
the principal dwelling unit or a two ( 2) family dwelling in a
Residential. (R-15) District4
PROPOSED LAND USR:
The request property is currently occupied. by a single family
dwelling. The applicant wishes to construct a. second-. dwelling- on. the
proper.ty to be. used by immediate family members. or guests..
PLANNING COMMISSI.ON RECOMMENDATION
RECOMMEND APPROVAL OF A. CONDITIONAL USE. TO PERMIT A DWELLING SEPARATED- FROM THE.
PRINCIPAL. DWELLING UNIT. SUBJECT TO THE. CONDInONS ON PAGE. 2.
STAFF RECQMMromA. rrT ON
Recommend approval. for the following reasons:
A. The reques.ted land use contOnDS. to the Northern. Area. Land. Use and-
Trans-partatian, Plan.,. which. des; e:n::tt"e.s the property for mPn;\m\ density
residentia~ use.
B. Typically, the Planning Commission and Board. of. Supervisors have acted.
favarab~y on similar :requests where occ.upanc..y of the second dwe-11 ing
has been limited to gnests or fami.ly members of the occupants or the
principal. dwelling.
C40 The recommended conditions ensure continued compatibility witht and,
limited impact on, the surrounding area.
(NOTE: THE CONDITIONS NOTED WIm IISTAFF/CPC" WERE. AGREED UPON BY BOTH STAFF AND
THE COMMISSION. CONDITIONS WITH ONLY A "STAFpu ARE RECOJ-iMRNTIlm SOLELY BY STAFE.
CONDITIONS WITH ONLY A "CPCn ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY
PROFFER CONDITIONS.)\
CONDITIONS
(STAFF/CPC)
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 dwelling. (p)
(epe)
4~
The second dwelling shall be located as depicted on the
revised plan submitted on December 6, 1991. (epe)
GENERAL INFCffiMATION
Locatio.n:
Northern. terminus. of Bel1 P;11' Drive, at its intersection with Beau.de.t Lane..
Tax Map 10-15 (6) Bonaventure, Section .1" Bl.ock. A., Lot 1 (Sheet 3).
Existing ZoninR:
R-15
Size: .
1.8 acres
ExistiD~ Land Use:
Single family residen.tial
Adjacent Zo~ & Land Usa:
North, South, East and. West - R-15; Single family residential or vacant
PUBLIC FACILITIES
Utilities:.
The public water and wastewater systems are available and their' use is
requir.ed by Ordinance for the second dwelling...
Drainage and.. Eros.ion; Fire Service; Schools.; and Transportation:
The proposed use will have little or no impact on these facilities~
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91SN0268/PC/MAR.25H.
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Fiscal Impacts;
The proposed use will not have an. impact on capit~ facilities; therefore,
caSh proffers are not warranted.
LAND USE-
General. Plan:
This request lies within the. boundaries of the Northen1 Area Land. Use and
Transportation Plan, which designates the.. site. and surrOmIding a.rea~ fOl:
medium density resident.i.al development of 1.51 to 4.. 00 units} acre.
Area Development Trends:
The surrounding area is currently zoned Residential. (R-1S)
characterize~ 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 applicants.
plan. to construct, either a. second dwelling separated. from. the. principal
dwelling or. a t'Wo family dwpl1 ;ng.. The applicants. have. inn; ~;l1-p.f'l that.. they
prefer to construct a separate second dwelling.
Condition 1, as recommp'nded.. by' staff,. would permit the second dw~11 ing with
the provision that.. occupancy be limited. to gue.s.ts: or family members. of the
occupants of the principal. dwelling~ Further, Condition 2 requi..res- the
recordation of a. deed. res1:J:iction which. wiJl provide.. notice. to any future.
owne.t:s. that 1:b.e dwpll ;ng units. cannot be. used for any purpose. athe1:: than as.
permitted by the Conditional Use or the zoning district in which the
property is located.
ConclUsions:
The reque~ted. land use canfoDIIS to the Nort.he.rn Area. Land Use. and
Transpot:tatian Plan. Additinn.:ll1 y,. the pl :1nn; n e Crrrnm; c;:<:; an and. Board.. of
Supervisors have typically' acted favorab~y. on si mi-l ~,- requests.. The
recommended conditions ensure continued compatibility- with, and limi.ted.
impact. on., the sw:rounding. area (Conditions. 1, 2 and 3.). Therefore,
approval. af this request is recnmm~nnpd_
CASE HISTORY
Planning Commission Meeting (10}15/91):
The Planning Commission ueferred this casa ior S~LY (60) days to allow the
applicants to meet with Pl .:lnn ; ng staff and adj acent property owners to
discuss relocating the proposed structureJ as shown on the attached plan
dated 8/19/914j
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91SN0268/PC/MAR2SH
Staff (10/16/91):
The applicants were advised in writing that significant new or revised
informa.tion should be submitted no later than November 18, 1991, for
consideration at the Commission's December 17, 1991, public b.ea1:ing.
Applicants, S.taff and Midlothian District Commiss'ioners (11/7 }91):
A meeting was held on-site to discu.s.s relocating the proposed structure.
SeveI:al alternatives were discuss.ed that would move the struc.ture furt:he.J:
away from adj acent property to the west and c~oser to the existing' s.ingle
family residence. Staf.f informed. the app~icants that they would assist.
them in preparing a. revised plan..
Staf,f (11/13/91):
An amended plan. was sent to the appli~ts, along with suggestions on
several possible locations for the proposed strncture.. 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 applic.ants, 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. submi.tted. the. attached., revised. plan. dated. 1.2/6/91 which
moves the proposed. second dwelling further away from the adj ac.ent property
to the wes.t. This revised. plan was submitted. as a resu.l.t of a meeting'. with
the applicants, the Midlothian. District Pl ~nnine, Commissioner, Planning.
staff and the adjacent property owner, cancprn;ne 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 dat~d. 12/6/91, Condition 4, as recommended. by the Pl ;mni'ng Cnmm;" ~~;'an.~
should be. imposed.
Planning Commiss ion Mee t.ing (12/17 / 91.) :
The applicants accepted the recommpnn~rion~ There was opposition present.
Concern was expressed relative to the proposed location of tbe 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
s;m;l~r uses had been approved. in other subdivisions~
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91SN0268/PC/MAR25H
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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 Conmission'
reco:mmended appt:oval of a. Conditional US.e to. pe1:1Di..t a second- dwelling unit
separated from the. principal dwelling unit~ subj ec.t to Conditions. 1 th1:augh.
4 on page~ 2 which required. location of the second dwelling as. shown on the
plan dated 12/6/91.
AYES. :. Messrs... p~,.. k; n!;; and. Bp 1 ,... n p.or,. and. Mrs.. Bo is ; n P.~lT -
NAYS: Messrs. Warren and Miller.
Board of Supervisors' Meeting (lj22!92):
On motion of Mr. BaJ:ber ~ seconded by Mr. Warren, the Board deferred this
request. for sixty (60) days to al~aw the applicants, sta.ff. and area
property owners to meet and discus.s. relocation of the. proposed. second.
dwelling.
AYES : Unanimous .
Staff (1/23/92):
The applicants were advised in. writing. that any new information should be
submi.tted no later than 2/25/92.
Applicants (1/30/92):
Plan 3,. dated January. 30 t 1992,. was submitted.. This plan depicts the
second dwelling unit attached.. to. the side of. the, existing d:wP--ll ing unit.
Staff noted that this plan would necessitate an ;:rmpn~t to the
application to seek. a Condir;nn~l Use for a two family dwp:lling..
Applicants (213/92):
Plan 4, dated February 3, 1992, was submitted.. This plan relocate.s. the
second dwelling unit further away from the adjacent property to the west.
The applicants indicated that Plan 4 depicted their preferred location for
the second dwelling...
Staff (2/1.0/92):
Staff forwarded Plans 3 and 4 to the c:idjacent property owner to the west.
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91SN0268/PC/MAR25H
Adjacent .Property~Owner to the ~est (2/27/92):
The adj acent property owner to the west indicated that area residents were
not in a position to support any of the plans submitted. to date.. The
adjacent property owner indicated that the neighborhood desired to have the
second dwelling unit or any addition to the existing dwp 11 ; ng unit to
accommodate, a sec.ond dwelling located behind. the existing dwelling uniJ:....
Applicants (3/4/92):
The applicat.ian was amended to seek a Conditional Use far either a second
dwelling nnit or a two family dlJelling.
Staff (3/9/92):
Should the Board wish to approve either Plan 3 or 4, Condition 4 as
recommended by the Planning Commission should be amended.. to reflect. either
the plan dated 1/30/92 for the two family dwelling or the plan dated 2/3192
for the second dwelling \IDi.t separated from the. pri.ncipal d~pll1ng.. unit..
Should the Board wish to require. locati.on of the second dwelling elsewhere.,
the Board may impose a condition requiring such location.
The Board of Supervisors on Wednesday, March' 25, 1992, beginning at 7:00 p.m.,
will take under consideration this request~
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91SN0268/PC/MAR25H
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