02SN0118-Nov28.pdfc~,~,,-,~,,~,- ~ ~ '~nn~ CPC
November 28, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0118
Robert B. and Doreen M. Cadigan
Matoaca Magisterial District
North line of Winterpock Road
REQUEST: Conditional Use to permit a two (2) family dwelling in an Agricultural (A) District.
PROPOSED LAND USE:
A second dwelling unit within a dwelling unit which is currently under construction
is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The Planning Commission and Board of Supervisors have typically acted favorably
on similar requests where occupancy of the second dwelling has been limited to
guests, domestic servants or family members of the occupants of the principal
dwelling.
B. The recommended conditions ensure that the single family residential character of the
area is maintained.
Providing a FIRST CHOICE Community Choice Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLEY 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 purposes of providing record notice, prior to release of an
occupancy permit for a second dwelling unit:
mo
An instrument titled "notice of zoning restriction" shall be
recorded with the property owner indexed as "grantor" and
setting forth the limitations of Condition 1; and
bo
The deed book and page number of such notice and a copy of
the notice as recorded shall be submitted to the Planning
Department. (P)
GENERAL INFORMATION
Loc~ion:
North line of Winterpock Road, East line of Coalboro Road and north of Clover Hill Road.
Tax ID 714-652-8334 (Sheet 23).
Existing Zoning:
A with Landmark Designation (Clover Hill)
Size:
55.0 acres
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Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - A and A with Landmark Designation; Single family
residential or vacant
UTILITIES
Public Water and Wastewater Systems:
The public system is not available and is not required by County Code for this use.
Private Septic System:
The Health Department has not commented to this request.
ENVIRONMENTAL
Drainage and Erosion:
The property drains south through various watercourses to the Appomattox River. This
request will have a minimal impact on the existing drainage system.
PUBLIC FACILITIES
Fire Service; Schools; Libraries: and Parks and Recreation:
This request wilt have a minimal impact on these facilities.
Transportation:
The Thoroughfare Plan identifies Coalboro and Winterpock Roads as major arterials with
recommended right of way widths of ninety (90) feet. The applicants are unwilling to
dedicate forty-five (45) feet of right of way, measured from the centerlines of Coalboro and
Winterpock Roads, in accordance with that Plan.
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for rural conservation use with activities primarily limited to
agricultural and forestal uses with isolated single family residences on lots larger than five
(5) acres in size.
Area Development Trends:
Area development is characterized by single family residences located on acreage parcels,
agricultural uses or large vacant parcels of land.
Zoning History:
On January 27, 1988, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission and the Preservation Committee, approved Landmark Designation of
an approximate 626 acre tract, known as Clover Hill, which included the subject property.
The "Clover Hill" structure's initial construction dates back to the latter part of the
eighteenth century. That structure is located to the west of the structure proposed on the
subject property.
On August 12, 1997, the Preservation Committee approved a Certificate of Appropriateness
to accommodate subdivision of a 560 acre portion of the 626 acre tract to accommodate
residential development, to include the subject property. Conditions were imposed to require
the recordation of deed restrictions for each affected parcel. The "Clover Hill" structure tract
was granted a separate Certificate of Appropriateness.
Site Design and Occupancy:
A single family dwelling is currently under construction. It is the intent to convert a portion
of this dwelling into a second dwelling unit. The second dwelling unit is proposed to be
occupied by one of the applicant's parents.
Consistent with past actions on similar requests and to ensure that the "single family"
character of the case is maintained, the recommended conditions would limit occupancy of
the second dwelling unit 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. Conditions would also require recordation of an instrument to ensure that future
owners are aware of occupancy limitations. (Conditions 1 and 2)
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CONCLUSIONS
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requests where occupancy of the second dwelling has been limited to guests, family members of the
occupants of the principal dwelling or domestic servants. The recommended conditions ensure that
the single family residential character of the area is maintained.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/16/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval
of this request subject to the conditions on page 2.
AYES: Unanimous
The Board of Supervisors, on Wednesday, November 28, 2001, beginning at 7:00 p.m., will take
under consideration of this request.
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