02SN0124-Nov28.pdfNovember 28, 2001 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0124
Robert D. and Rachel L. Strickland
Midlothian Magisterial District
1101 Coalfield Road
REQUEST: Conditional Use to permit a two (2) family dwelling in an Agricultural (A) District.
PROPOSED LAND USE:
A second dwelling unit within an existing dwelling unit has been constructed.
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 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.
This Conditional Use shall be granted to and for Robert D. or Rachel
L. Strickland exclusively and shall not be transferable nor run with
the land. The second dwelling unit shall only be permitted while
Robert D. and Rachel L. Strickland reside in the principal dwelling
unit. (P)
(STAFF/CPC) 2.
Occupancy of the second dwelling unit shall be limited to the parents
of Robert D. or Rachel L. Strickland and their immediate family
members. (P)
(STAFF/CPC) 3.
For the purposes of providing record notice, within thirty (30) days of
the approval of this request:
An instrument titled "notice of zoning restriction" shall be
recorded with the property owner indexed as "grantor" and
setting forth the limitations of Conditions 1 and 2; and
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
Location:
Northeast line of Coalfield Road and better known as 1101 Coalfield Road. Tax ID 727-700-
2816 (Sheet 5).
Existing Zoning:
A
Size:
2.0 acres
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Existing Land Use:
Two (2) family dwelling
Adjacent Zoning and Land Use:
North and South - R-9 Conditional Use Planned Development; Single family residential or
vacant
East and West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along the southwest line of
Coalfield Road, adjacent to the site. The existing residence is connected to the public water
system. Use of the public water system is intended and required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector serving Hawkins Wood Subdivision,
approximately 260 feet north of this site. While the Utilities Department has recommended
that connection be made to the public wastewater system, the applicant has chosen to use the
existing on-site septic system.
Private Septic System:
The Health Department has not commented on this request.
ENVIRONMENTAL
Drainage and Erosion:
Since the dwelling units are already constructed, there will be no impact on drainage or
erosion.
PUBLIC FACILITIES
Fire Service; Schools; Libraries; and Parks and Recreation:
This use will have minimal impact on these facilities.
02SN0124/WP/NOV280
Transportation:
The Thoroughfare Plan identifies Coalfield Road as a major arterial with recommended right
of way width of ninety (90) feet. The applicants are unwilling to dedicate forty-five (45) feet
of right of way, measured from the centerline of Coalfield Road, in accordance with that
Plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for residential use of 1.01 to 2.5 dwelling units per acre.
Area Development Trends:
Property to the north is zoned R-9 and is developed as part of The Grove subdivision.
Property to the south is zoned R-9 as part of the Charter Colony development and is currently
vacant. Properties to the east and west are zoned Agricultural (A) and are occupied by single
family residences on acreage parcels or remain vacant. It is anticipated that residential
development will continue in this immediate area, consistent with the Plan.
Building Permit History:
In December 1999, the applicants filed for a building permit to construct an addition to their
dwelling. This addition contained facilities that constituted a second dwelling. Upon staff's
request, the applicants modified the building permit application such that the addition no
longer constituted a second dwelling unit. The building permit was released in February
2000 and construction commenced. Through the Certificate of Occupancy process, it was
disclosed that the addition had been constructed as a second dwelling trait. The Occupancy
permit was held by the County pending the applicants' modification to the structure to
remove facilities that constituted a second dwelling unit or the issuance of a Conditional Use
to permit the second dwelling. Subsequently, the applicants filed this request.
Site Design and Occupancy:
As previously noted, a two (2) family dwelling unit has been constructed on the property.
The second dwelling unit is being occupied by one of the applicant's parents.
Similar requests have typically limited 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. Based upon the
wishes of the Midlothian District Commissioner to address area residents' concerns, the
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recommended conditions would further restrict occupancy of the second dwelling to the
parents of the applicant and their immediate family members. The Conditional Use would be
specific to the applicants and would be valid only with the applicants' continued occupancy
of the principal dwelling unit. Conditions would also require recordation of an instrument to
ensure that future owners are aware of occupancy limitations. (Conditions 1, 2 and 3)
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. This proposal, as recommended by the
Commission further restricts occupants of the second dwelling unit. 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):
Mr. Gecker indicated that area residents had expressed concern relative to the potential in the
future for the second dwelling unit to be rented. He therefore suggested the standard
conditions for second dwelling units be modified as outline herein.
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended approval
subject to the conditions.
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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