02SN0126-Nov28.pdf(~0,~.~ ~ onn~ CPC
November 28, 2001 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0126
Robert I. Polk, Jr.
and Cynthia G. Polk
Bermuda Magisterial District
North line of Enon Church Road
REQUEST: Conditional Use to permit a dwelling unit separated from the principal dwelling unit
in an Agricultural (A) District.
PROPOSED LAND USE:
In conjunction with construction of a principal dwelling unit, a second dwelling unit
separated from the principal dwelling unit is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITION 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 unit has been limited to
guests, domestic servants or family members of the occupants of the principal
dwelling.
Providing a FIRST CHOICE Community Through Excellence in Public Service
Bo
The recommended conditions ensm~e that the single family residential character of the
request property is maintained.
(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 dwelling unit separated from the principal 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 a
building permit:
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
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)
PROFFERED CONDITION
(STAFF/CPC)
The proposed detached second dwelling unit will be constructed no further
than twenty-five (25) feet from the principal residence to be located on the
request site. (U)
GENERAL INFORMATION
Location:
North line of Enon Church Road, at Riverview Drive. Tax ID 817-643-6695 (Sheet 35).
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Existing Zoning:
A
Size:
10.2 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-12; Vacant
South - A and R-15; Single family residential or vacant
East and West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along Enon Church Road, adjacent
to the site. Use of the public water system is required by County Code. It is the intent to
connect both the principal dwelling unit and the second dwelling unit to the public water
system. Section 18-58 of the County Code requires that a separate water meter and service
line be installed for each dwelling. This provision has been interpreted so as to allow a
single water service connection for both of these dwelling units, provided the second
dwelling is located so as not to promote a future division of the property into separate lots.
The Proffered Condition requires that the dwelling units be constructed no further than
twenty-five (25) feet apart, precluding division of the parcel without relief to building
setbacks from the established property lines as currently required by the Zoning Ordinance.
Through the consideration of such relief, the County could require separate water service
connections.
Public Wastewater System:
The public wastewater system is not available to serve the request site.
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Private Septic System:
The Health Department has not commented on this request.
ENVIRONMENTAL
Drainage and Erosion:
The property drains via tributaries to the Appomattox River. This request will have a
minimal impact on drainage and erosion.
PUBLIC FACILITIES
Fire Service; Schools; Libraries; and Parks and Recreation:
This use will have a minimal impact on these facilities.
Transportation:
The Thoroughfare Plan identifies Enon Church 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 Enon Church Road, in accordance
with that Plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Amendment which suggests the property is
appropriate for residential use of up to 1.5 dwelling units per acre.
Area Development Trends:
Area development is characterized by single family residences on acreage parcels or
residential subdivision development (River's Crest Subdivision). It is anticipated that
residential development will continue in this immediate area, consistent with the Plan.
Site Design and Occupancy:
The applicants have indicated an intent to construct their residence on the subject property.
They desire to also construct an additional dwelling unit, detached from the principal
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dwelling unit, for occupancy by one of the applicant's parents. The second dwelling unit, for
the purposes of determining setbacks, will be considered an accessory structure. As such, the
second dwelling unit would be required to meet, at a minimum, accessory structure setbacks.
Consistent with past actions on similar requests and to ensure that the "single family"
character of the area 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)
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, domestic servants or
family members of the occupants of the principal dwelling. 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. Cunningham, seconded by Mr. Marsh, the Commission recommended
approval of this request subject to the conditions and acceptance of the proffered condition
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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