08SN0118
October 16, 2007 CPC
January 9, 2008 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0118
Johnnie Muncy
Bermuda Magisterial District
13200 Lewis Road
REQUEST:Conditional Use to permit a dwelling unit separated from the principal dwelling unit
in an Agricultural (A) District.
PROPOSED LAND USE:
A second dwelling unit occupied by a family member is proposed within an existing
garage structure that is detached from the principal dwelling unit.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval forthe following reasons:
A.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 have been approved elsewhere in the County with no apparent adverse
impact on the area.
B. Therecommendedconditionsensure that the single family residential character of
the request property is maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF"
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ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC)1.Occupancy of the seconddwelling unit shall be limited to: the
occupants of the principal dwellingunit, individualsrelated to them
by blood, marriage, adoption or guardianship, foster children, guests
and any domestic servants. (P)
(SATFF/CPC)2.For the purpose of providing record notice,prior to the issuance of a
building permit to convert the existing garage structure into a
dwelling unit, a deed restriction shall be recorded setting forth the
limitation in Condition 1 above. The deed book and page number of
such restriction and a copy of the restriction as recorded shall be
submitted to the Planning Department. (P)
GENERAL INFORMATION
Location:
Southwest quadrant of the intersection of Fieldwood and Lewis Roads and is better known
as 13200 Lewis Road.Tax ID 776-645-3571.
Existing Zoning:
A
Size:
1.1 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North – R-15; Single family residential or vacant
South, East andWest - A; Singlefamily residential or vacant
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UTILITIES
Public Water System:
There is an existing thirty (30) inch water line extending along Lewis Road, opposite this
site. In addition to the thirty (30) inch line, a twelve (12) inch line extends along the north
side of Fieldwood Road, opposite this site.The existing home on-siteis connected to the
public water system. Use of public water is required by County Code to serve the proposed
second dwelling. A separate water service is required by County Code (Sec.18-58) to serve
the second dwelling.
Public Wastewater System:
The public wastewater system is not available to serve this site. No plans exist to extend the
public wastewater system intothis area. This site is within the area designated by the
Southern and Western Plan of anticipated R-88 zoning where the use of private septic
systems is permitted.
Individual Wastewater System:
The Health Department must approve any expanded use of theexisting system or any new
system to serve the proposed use.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Libraries, Parks, Fire Stations and Schools
This use will have a minimal impact on these facilities.
Transportation
This use will have a minimal impact on the existing transportation network. The
Thoroughfare Plan identifies Lewis Road as a major arterial with a recommended right-of-
way width of ninety (90) feet. The applicant is unwilling to dedicate forty-five (45) feet of
right-of-way, measured fromthe centerline of Lewis Road, in accordance with thatPlan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use on 1-5 acre lots, suited to R-88 zoning.
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Area Development Trends:
Surrounding properties are zoned agricultural and residential and are occupied by single
family residential dwellings or are vacant.
Site Design and Occupancy:
A detached garage is proposed to be converted into a second dwelling unit which will be
occupied by an immediate family member of the applicant.
Consistent with past actions on similar requests, conditions are typically imposed to ensure
that the “single family” character of the area is maintained by limiting occupancy of the
second dwelling unit such thatthe occupants of both dwellingunits are related to or are
guests or domestic employees for the occupantof the principal dwelling unit. Conditions
also provide notice of such limitation to futureowners of the property. (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 unit 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 (10/16/07):
The applicant accepted the recommendation. There was no opposition present.
On the motion of Mr. Wilson, seconded by Mr. Litton,the Commission recommended
approval subject to theconditions on page 2.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take under
consideration this request.
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