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98SN0202.PDFMay 27, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0202 James D. DeLong and Phyllis S. DeLong Matoaca Magisterial District 18701 Church Road REQUEST: Conditional Use to permit a two-family dwelling in an Agricultural (A) District. PROPOSED LAND USE: The applicants plan to construct an addition to the existing dwelling unit to accommodate a second dwelling for use by a family member. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: Ao 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 or family members of the occupants of the principal dwelling. Bo The recommended conditions ensure that the single family residential character of the request property is maintained. Co The proposal conforms to the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. (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 SOI,ELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) (STAFF/CPC) (STAFF/CPC) 2. 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) Prior to the release of a building permit, 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 Fronts the east line of Church Road, south of Hickory Road and is known as 18701 Church Road. GPIN 774-620-5691 (Sheet 48). A 5iz. : 1.0 acre Existing Land Use: Single-family residential Adjacent Zoning & Land Use: North, South, East and West- A; Single family residential or vacant Public Water System: There is an existing thirty (30) inch water line along Church Road, adjacent to the request site. The existing structure on the request site is connected to the public water system. Use of the public water system is required by County Code. 2 98SN0202/MAY27S Public Wastewater System: The public wastewater system is not available to serve the request site. Use of the public wastewater system is not required by County Code since this is a residence located on a lot exempt from the Subdivision Ordinance. Private Septic System- The Health Deparanent must approve the use of any new septic systems or expanded usage of any existing septic system. ENVIRONMENTAL Drainage and Erosion: This use will have no impact on these facilities. PUBLIC FACILITIES The need for fin'e, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the FY1998-2002 Capital Improvement Program. This development will have a minimal impact on these facilities. Fire Service: This property is currently served by the Matoaca Fire/Rescue Station, Company Number 8 and Ettrick-Matoaca Rescue Squad. Considering the nature of this request, it will generate a negligible increase in the number of emergency calls for fire and rescue services per year. Schools: Libraries: Parks and Recreation; Tr.amportation: and Financial Impact on Capital Facilities: Subject to the recommended limitation restricting use of the second dwelling to family, guests and servants, this request is expected to have minimal additional impact o~t these facilities. 3 98SN0202/MAY27S LAND USE Comprehensive Plan: Lies within the boundaries of the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 dwelling units per acre. Area Development Trends: This portion of Church Road, in the vicinity of the Hickory Road intersection, is characterized by single family residential uses and by vacant properties. The Plan anticipates that this area will continue to develop for single-family residential uses. As noted herein, the request property is currently occupied by a single-family dwelling. The applicants plan to construct an addition to the existing dwelling to provide a second dwelling unit for use by a family member. The recommended conditions would ensure that the second dwelling unit be occupied by family members, servants or guests in accordance with previous approvals of similar requests. (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 or family members of the occupants of the principal dwelling. The recommended conditions ensure that the single family residential character of the request property is maintained. In addition, the proposal conforms to the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. Given these considerations, approval of ~ request is recommended. CASE HISTORY Planning Commission Meeting (4/21/98): The applicants accepted the recommendation. There was no opposition present. 4 98SN0202/MAY27S - 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, May 27, 1998, beginning at 7:00 p.m., will take under consideration this request. 5 98SN0202/MAY27S 98SN0202 C.U. SH. 48 / /- GRAVEL DRIVE $ '80' 05' ~7'E 290.40' 0 > ~ 0 0'DED 158.02' 158.~5' 290.4O' N ALL qBS,NOZOZ- I 98SN0202 In Matoaca Magisterial District, JAMES D. DELONG AND PHYLLIS S. DELONG requested Conditional Use and amendment of zoning district map to permit a two-family dwelling in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies on 1.0 acre known as 18701 Church Road. GPIN 774-620-5691 (Sheet 48) . Mr. Jacobson presented a summary of Case 98SN0202 and stated that the Planning Commission and staff recommend approval, subject to the conditions. Ms. Phyllis S. Delong stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 98SN0202, subject to the following conditions: 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) Ayes: Nays: Prior to the release of a building permit, 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) Humphrey, Warren, Barber, Daniel, and McHale. None. 5/27/98 98-363