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Home My WebLink AboutSDP201100025 Legacy Document 2012-06-28 (5)J r12Ullst�' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP2011 -25 Sorensen Staff: Gerald Gatobu, Principal Planner Building Site Waiver Planning Commission Public Hearing: Board of Supervisors Hearing: June 21, 2011 Not applicable Owners: Sorensen Richard T. or Leni Applicant: Leni Sorensen Ashmore Acreage: 5.04 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 14 Parcel 40B By -right use: RA, Rural Areas, and Flood Hazard Location: 4692 Browns Gap Turnpike at the Overlay intersection of Brown Gap Turnpike [State Route 810] and Blackberry Hill Farm (Private) Magisterial District: Whitehall Proffers /Conditions: N/A Requested # of Dwelling Lots: N/A DA — RA — X Proposal: Building site waiver request per Comp. Plan Designation: Section 18- 4.2.5. This will allow a second dwelling on a building site with less than Rural Area in Rural Areas 1 30,000 square feet. Character of Property: A combination of Use of Surrounding Properties: Rural Residential wooded and cleared areas; with a single homes with wooded areas. family home. Factors Unfavorable: 1. Parcel is in the Doyles River water supply watershed. Factors Favorable: 2. There is an existing dwelling on the property. Denying the waiver will not unreasonably 1. None restrict use of the property. 3. Allows a second house for a family member to be located on the same lot. RECOMMENDATION: Staff finds that the unfavorable factors outweigh the favorable factors; Staff recommends DENIAL of the building site waiver. STAFF PERSON: PLANNING COMMISSION: AGENDA TITLE: APPLICANT: PROPERTY OWNER(S): Gerald Gatobu, Principal Planner June 21, 2011 SDP 2011 -25 Sorensen Building Site Waiver Leni Sorensen Sorensen Richard T. or Leni Ashmore APPLICANT'S PROPOSAL: Waiver of Sec. 18- 4.2.2.a.1 to allow a second dwelling on a building site with less than 30,000 square feet that does not meet the five (5) to one (1) ratio of dimensions as described by a rectangle inscribed within the building site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 1. REASON FOR PLANNING COMMISSION REVIEW: 4.2.2 BUILDING SITE AREA AND DIMENSIONS Each building site shall be subject to the following minimum area and dimension requirements: a. Uses not served by a public or central sewerage system. Building sites for uses not served by a public or central sewerage system shall be subject to the following: (Amended 11- 15 -89) 1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand (30, 000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. The building site shall have adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health pursuant to section 4.1 of this chapter. Sec. 18- 4.2.2.a.1 requires each building site for a dwelling unit to have an area of thirty thousand (30,000) square feet or greater. Among other features, the building site may not include areas with critical slopes or area within a stream buffer. The area should be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. Additionally, the building site must have adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health. The Sorensen's currently have a single family home on their 5.04 -acre property. The applicants would like to build a second home for their son and his family on the property [Attachment A]. The subject property has two development rights, but does not have a second building site with an area of thirty thousand (30,000) square feet or greater nor the rectangular five (5) to one (1) dimensions required by section 18- 4.2.2.a.1. According to information available from the applicant's surveyor (Attachment B), the property has buildable area of 5 1,5 81 square feet. 60,000 square feet is required for two dwellings. The commission may modify or waive any requirement of section 4.2.1, 4.2.2, 4.2.3 or 4.2.4. The applicant has requested a waiver of section 4.2.2.a.1. PLANNING AND ZONING HISTORY: None Planning Commission Findings: Section 4.2.5(a)(3): The commission may grant a modification or waiver if it finds that the modification or waiver would not be detrimental to the public health, safety, or welfare, to the orderly development of the area, or to adjacent properties; would not be contrary to sound engineering practices; and at least one of the following: A. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; Strict application of the requirements of section 4.2 requires a 30,000 square foot building site with an area of thirty thousand (30,000) square feet or greater. The area should be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. Additionally, the building site must have adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health. Strict application of the requirements of this section would forward the purposes of this chapter and serve the public health, safety or welfare. Staff is unable to identify any purpose of this chapter that would be forwarded by granting the waiver. B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; There are no proposed alternatives that would satisfy the intent and purposes of section 4.2 to at least an equivalent degree. C. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or The applicant will not be disturbing any critical slopes. There is an existing dwelling on the property. Denying the waiver will not effectively or unreasonably restrict the use of the property, or result in significant degradation of the property or adjacent properties. D. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. This property is located within the County's Rural Area zoning. The Comprehensive Plan land use recommendation is Rural Areas in Rural Area 1. The Comprehensive Plan states that the limited amount of residential development permitted in the rural area should have minimal impacts on rural area resources. This property is in the Doyles River watershed, a water supply protection area. Granting the waiver, thus enabling a second single - family dwelling on the Sorensen's property, would not serve a public purpose of greater import. SUMMARY AND RECOMMENDATION: The applicant's request is to decrease the required building site from 60,000 square feet for two dwellings to 51,581 square feet. The applicant is not proposing to disturb critical slopes or to intrude into the stream buffer (the stream buffer is protected by the Water Protection Ordinance, which is not subject to modification or waiver). If this waiver is approved, staff will insure that adequate drainfields are available for both dwellings prior to issuing a building permit or approving a subdivision plat. Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. None. Unfavorable factors: 1. Parcel is in the Doyles River water supply watershed. 2. There is an existing dwelling on the property. Denying the waiver will not unreasonably restrict use of the property. 3. Allows a second single family home to be located on the same lot. RECOMMENDATION: Staffs opinion is that the unfavorable factors outweigh the favorable factors; therefore, staff recommends denial of this waiver. Development rights in the Rural Areas are theoretical and may only be used if all other provisions of the ordinance are met. If this request is approved staff will be unable to make a distinction between this request and any other request for a waiver to allow use of development rights. Should the Commission choose to approve this request staff request that the Commission clearly articulate its reasoning for the approval. This will provide guidance to the staff and the public for any future requests for a waiver. ATTACHMENTS: A. Request for Wavier (gpnlicant's justification) B. Vicinity mgU C. Pictures provided b,, t�pplicant. D. Elevation Certificate 4