Westmoreland County, Virginia Building Official

Zoning Official
LAND USE ADMINISTRATION Planning Commission
Board of Zoning Appeals
Board of Building Appeals
Wetlands Board

P.O. Box 1000 Montross, VA 22520 (804) 493-0120

Planning Commission
Staff Report
Date: July 18, 2017
From: Beth McDowell, Planner
Case #: #1708-CBAE-04
Site Address: 1030 Shore Drive
Site Location: Westmoreland Shores subdivision
Magisterial District: Washington Magisterial District
Site Tax Map: 6B-3-A-5
Owner/Applicant: Leanne Martin
Site Property Size: 37,660 square feet (0.8645 acres) (2/3 of lot area is wetlands)
Site Zoning District: R-2 Limited Uses Residential
Utilities: public sewer & community water
Authority: 3-1.15 Exceptions to the Chesapeake Bay Act
Project Description: Construction of patio and walkway made of pavers within the
100-foot Resource Protection Area (RPA)
Work Session: Monday, July 24, 2017 (3:00 p.m., George English Building)
Planning Commission: Monday, August 7, 2017 (1:30 p.m., George English Building)
Board of Supervisors: Chesapeake Bay Act exception determinations by the Planning
Commission are final. Appeals of the Commissions decision
should be submitted to the Board of Zoning Appeals (BZA).

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FINDING OF FACTS

Project Description:

The applicant has an existing house on a lot that abuts Monroe Bay in Westmoreland Shores. There is
a deep wetlands area of roughly 340 feet between the solid land and the open water, which is crossed
by an existing pier.

The applicant would like to construct a partial wrap-around paver patio of 12 feet in width, as well as a
five foot wide paver walkway to the pier. The patio will be more than 50 feet from the edge of the
wetlands, but the walkway will be 18 feet at its closest point as it extends to the beginning of the pier.
The total amount of added impervious paver area is 896 square feet (712 SF for the patio and 184 SF
for the walkway).

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Issue:

Patios are accessory structures, and new accessory structures cannot be approved administratively
within the 100-foot Resource Protection Area (RPA) surrounding water and wetlands. Walkways
(access paths) to the water are permitted, but not when they are constructed of hardened surfaces other
than wood. Therefore, a Chesapeake Bay Act Exception is required for approval of this project.

Water/Sanitary System:

This existing house is served by County sewer and community water.

Buffer Mitigation:

There are two existing infiltration trenches that were required when the house was permitted in 2012.
The first trench runs along the driveway and collects the driveway runoff. The second trench treats the
runoff from the majority of the northern half of the house.

The site plan for this project shows the runoff from the southern part of the water-side of the house
being piped to a third infiltration trench. In addition, four tree-units of vegetation are proposed to be
planted between the proposed patio and the wetlands. The landscape plan in the site plan specifies the
planting of forty shrubs. The plan also states that the applicant has already planted 2 understory trees,
although the location is not identified. In order to be counted toward the required landscape plan, those
trees must be located within the 100-foot RPA.

In addition, the site plan states that an unpermitted shed and pavers within the 50-foot RPA shall be
removed as a part of this project.

RECOMMENDATION

We believe that this application has merit, although with some reservations. The patio area is 712
square feet, which is fairly sizeable and could be reasonably reduced. Also, the contours indicate that
the runoff from the part of the patio that wraps around the house will flow towards the adjacent
unimproved lot to the north. Allocating several of the shrubs in that area may be beneficial.

Should the Commission consider approval of the request, staff recommendations are as follows:

1. The proposed development shall conform to the Site Plan designed by Allison Baird & Sehl and
dated June 12, 2017.

2. Any changes made to the approved site plan or construction on site or failure to abide by these
requirements or conditions will result in the immediate revocation of this approval.

3. This Exception to the Chesapeake Bay Act shall be granted approved for 365 days from the date
of the Commissions determination. The owner is required to obtain all applicable permits
within this time period. Should the owner fail to obtain these permits, this Chesapeake Bay Act
Exception shall be declared null and void.

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 4. The site development shall be completed within two (2) years from the date of which the permit
shall be issued.

5. No additional development will be permitted on the property except in compliance with the
Zoning Ordinance.

6. The owner or his agent shall furnish to the Westmoreland County Land Use Administration
certification by the Clerk of the Circuit Court of the Deed Book number and page number upon
which the Chesapeake Bay Act Exception and all conditions have been recorded. The Deed
Book number and page number must be placed on all copies of the CBAE approval prior to
giving validation to the Building Official for issuance of a building permit.

7. The CBAE shall become effective one day after the Westmoreland County Land Use office
receives notification of recordation.

Attachments:
Application
Tax Map 6B
Aerial photo of lot and surrounding area
Site Plan (designed by Allison Baird & Sehl and dated June 12, 2017)

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