Getting into the weeds

 

After careful stewardship of tax dollars, the most crucial task of our governing board is land use. Zoning laws give the supervisors the power to dictate what people can do with their land. This often puts rights of property owners at odds with the public good.

People want to tell others how they can use their land but want to do as they please with their own property. Ideally, an acceptable balance between the two can be found. Ideally is a rarity.

At their September 5 meeting, Goochland supervisors dealt with an assortment of zoning matters.

A rezoning case for a subdivision on Rockford Road was deferred to December.

An application for a conditional use permit for 8.05 acres, not in a subdivision, at 5425 River Road West in District 1 to allow construction of a detached accessory dwelling to house a family member was unanimously approved.

A second CUP application to permit an existing accessary structure—garage—on 3.16 acres at 2486 Log Cabin Road to be used as rental property for someone not related to the property owner was also unanimously approved. The garage, whose 800 square foot second floor was used as office space, would serve as a rental apartment with leases of at least one year. The owners stated that they need the revenue from the rental unit to supplement their retirement income so they can remain in their longtime home. Due to drain field limitations, occupancy of both the principal dwelling and rental unit cannot exceed six people.

Discussion on this case mentioned that zoning enforcement is complaint driven. Goochland has a lean community development staff unable to constantly monitor every property use and relies on citizens to bring suspected violations to its attention. Note: a property owner must obtain a conditional use permit for short-term rentals. This includes a community meeting to inform neighbors about the possible use and public hearings before both the planning commission and supervisors, who have the final say.

An application to rezone a 10-acre parcel at 1600 Beaverdam Road in the Deerfield subdivision, located in a rural enhancement area, from A-1 to R-1 to create an additional four-acre residential lot was unanimously denied by the supervisors.

Staff presentation explained that rezoning was needed to subdivide the lot because all subdivision “cuts” permitted in the master plan were taken when the subdivision was created decades ago. The reason stated on the rezoning application for creation of the second parcel was to create a home for family. Comments during the public hearing contended that the current owner has moved out of state.

Neighbors objected to the division of the roughly rectangular lot, which would have placed a home site behind an existing home on the parcel, which is currently for sale. They also raised concerns that approval of this rezoning would open the door for others to downsize their parcels and lead to a domino effect of smaller lots, changing the rural character of their community. They said that there are parts of Goochland appropriate for higher densities, Beaverdam Creek Road is not one of them.

While every land use case is considered unique under the law, John Lumpkins, District 3, pointed out that land use attorneys regularly reference situations like those they are presenting to justify their request. “If we approve this, it’s just going to chip away at rural living,” Lumpkins said.

Charlie Vaughters, District 4 said that this is an opportunity for the Board to hold up its commitment to put growth in areas designated for that and, on the flip side, to do its part to keep rural areas rural.

Ken Peterson, District 5 observed that the subject parcel is in a subdivision with a master plan giving people certain expectations when they bought property there. He too said that the board cannot both support putting all growth in a designated area and approving all rezonings that “come down the pike” elsewhere.

The supervisors approved a rezoning application 4-1 with Susan Lascolette, District 1 in dissent and a conditional use permit unanimously requested by Hermitage Country Club to expand its driving range by adding a portion of a lot at 3 Quail Run Drive in the Broad Run subdivision to the golf course property.

A recording of the September 5 meeting is available on the county website https://www.goochlandva.us/ under the “watch county meetings” tab.