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Location, Zoning and
Current Land Use:
The property is located west
of Bristersburg Road (Route 616) in Calverton, VA and is
zoned Rural Agricultural (RA). A map of the parcel is shown
below.
Surrounding Zoning and
Current Land Use:
The parcel is surrounded by
properties zoned RA. Current uses are consistent with the
definition that states that the district generally contains
those areas where agriculture and forestry are the
predominant uses.
Comprehensive Plan/Land Use:
The Comprehensive Plan land
use for this area is Rural Agricultural. This proposal does
not contain anything contrary to that use.
Site History:
The home was constructed by
the applicant’s father in 1969. (Staff notes that the
original septic system permit was also a discharge system.)
This home is the applicant’s childhood home. He inherited
the property in 2002. Since that time he has been saving
funds for the purchase of the upgraded sewage treatment
system (the cost is much higher than a standard drainfield
and can cost $50,000+) and home improvements. In addition
he has spent time researching septic systems and permit
requirements. In early 2007, the applicant hired an
engineer to perform the soil testing at the site and design
the sewage disposal system. It became apparent, after VDH
permit denial for an alternative system, that the only
solution available to remediate the original system was a
discharge system. Both the applicant and his engineer have
been actively working to obtain the appropriate state and
local permit approvals.
Special Exception Analysis:
The applicant has met the
requirements set forth in Section 5-2000, Category 20 Public
Utilities and submitted the appropriate application
materials for the Special Exception. The Zoning Ordinance
states that a Special Exception for a
private individual sewage
treatment system which discharges into an open ditch or
water shall be allowed only to replace an existing sewage
system which is presently serving an existing use. The
applicant has requested the discharge system to serve an
existing single family residence with a failing septic
system. That existing sewage system must have failed and
have been certified by the Virginia Department of Health to
pose a real or potential health threat and a discharging
sewage treatment system is the only alternative for the
repair. VDH provided written documentation to the applicant
in July 2007 that the discharge permit was their only
option. (See Attachment 1). With any permit denial, there
is always an option to appeal the VDH decision. However,
due to the poor soil conditions at the site, that was not
pursued. In approving such a system the Board may establish
conditions including but not limited to use, maintenance,
and testing. Staff has prepared Special Exception
conditions for consideration.
Site
Suitability/Environment:
The site contains poor
conditions for septic development. According to VDH the
soils did not comply with state regulations, in that there
were areas of the proposed site that did not have the
required minimum 12” between the natural ground surface and
soil restriction, and whose percolation rates were estimated
by VDH to exceed 120 mpi. Thus, there is no existing
approved system that could serve the property and discharge
is the only option.
Staff and Review Agency
Comments:
Staff and review agency
comments are included in Attachment 3.
Summary and Recommendation:
The applicant is requesting
a Category 20 Special Exception to remediate a failing
septic system for an existing single family dwelling unit.
The applicant appeals to the Board of Supervisors to
consider this request so that he may move back into his
childhood home in Calverton.
The applicant must obtain
VDH permit approval and obtain the appropriate easement
language for that permit. This does not mean the Special
Exception must be delayed. A condition requiring the
applicant to meet all other local, state and federal
approvals has been included. Should the Board of
Supervisors consider a recommendation of approval, Special
Exception conditions have been prepared and are included in
the attached resolution.
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