Print Back to Calendar Return
CL- 2036 New Business   Item #:   C.    
City Council Regular Meeting
Meeting Date: 12/04/2018  
Subject:    Request for a Special Use Permit to Operate an Auction Establishment at 2179 South Boston Road
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/04/2018
SUMMARY
A request has been filed by River City Auction Co., on behalf of Sellers Brothers Inc., requesting a Special Use Permit to operate an auction establishment in accordance with Article 3.M, Section C, Item 1 of the Code of the City of Danville, Virginia, 1986, as amended at 2179 South Boston Road, otherwise known as Grid 4719, Block 005, Parcel 000003 of the City of Danville, Virginia Zoning District Map.  The applicant is proposing to operate an auction house.
 
BACKGROUND
An application has been filed by River City Auction Co., on behalf of Sellers Brothers Inc., requesting a special use permit to operate an auction establishment in accordance with Article 3.M, Section C, Item 1 of the Code of the City of Danville, Virginia, 1986, as amended at 2179 South Boston Road, otherwise known as Grid 4719, Block 005, Parcel 000003 of the City of Danville, Virginia Zoning District Map.
 
The applicant is proposing to operate an auction establishment on commercial property within the city limits.  Such an auction establishment is not permitted by-right in any zoning district. The use is only permitted by special use permit within the HR-C, Highway Retail Commercial District in which this property is located.
 
Currently, the property does not contain sufficient paved parking for an auction establishment or similar commercial use. Past commercial uses were permitted because the property’s lack of paved parking was considered legal nonconforming. According to Article 8, Section E of the Zoning Ordinance, an auction establishment requires more paved parking than the previous use as an office and display space for an accessory buildings business. As an increase in the intensity of use, the property will need to be brought into compliance regarding the parking requirements. The space is currently available around the property.
 
This request was originally considered by the City Planning Commission on October 8, 2018.  At that time, the Commission voted to table the request. The decision was to allow the consideration of a zoning code amendment to address parking requirements. A report on such an amendment has been provided with this report for consideration by the Commission on November 12, 2018.
 
The code amendment mentioned would permit a reduction of the parking space requirements. If not, the property would continue to be considered legal nonconforming. Conformance with the Zoning Ordinance is generally sought from nonconforming uses, as specified in Article 7 of the Zoning Ordinance which seeks to limit the continuation of nonconforming uses, structures, and lots.

At their meeting of  November 12, 2018, the Planning Commission voted 4-2 (Commissioner Bolton absent) to recommend approval of the request subject to the following conditions:
  • The hours of operation are to be limited between 8:00 a.m. and 10:00 p.m. Sunday through Friday, and 8:00 a.m. and 11:00 p.m. on Saturday. 
RECOMMENDATION
It is recommended that City Council grant a Special Use Permit to operate an auction establishment in accordance with Article 3.M, Section C, Item 1 of the Code of the City of Danville, Virginia, 1986, as amended at 2179 South Boston Road, otherwise known as Grid 4719, Block 005, Parcel 000003 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
  • The hours of operation are to be limited between 8:00 a.m. and 10:00 p.m. Sunday through Friday and 8:00 a.m. and 11:00 p.m. on Saturday. 

Attachments
Ordinance
Planning Backup

AgendaQuick©2005 - 2018 Destiny Software Inc., All Rights Reserved