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CL- 2061 New Business   Item #:   A.    
City Council Regular Meeting
Meeting Date: 02/05/2019  
Subject:    Request for a Special Use Permit to Waive Yard Setback Requirements at 1716 Lanier Avenue
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     02/05/2019
SUMMARY
A request has been filed by Cameron and Gerri Jewell, requesting a Special Use Permit to waive yard requirements for a yard setback waiver in accordance with Article 3.Q, Section B, Item 23 and Article 3.O, Section C, Item 25 of the Code of the City of Danville, Virginia 1986, as amended at 1716 Lanier Ave, otherwise known as Grid 0612, Block 004, Parcel 00001 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to reduce the side yard setback to 0 ft. and the front yard setbacks to 30 ft.
BACKGROUND
An application has been filed by Cameron and Gerri Jewell, requesting a Special Use Permit to waive yard requirements for a yard setback waiver in accordance with Article 3.Q, Section B, Item 23 and Article 3.O, Section C, Item 25 of the Code of the City of Danville, Virginia 1986, as amended at 1716 Lanier Ave, otherwise known as Grid 0612, Block 004, Parcel 00001 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to reduce the side yard setback to 0 ft. and the front yard setbacks to 30 ft.
 
The property has begun to be used to store trucks and similar equipment. There is one unused building along Lanier Ave.  A separate building immediately north of the property in the right-of-way is not currently associated with this property. The property was previously used as a coal yard.
 
The existing building on the property is approximately four (4) ft. from the right-of-way at Lanier Ave., and considered to be legal nonconforming regarding the required fifty (50) ft. front yard setback. This front setback requirement applies to three sides of the property because of road frontage along Augusta Ave., Lanier Ave., and Stokesland Ave. The applicant wishes to reduce the setback from Augusta Ave. (eastern front lot line) and Stokesland Ave. (western front lot line) from fifty (50) ft. to thirty (30) ft.
 
The northern property line abuts the right-of-way associated with the railroad. Because all other property lines are front lot lines, this northern property line is considered to be a side lot line. The property contains no rear lot line, nor a rear yard. The applicant wishes to reduce this side yard setback from fifty (50) ft. to zero (0) ft.
 
The applicant wishes to use the property for a storage yard and an associated office for a construction company. This use is permitted within the M-I, Industrial Manufacturing District, but is not permitted within any surrounding residential district. The current higher yard setbacks of fifty (50) ft. can help separate this use from surrounding residential property. However, the reductions still maintain the separation while also respecting the topography of the site.
 
The requested setback reductions are not explicitly permitted in the M-I, Industrial Manufacturing District. Instead, these reductions are permitted by Special Use Permit in the LED-I, Light Economic Development District. However, any use permitted by right or by Special Use Permit in the LED-I District is permitted within the M-I District.

The Planning Commission voted 6-0 (Commissioner Dodson absent) to recommend approval subject to the following conditions:
  1. The existing trees along the western property line shall be maintained to provide a buffer between the property and nearby residential properties. If the trees are removed, they shall be replaced with similar vegetation or screening to maintain a buffer.
  2. The front yard setbacks shall only be reduced to thirty (30) feet, although, the existing structure will continue to be considered legal nonconforming.
  3. No commercial vehicles, tractor trailers, or heavy work trucks shall enter or leave the property between the hours of 11:00 P.M. and 6:00 A.M.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit to waive yard requirements for a yard setback waiver in accordance with Article 3.Q, Section B, Item 23 and Article 3.O, Section C, Item 25 of the Code of the City of Danville, Virginia 1986, as amended at 1716 Lanier Ave, otherwise known as Grid 0612, Block 004, Parcel 00001 of the City of Danville, Virginia Zoning District Map, subject to the following conditions:
 
  1. The existing trees along the western property line shall be maintained to provide a buffer between the property and nearby residential properties. If the trees are removed, they shall be replaced with similar vegetation or screening to maintain a buffer.
  2. The front yard setbacks shall only be reduced to thirty (30) feet, although, the existing structure will continue to be considered legal nonconforming.
  3. No commercial vehicles, tractor trailers, or heavy work trucks shall enter or leave the property between the hours of 11:00 P.M. and 6:00 A.M

Attachments
Ordinance
Planning Backup

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