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CL- 2091 New Business   Item #:   D.    
City Council Regular Meeting
Meeting Date: 04/02/2019  
Subject:    Request for a Special Use Permit for a Duplex at 338 Third Avenue
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     04/02/2019
SUMMARY
A request has been filed by Ta Lowery, requesting a Special Use Permit for a duplex in accordance with Article 3:E, Section C, Item 2 of the Code of the City of Danville, Virginia 1986, as amended at 338 Third Avenue, otherwise known as Grid 2813, Block 004, Parcel 000015 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to use a vacant structure as a duplex residential dwelling.
 
BACKGROUND
The applicant, Ta Lowery, is requesting a Special Use Permit to use a vacant structure as a duplex residential dwelling at 338 Third Avenue. This property is located in the OT-R, Old Town Residential District.
 
The applicant acquired the property in 2018, and has since begun renovating the existing residential structure. Once the renovations are completed, the applicant wishes to use the vacant structure as a duplex. The structure once contained multiple dwellings. At that time, it was considered to be legal nonconforming because it predated the current zoning ordinance. However, records indicate the property has been vacant since 1995. Therefore, the structure lost legal nonconforming status. A Special Use Permit is now required for any duplex in this zoning district. Article 15, Section B of the Zoning Ordinance defines duplex as follows:
 
“Duplex. A group of two (2) single family dwelling units which are generally joined to one another by a common party wall, a common floor/ceiling and/or connecting permanent structures such as breezeways, carports, garages or screening fences or walls, whether or not such a group is located on a single parcel of ground or on adjoining individual lots. Each unit on a lot shall have its own outside entrance(s).”
 
Duplexes are typically considered on a case-by-case basis to address potential negative impacts on the surrounding neighborhood, such as increased traffic and noise. While the majority of this neighborhood remains single-family residential, a single duplex is not likely to cause any such concerns.

At their meeting of March 11, 2019, the Planning Commission voted 7-0 to recommend approval of the request as submitted.





 
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for a duplex in accordance with Article 3:E, Section C, Item 2 of the Code of the City of Danville, Virginia 1986, as amended, at 338 Third Avenue, otherwise known as Grid 2813, Block 004, Parcel 000015 of the City of Danville, Virginia Zoning District Map.
 

Attachments
Ordinance
Planniing Backup

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