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CL- 2104 New Business   Item #:   B.    
City Council Regular Meeting
Meeting Date: 05/07/2019  
Subject:    Request for a Special Use Permit for a Waiver of Minimum Lot Size and Yard Requirements on Cahill Court
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     05/07/2019
SUMMARY
A request has been filed for a Special Use Permit for a waiver of minimum lot size and yard requirements in accordance with Article 3.O, Section C, Items 20 and 25 of the Code of the City of Danville, Virginia 1986, as amended at Parcel ID#s 20833, 20834, 20835, and 20837 on Cahill Court, otherwise known as Grid 1711, Block 006, Parcels 000012, 000011, 000010, and 000009 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to waive the lot size and yard requirements in order to adjust the property lines.
BACKGROUND
Full Moon Rising LLC is requesting a Special Use Permit to waive the minimum lot size and yard requirements for four (4) properties on Cahill Court.  The applicant wishes to consolidate from four (4) to three (3) properties for future commercial and warehousing use.  Currently, City regulations regarding lot and yard sizes practically discourage any use or development on three (3) of these properties, due to their small size. The proposed changes are intended to make the properties more useable while also conforming to City regulations.
 
Staff sees two concerns related to these properties. First, the properties are located along the Dan River, where any new use requires a Special Use Permit. The existing use of Parcel ID# 20837 was approved by City Council in December 2012. That approval permits the current, and similar uses to continue. A Special Use Permit will be required before any significant new use occurs, such as a use on currently vacant land.
 
Secondly, the properties are considered legal nonconforming regarding three requirements: (1) the existing lot sizes are too small for this district, (2) the yard requirements on Parcel ID# 20837 are not observed, and (3) the side lot lines are at angles, rather than perpendicular to the street. These are legal, however, nonconforming properties and structures are generally encouraged to be brought into conformance. The proposed consolidation further brings the properties into conformance.

At their meeting of April 8, 2019, the Planning Commission voted 5-0 (Commissioner's Bolton and Dodson absent) to recommend approval subject to the following conditions:
  1. No single property shall be less than the average of the minimum lot sizes for the LED-I and HR-C Districts, which is currently 26,750 sq. ft.;
  2. The front yard setback shall be zero (0) feet;
  3. The side yard setback shall be five (5) feet to maintain at least ten (10) feet between buildings on separate properties; and
  4. The rear yard setback shall remain fifty (50) feet to maintain distance from the Dan River.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for a waiver of minimum lot size and yard requirements in accordance with Article 3.O, Section C, Items 20 and 25 of the Code of the City of Danville, Virginia 1986, as amended at Parcel ID#s 20833, 20834, 20835, and 20837 on Cahill Court, otherwise known as Grid 1711, Block 006, Parcels 000012, 000011, 000010, and 000009 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.          No single property shall be less than the average of the minimum lot sizes for the LED-I and HR-C Districts, which is currently  26,750 sq. ft.;
2. The front yard setback shall be zero (0) feet;
3. The side yard setback shall be five (5) feet to maintain at least ten (10) feet between buildings on separate properties; and
4. The rear yard setback shall remain fifty (50) feet to maintain distance from the Dan River.

Attachments
Ordinance
Planning Backup

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