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CL- 2124 New Business   Item #:   B.    
City Council Regular Meeting
Meeting Date: 06/04/2019  
Subject:    Request a Special Use Permit for a Waiver of Yard Requirements at 3027 Riverside Drive.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     06/04/2019
SUMMARY
A request has been filed by Riverside BP LLC, requesting a Special Use Permit for a waiver of yard requirements in accordance with Article 3.M, Section C, Item 21 of the Code of the City of Danville, Virginia 1986, as amended, at 3027 Riverside Drive, otherwise known as Grid 1713, Block 006, Parcel 000005, of the City of Danville, Virginia Zoning District Map. The applicant is proposing to waive yard requirements to expand the side and rear of an existing building.
BACKGROUND
Riverside BP LLC, the applicant, is requesting a Special Use Permit for a waiver of yard requirements at 3027 Riverside Drive.  This property is located in the HR-C, Highway Retail Commercial District, in which a Special Use Permit may be used to waive or reduce the required yard setbacks. For this district, these setbacks require a building to be at least thirty (30) feet from the front property line, and twenty (20) feet from the side and rear property lines.
 
Currently, the site serves as a gas station and automobile repair establishment.
 
There is a building containing vehicle bays, and a detached gas station canopy. The applicant wishes to add to the building in order to provide vehicle safety inspections. In order to obtain a state license as an official inspection station, the site must have an inspection bay which is at least forty (40) ft. long, eight (8) ft. wide, and ten (10) ft. tall. The applicant wishes to expand the existing building to accommodate the forty (40) ft. length requirement.
 
The building is built at an angle to the property lines.  Public records suggest the building is approximately twelve (12) ft. from the side and fifteen (15) ft. from the rear. However, a land survey will need to confirm the actual distance. This is considered legal nonconforming. At this time, the applicant has discussed expanding either the rear of the northern end, or the side of the southern end of the building. Either option would require a waiver of the yard setback requirements.

At their meeting of May 13, 2019, the Planning Commission voted 6-0 (Commissioner Garrison absent) to recommend approval subject to the following conditions:
 
  1. The front yard setback shall remain unchanged;
  2. The side yard setback for the western side property line shall remain unchanged;
  3. Either a land survey or similar land record shall be used to ensure that any future building additions or development does not encroach on neighboring property;
  4. The yard setback waiver shall only apply to existing buildings and additions to those buildings; and
  5. If the property owner later chooses to consolidate 3027 Riverside Dr. (Parcel ID# 51989) and 118 Barter St. (Parcel ID# 52478), the waiver of yard setbacks may also apply to the newly consolidated parcel; but at least twenty (20) ft. must be kept between any buildings and 104-109 Barter St. (Parcel ID# 52948) and 124 Trade St. (Parcel ID# 52480).
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for a waiver of yard requirements in accordance with Article 3.M, Section C, Item 21 of the Code of the City of Danville, Virginia 1986 as amended at 3027 Riverside Drive, otherwise known as Grid 1713, Block 006, Parcel 000005, of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
  1. The front yard setback shall remain unchanged;
  2. The side yard setback for the western side property line shall remain unchanged;
  3. Either a land survey or similar land record shall be used to ensure that any future building additions or development does not encroach on neighboring property;
  4. The yard setback waiver shall only apply to existing buildings and additions to those buildings; and
  5. If the property owner later chooses to consolidate 3027 Riverside Dr. (Parcel ID# 51989) and 118 Barter St. (Parcel ID# 52478), the waiver of yard setbacks may also apply to the newly consolidated parcel; but at least twenty (20) ft. must be kept between any buildings and 104-109 Barter St. (Parcel ID# 52948) and 124 Trade St. (Parcel ID# 52480).

Attachments
Ordinance
Planning Backup

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