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CL- 2187 New Business   Item #:   F.    
City Council Regular Meeting
Meeting Date: 09/03/2019  
Subject:    Request for a Special Use Permit for a Waiver of Yard Setbacks at 2264 N Main Street
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     09/03/2019
SUMMARY
A request has been filed by Apple Tire Inc. on behalf of Pamela G. Burnett, requesting a Special Use Permit for a waiver of yard requirements in accordance with Chapter 41, Article 3.M, Section C, Item 21 of the Code of the City of Danville, Virginia 1986 as amended at 2264 North Main Street, otherwise known as Grid 2810, Block 002, Parcel 000016 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to expand an existing building to provide additional storage for a tire retail store.
BACKGROUND
Apple Tire Inc., the applicant, is proposing to expand the side and rear of an existing building to provide additional storage space at 2264 North Main Street.  However, the proposed expansion encroaches into the required yard setbacks. 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 be at least thirty (30) feet from the front property line, and twenty (20) feet from the side and rear property lines.

The building is currently approximately nineteen (19) feet from the northern side property line, and fifteen (15) feet from the western rear property line. This is considered legal nonconforming (“grandfathered”).  The applicant wishes to expand the building to be approximately eight (8) feet from the northern and western property lines.
 
Staff’s main concern is maintaining some minimal distance between any structures and the property line. Completely waiving the yard requirement would allow development practically on top of neighboring property. Generally speaking, ten (10) feet of separation between separate structures is encouraged.  The applicant’s proposed eight (8) foot setback helps address this concern.
 
There is also a concern about loss of parking space.  A retail store this size (approx. 2,561 sq. ft. after expansion) is required to have eleven (11) parking spaces. These spaces are not clearly marked at this time. Space is available for the required parking.

At their August 12, 2019 meeting, the Planning Commission voted 5-0-1 (Chairman Scearce abstained, and Commissioner Bolton was absent) to recommend approval of the request, subject to the following conditions:
  1. The required front yard setback shall remain unchanged; and
  2. The required side and rear yard setback shall be five (5) feet; and
  3. Either a land survey or similar land record shall be used to ensure that any building additions or development does not encroach on neighboring property; and
  4. The yard setback waiver shall only apply to the existing building and additions to that building; and
  5. The off-street parking shall be clearly marked to supply sufficient parking for the on-site business.
RECOMMENDATION
It is recommended that City Council adopt an ordinance granting a Special Use Permit for a waiver of yard requirements in accordance with Chapter 41, Article 3.M, Section C, Item 21 of the Code of the City of Danville, Virginia 1986 as amended at 2264 N Main St., otherwise known as Grid 2810, Block 002, Parcel 000016 of the City of Danville, Virginia Zoning District Map, subject to the following conditions:
 
  1. The required front yard setback shall remain unchanged; and
  2. The required side and rear yard setback shall be five (5) feet; and
  3. Either a land survey or similar land record shall be used to ensure that any building additions or development does not encroach on neighboring property; and
  4. The yard setback waiver shall only apply to the existing building and additions to that building; and
  5. The off-street parking shall be clearly marked to supply sufficient parking for the on-site business.

Attachments
Ordinance
Planning Backup

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