SP 2005-021 American Spirit Institute (Sign #75) - Request for special use permit to allow use of a private school in accordance with Section of the Zoning Ordinance which allows for private schools in CO commercial districts. The property, described as Tax Map 61, Parcel 27, contains approximately 0.835 acre, and is located in the Jack Jouett Magisterial District at 2776 Hydraulic Road, near the corner of Hydraulic Road and Whitewood across from Albemarle High School. The property is also zoned EC Entrance Corridor. The Comprehensive Plan designates this property as Neighborhood Service in Neighborhood 1 Development Area. General usage for neighborhood service is neighborhood-scale retail, wholesale, office, service, and residential (6 - 34 units/acre). General usage within the CO Commercial zoning district permits offices, supporting commercial and service use, and residential by special use permit (15 units/acre). (Judy Wiegand)


Ms. Wiegand summarized the staff report.  (See attached staff report.)


Mr. Edgerton asked staff with the applicant’s request for an extension to June, 2006 if the Commission was being asked to grant a special use permit for 7 ˝ months.  The special use permit if granted would go with the property forever, but the applicant was vacating the site.


Mr. Kamptner stated that the Commission could put a time limitation on the special use permit.


Mr. Edgerton stated that he had a lot of trouble that the applicant had been operating in violation all of this time and the granting of the special use permit was a housekeeping effort.


Mr. Benish suggested that the Commission put a time limitation in the conditions of the special use permit.


Mr. Edgerton asked if there were any questions for staff.  There being none, he opened the public hearing and invited the applicant to address the Commission.


Celia G. Hines, applicant, complimented staff for her thorough job on explaining the staff report.  When she originally went into business she called to get a business license and was told that she did not have to get one until she had $5,000 worth of sales.  When she came in to get her business license she was sent to zoning and pretty much as been working with zoning ever since.  Once she became aware of the violation she started this process.  Currently she was working to find a location zoned HC for the business so she would not have to come back.


Mr. Edgerton invited public comment.  There being none, he closed the public hearing to bring the matter back before the Commission.


Mr. Rieley suggested that the conditions contain a cut off date for the specific use because there was a reason why this was not a permitted use in a CO district.  Since this request is for a temporary use he supported the condition for a time limitation for the use.


Motion:  Mr. Morris moved, Mr. Thomas seconded, that SP-2005-021, American Spirit Institute, be approved subject to the following conditions as amended:


1.       The number of students in any class offered between 7am and 5pm shall not exceed 3 students.


2.       This special use permit shall expire on December 7, 2007.


The motion passed by a vote of 7:0.


Mr. Edgerton stated that SP-2005-021, American Spirit Institute, would go to the Board of Supervisors on December 7 with a recommendation for approval.


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