COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

SP200900058 JR Harris Garage – Amendment and Critical Slopes Waiver

 

SUBJECT/PROPOSAL/REQUEST:

Amend special use permit (SP 2001-49) to allow an expansion of a public garage

 

STAFF CONTACT(S):

Cilimberg, McDowell

 

 

 

 

 

AGENDA DATE:

June 9, 2009 – Planning Commission

June 10, 2009 – Board of Supervisors

 

 

ACTION:     X          INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

 

 

 

BACKGROUND:  On May 5, 2009, the Planning Commission recommended approval of SP 2009-58 and approved a request for a critical slopes waiver at the site.  On May 11, staff learned from a citizen that the sign notifying of the pending Commission public hearing had not been posted on the property and advised that he and others would have attended the Planning Commission hearing if they had known about it.  A notice sign was posted the afternoon of
May 11.

 

Section 31.8.1 of the Zoning Ordinance states that upon a finding by the Board of Supervisors that failure to comply with the posting requirements of zoning ordinance § 31.8.1 has denied the public reasonable notice of the public hearing, the Board may defer action on the petition or application until reasonable notice by posting is given.  In consideration of citizen interest in this project and in order to avoid a potential deferral of the request by the Board, staff determined that a second Planning Commission public hearing should be held.  The Board of Supervisors will hold its public hearing the day following the Planning Commission hearing, as previously scheduled.

 

DISCUSSION:

No changes to the application or to the staff report have occurred since the May 5 public hearing. 

 

The draft minutes (Attachment B) of the initial Commission public hearing note the discussion and actions regarding this request.   No changes to staff’s recommended Special Use Permit conditions were made by the Commission. Changes to the critical slope waiver conditions recommended by staff are also noted in the attached minutes.

 

 

RECOMMENDATION:

Staff recommends approval of SP 2009-58 Harris Auto, subject to the conditions as stated in the May 5, 2009, staff report (Attachment A) and approval of the Critical Slope Waiver request, subject to the conditions as amended by the Planning Commission on May 5, 2009 (Attachment B).

 

ATTACHMENTS:

A          Staff Report dated May 5, 2009 and attachments

B          Planning Commission Draft Minutes

PC actions letter 

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