HomeMy WebLinkAboutSE202100002 Action Letter 2021-05-19RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SE 2021-00002 IVY PROPER
WHEREAS, upon consideration of the Memorandum prepared in conjunction with the SE 2021-00002
Ivy Proper application and the attachments thereto, including staffs supporting analysis, any comments
received, and all of the factors relevant to the special exception in Albemarle County Code §§ 18-4.2.3(b),
18-4.2.5(a), and 18-33.49, the Albemarle County Board of Supervisors hereby finds that the special
exception request would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, or to adjacent properties; would not be contrary to sound engineering practices;
and
alternatives proposed by the developer or subdivider would satisfy the intent and purposes
of Albemarle County Code 1§ 8-4.2 to at least an equivalent degree; and
ii. due to the property's unusual size, topography, shape, location or other unusual conditions,
excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of
critical slopes would effectively prohibit or unreasonably restrict the use of the property or would
result in significant degradation of the property or adjacent properties.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the special exception to allow the disturbance of critical slopes associated with SDP202100001 Ivy
Proper, subject to the conditions attached hereto.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of four to one, as
recorded below, at a regular meeting held on May 19, 2021.
Clerk, -Board of County S�upe i ors
Aye Nay
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y
Ms. Mallek
N_
Ms. McKeel
Y _
Ms. Palmer
Absent
Ms. Price
Y
SE 202100002 Ivy Proper Conditions
1. The area of land disturbance on critical slopes must not exceed the "Disturbed Critical Slopes" shown on
Image 1 of the request entitled "Ivy Proper Critical Slopes Waiver — Special Exception Request,"
prepared by Timmons Group, dated January 5, 2021 and last revised April 26, 2021.
2. Final design of the retaining walls must be submitted and is subject to the approval of the County
Engineer and the Building Division prior to approval of the VSMP application.