HomeMy WebLinkAboutSE202200068 Staff Report 2023-02-15 (16)Attachment O
RESOLUTION TO DENY
SE2022-00068 — KWDRICK FARM — CLEAN EARTH FILL
(4394 CARRIAGE HILL DRIVE)
WHEREAS, upon consideration of the staff reports prepared for SE2022-00068 Kindrick Farm — Clean
Earth Fill 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 § 18-5.1.28 and § 18-33.9, the Albemarle
County Board of Supervisors hereby finds that the proposed special exception would not satisfy the purposes of
the Zoning Ordinance to at least an equivalent degree as the applicable requirement, and that the proposed
exception:
(i) would not be consistent with an approved and valid initial or preliminary site plan or any other
land use decision of the County;
(ii) would not be of limited duration (less than 90 days) and/or would involve more than 10,000
cubic feet of fill within any 12 months,
(iii) would be a substantial detriment to the public health, safety or general welfare (including equity);
(iv) would change the character of the adjacent parcels and the nearby area;
(v) would not be in harmony with the purposes and intent of the Zoning Ordinance, with the uses
permitted by right in the Rural Areas zoning district; and,
(vi) would not be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
denies the application for an exception from all requirements of Albemarle County Code § 18-5.1.28 on parcels
03200-00-00-00100 and 03200-00-00-00200.
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 _ to _, as recorded
below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKee)
Ms. Price