HomeMy WebLinkAboutSP200800067 Review Comments Special Use Permit 2009-08-14vIRGIN�
County of Albemarle
Department of Community Development
Memorandum
To: Claudette Grant
From: Bill Fritz
Division: Zoning and Current Development
Date: August 14, 2009
Subject: ZMA200800007 & SP200800067ATNA BUILDING - REZONE & SPECIAL USE PERMIT
The applicant is proposing the construction of a fence adjacent to the residential development. This will
require a site plan amendment. It will also require a waiver of Chapter 18, Section 21.7(C) of the Code of
Albemarle. This section requires the maintenance of a 20 foot undisturbed buffer. However, the Planning
Commission may allow disturbance of the buffer as provided for in Chapter 18, Section 21.7(C)(1) of the Code
of Albemarle. A copy of the applicable provisions is included at the end of this memorandum.
The waiver should be processed with the above application to avoid the applicant having to go back to the
Planning Commission
21.7 MINIMUM YARD REQUIREMENTS
The minimum yard requirements in the commercial districts are as follows:
c. Buffer zone adjacent to residential and rural areas districts. No construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural
areas district. Screening shall be provided as required in section 32.7.9. (Amended 9 -9 -92)
1. Waiver by the commission. The commission may waive the prohibition of construction
activity, grading or the clearing of vegetation in the buffer in a particular case where the
developer or subdivider demonstrates that grading or clearing is necessary or would result in
an improved site design, provided that: (i) minimum screening requirements are met and (ii)
existing landscaping in excess of minimum requirements is substantially restored.