HomeMy WebLinkAboutSDP200900085 Legacy Document 2010-06-22vIRGIN�
County of Albemarle
Department of Community Development
Memorandum
To: Phil Custer
Megan Yaniglos
From: Bill Fritz
Division: Zoning and Current Development
Date: June 22, 2010
Subject: SDP 2009 — 85 Animal Wellness Center
I have received a request for modification of the slope of the travelway. Chapter 18, Section 4.12.17 of the
Code of Albemarle states, in part, that the slope for the travelway shall not exceed 10 %. Chapter 18,
Section 4.12.17 of the Code of Albemarle authorizes the Zoning Administrator to modify the requirements
of Chapter 18, Section 4.12.17 of the Code of Albemarle. The Zoning Administrator has authorized me to
grant modifications.
Chapter 18, Section 4.12.17 of the Code of Albemarle states in part that modification may be approved
upon a finding "that the public health, safety or welfare would be equally or better served by the
modification or waiver and that the modification or waiver would not otherwise be contrary to the
purpose and intent of this chapter."
The proposed slope of the driveway is approximately 13 %. The ordinance provides little engineering
guidance to aid in determining if a slope of greater than 10% is appropriate. However, the ordinance
does provide guidance that the slope should not exceed 16% (the maximum slope for driveways).
Alternatives do exist that would reduce the slope of the travelway to 10% or less.
Because the ordinance recognizes that a slope of up to 16% may be approved for travelways I find that a
modification would equally serve the public health, safety and welfare and therefore the request may be
approved. In order for the waiver to be approved however, a compelling reason must exist. Equally
serving the public health, safety and welfare merely allows the request to be considered. The request must
also be consistent with the purpose and intent of the ordinance. I have reviewed the purpose and intent of
the ordinance and of the Downtown Crozet District in particular. Chapter 18, Section 20B.1 of the Code
of Albemarle states in part that the intent of the Downtown Crozet District is "facilitate infill and
redevelopment ". It is my opinion that approval of a modification will facilitate redevelopment of this site
from a residential to commercial activity and that the location of the drive retains area adjacent to Route
240 that could be used for future development.
Therefore, it is my finding that the slope shown by the applicant are acceptable and that approval of the
modification is consistent with the purpose and intent of the Downtown Crozet District.
Cc: Jim Taggart (by email)