HomeMy WebLinkAboutZTA201600001 Resolution of Intent 2016-03-15RESOLUTION OF INTENT
WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the procedures
and requirements for applications for special use permits, special exceptions, and variances (collectively, the
"approvals"); and
WHEREAS, Albemarle County Code §§ 18-33.4,18-33.5, and 18-34.4 authorize the owner of the fee
simple interest of the lot to which an application pertains, as well as certain representatives of the owner with the
owner's authorization, and, for variance applications, certain other persons, to apply for approvals; and
WHEREAS, it became apparent that the range of permissible applicants may be too restrictive in those
circumstances when the prospective applicant is an easement holder seeking an approval of a special use permit
for a use allowed by the deed of easement and, on January 6, 2016, the Albemarle County Board of Supervisors
adopted a resolution of intent to consider amending the Zoning Ordinance to allow easement holders to apply
for a special use permit when the approval they seek is for a use allowed by the deed of easement; and
WHEREAS, further study of the issue has revealed that the easement holders may also need to seek
special exceptions or variances which, if approved, would waive, modify, or vary certain requirements such as
setbacks or height limitations associated with a use; and
WHEREAS, it may be desirable to amend the procedures and requirements for special exceptions and
variances to allow easement holders to apply for a special exception or a variance when the approval they seek
is related to a use allowed by the deed of easement; and
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare, and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to consider amending Albemarle County Code §§ 18-33.5, 18-34.4, and any other sections of
the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT this resolution of intent is in addition to, and does not
supersede, the resolution of intent adopted by the Albemarle County Board of Supervisors on January 6, 2016
referred to above; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent and the Board of Supervisors' January 6, 2016
resolution of intent, and make its recommendations to the Board of Supervisors, at the earliest possible date.