DEVELOPMENT
REVIEW COMMITTEE,
A G E N D A
7530 Little
Road, New Port
_______________________________________________________________________________________
DEVELOPMENT REVIEW COMMITTEE
John J. Gallagher
Michael Nurrenbrock
OMB Director
Douglas S. Bramlett
Assistant
(Utilities
Services)
Daniel R. Johnson
Assistant
(Public Services)
Bipin Parikh, P.E.
Assistant
(Development Services)
Michael Rapp
District School
Board of
LEGAL COUNSEL
Robert D. Sumner
ADVISORY STAFF
Cynthia M. Jolly, P.E.
Development
Director
Debra M. Zampetti
Zoning/Code
Compliance
Administrator
Vacant
Development Review
Manager
Samuel P. Steffey II
Growth Management
Administrator
James C. Widman, P.E.
Engineering
Services Director
Representative of the Clerk
of the Circuit
Court
________________________________________________________________________________________
I.
OPENING
II.
ROLL CALL
III.
MINUTES
IV.
VARIANCE PETITIONS
A.
Public Hearing
Proof of Publication
B.
Variance Review
The Development
Review Committee may grant a variance from the terms of the Land Development
Code when such variance will not be contrary to the public interest; where,
owing to special conditions, a literal enforcement of the provisions of this
code would result in unnecessary hardship or where improved or alternative
technology would meet or exceed the development and construction standards set
forth in this code. Such variance shall
not be granted if it has the effect of nullifying the intent and purpose of
this code. Furthermore, such variance
shall not be granted by the Development Review Committee unless and until a
variance application is submitted demonstrating compliance with one or more of
the following:
1.
That special conditions and circumstances exist
which are peculiar to the land, structures, or required subdivision
improvements involved, and which are not applicable to other lands, structures,
or required improvements.
2.
That a literal interpretation of the provisions of
this code would deprive the applicant of rights commonly enjoyed by other
properties with similar conditions.
3.
That the actions of the applicant did not cause the
special conditions and circumstances which necessitate the variance.
4.
That the granting of the variance requested will
not confer on the applicant any special privilege that is denied by this code
to other lands, structures, or required improvements under similar conditions.
5.
Through improved or alternative technology, the
development and construction standards set forth in this code are met or
exceeded.
6.
The Development Review Committee finds that the
requirements of this code have been met based upon the review and findings of
the Development Review Services Department and information presented at a
public hearing.
7.
The Development Review Committee further finds that
the reasons set forth in the application justify the granting of the variance
that would make possible the reasonable use of the land, buildings, or other
improvements.
8.
The Development Review Committee finds that the
granting of the variance would be in harmony with the general standards,
purpose, and intent of this code and will not be injurious to the surrounding
territory, or otherwise be detrimental to the public welfare.
9.
The Development Review Committee finds that the
granting of the variance would not violate the Goals, Objectives, and Policies
of the Comprehensive Plan.
a.
Petition No.: 1791
Applicants: Exxon Corporation
Service Station #40354 et al.
Commissioner: The Honorable
Peter A. Altman
Location: On the
southwest corner of the intersection of U.S. 19 and Hudson Avenue, Section 27,
Township 24 South, Range 16 East.
Acreage: 1.67 Acres,
m.o.l.
Present
Zoning: C‑2 General
Commercial
Land
Use: ROR (Retail/Office/Residential)
Requested: A reduction in the
required clear zone setback of 60 feet, plus the required minimum north-front
setback of 25 feet, totaling 85 feet to 77.59 feet from the
paved centerline of Hudson Avenue.
RECOMMENDATION: Withdrawn; no action required.
b.
Petition No.: 1792
Applicants: Guy R. and
Mary Anne Nolan
Commissioner: The Honorable Pat
Mulieri, Ed.D.
Location: On the north
side of Lincoln Place at the intersection of Long Acre Lane, Section 25,
Township 25 South, Range 19 East.
Acreage: 3.67 Acres,
m.o.l.
Present
Zoning: E‑R Estate-Residential
Land
Use: RES‑1 (Residential -
1 du/ga)
Requested: A reduction in the
required minimum front setback from 50 feet to 25.5 feet.
RECOMMENDATION: Approval with conditions.
c.
Petition No.: 1793
Applicants: John F. and
Gill P. Day
Commissioner: The Honorable Pat
Mulieri, Ed.D.
Location: On the north
side of Spring Corral Court, approximately 350 feet west of Whistling
Pines Court, Section 14, Township 26 South, Range 20 East.
Acreage: .21 Acre,
m.o.l.
Present
Zoning: MPUD Master
Planned Unit Development
Land
Use: RES‑3 (Residential -
3 du/ga)
Requested: A reduction in the
required minimum front setback from 20 feet to 16.5 feet.
RECOMMENDATION: Approval with conditions.
d.
Petition No.: 1794
Applicants: Dolores A.
and Henry R. Robinson, Jr.
Commissioner: The Honorable Peter A. Altman
Location: On
the north side of Tenoaks Drive, approximately 190 feet west of Firefly
Lane, Section 32, Township 24 South, Range 17 East.
Acreage: 1.47 Acres,
m.o.l.
Present Zoning: A‑R Agricultural-Residential
Land
Use: RES‑3 (Residential -
3 du/ga)
Requested: A reduction in the
required minimum lot area from 2 acres to 1.47 acres for two dwelling
units.
RECOMMENDATION: Approval with conditions.
e.
Petition No.: 1795
Applicant: Sharon M.
Molnar
Commissioner: The Honorable Pat
Mulieri, Ed.D.
Location: On the west
side of Lake Joyce Drive, approximately 400 feet north of Coldstream Road,
Section 19, Township 26 South, Range 19 East.
Acreage: .29 Acre,
m.o.l.
Present
Zoning: PUD Planned
Unit Development
Land
Use: RES‑6 (Residential -
6 du/ga)
Requested: A reduction in the
required minimum southwest, side-yard setback from ten feet to
eight feet.
RECOMMENDATION: Approval with conditions.
f.
Memorandum No.: DR04‑1635
Project
Name: Walgreen's
No. 7466 at Hudson
(Continued from the May 13 and 27, 2004, Development Review
Committee Meetings)
Commissioner: The Honorable
Peter A. Altman
Applicant: Land Quest
XXIII, Exxon Mobile Corporation et al.
Location: On the
southwest corner of the intersection of U.S. 19 and Hudson Avenue, Section 27,
Township 24 South, Range 16 East.
Acreage: 2.30 Acres,
m.o.l.
Proposed
Development: Proposed
14,820-square-foot pharmacy; existing 2,780-square-foot fast-food restaurant.
Requested: Variance from
Sections 6.C.9.d, 7.H, 7.J, 7.L, and 10 of Landscaping and Irrigation Ordinance
No. 02‑04.
RECOMMENDATION: Approval with conditions.
g.
Memorandum No.: DR04‑1643
Project
Name: Himes
Properties
(Continued from the May 27 and June 10, 2004, Development
Review Committee Meetings)
Commissioner: The Honorable Pat Mulieri, Ed.D.
Applicant: Tim Himes
Location: On the east
side of U.S. 41, approximately 570 feet north of U.S. 41 and
Willow Bend Parkway intersection, Section 36, Township 26 South,
Range 18 East.
Acreage: 4.30 Acres,
m.o.l.
Proposed
Development: Warehouse.
Requested: Variance from Section 8,
Building Perimeter Land-scaping; and Section 10,
Site Perimeter Land-scaping of Lanscape
and Irrigation Ordinance No. 02‑04.
RECOMMENDATION: Denial.
h. Memorandum No.: