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SP -04-4-7 RESOLUTION • APPROVING A SPECIAL USE PERMIT FOR RESIDENTIAL USE OF PROPERTY LOCATED AT 1408 BURGESS LANE WHEREAS, pursuant to the Code of the City of Charlottesville, sections §34-156 et seq. (Special Use Permits) and §34-440 et seq. (Commercial Zoning Districts) Mr. Preston Coiner of Burgess Lane Properties, Inc. ("Applicant") has requested a special use permit to allow residential use of a portion of the property located at 1408 Burgess Lane ("Subject Property"); and WHEREAS, the subject parcel is zoned "M-1" (Commercial), where, pursuant to §34- 480 of the City Code, residential use of such property is allowed only by Special use Permit; and WHEREAS, ajoint public hearing on this application was held before the City Council and Planning Commission on June 8, 2004, following notice to the public and to adjacent property owners as required by law; and WHEREAS, on June 8, 2004, based on the information presented by Neighborhood Development Services staff as well as by the Applicant, the Planning Commission recommended that the application be approved as submitted; and • WHEREAS, this City Council finds and determines that granting the Special Use Permit would be consistent with the City's zoning ordinance and the criteria generally applicable to special use permits under Chapter 34 of the City Code; now, therefore, BE IT RESOLVED by the Charlottesville City Council that a special use permit is hereby granted to allow the use of approximately 20,400 square feet of Tax Map 56, Parcel 42, shown as the shaded area on the attached survey dated November 18, 2003, for residential purposes, subject to the following conditions designed to protect against adverse impacts on the surrounding neighborhood and community: I. Applicant shall landscape the boundary of the new Special Use Permit Area. 2. Use and development of the Subject Property for the approved residential use shall at all times be in accordance with provisions of the City's zoning ordinance (including the requirement of approval of a final site plan for the Subject Property) and other applicable City ordinances, state and federal laws and regulations. Approved by Council July 6, 2004 1 rk of City Council 0