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RESOLUTION GRANTING A SPECIAL USE PERMIT TO GROVE STREET PROPERTIES, LLC • FOR AN INCREASE IN RETAIL AREA AND SIDE YARD SETBACKS FOR THE PROJECT KNOWN AS GROVE SQUARE (PHASE 2) AT 999-1001 GROVE STREET WHEREAS, Grove Street Properties, LLC, owner of the property at 999-1001 Grove Street, has requested a special use permit with respect to a portion of the property (eastern end) identified on City Tax Map 30 as Parcel 170, having approximately 98 feet of frontage on Roosevelt Brown Boulevard, and consisting of approximately 20,865 square feet, or 0.479 acres ("Subject Property), to increase the allowable retail area from 4,000 square feet to 5,000 square feet, and allow an increase in the side yard setbacks from 5 feet to 9 feet 6 inches on Grove Street and 8 feet 9 inches adjacent to the railroad tracks; WHEREAS, the Subject Property is zoned "MU -CH" (Cherry Avenue Mixed Use), where, pursuant to §34-796 of the City Code, such modifications for use of the property are allowed by Special Use Permit; and WHEREAS, following a joint public hearing before this Council and the Planning Commission, duly advertised and held on July 22, 2008, this Council finds that such use is allowed under City Code Section 34-796, and will conform to the criteria applicable to special permits generally under Chapter 34 of the City Code; now, therefore • BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby approved and granted to Grove Street Properties, LLC to allow an increase in the allowable retail area from 4,000 square feet to 5,000 square feet, and allow an increase in the side setbacks from 5 feet to 9 feet/6 inches on Grove Street and 8 feet/9 inches adjacent to the railroad tracks. Approval of this special use permit is conditioned upon Planning Commission approval of the preliminary site plan. Approved by Council August 18, 2008 of City Council 0