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142 <br /> <br />RESOLUTION: GRANTING SPECIAL PERMIT FOR 2404 FONTAINE AVENUE <br /> <br /> Mr. Satyendra Huja, Director of Community Development, <br />stated that the Planning Commission recommended approval of <br />the special permit for the following reason: it will not <br />have a significant adverse impact on the surrounding area if <br />conditions are met. This approval is conditional upon the <br />following: 1) The drive-in window operate only between the <br />hours of 7:00 a.m. and 11:00 p.m.) 2)The screen wall be <br />extended to the rear ~planter to provide sufficient screening <br />of the drive-in window; and 3) The site plan be revised and <br />approved administratively with all staff conditions <br />addressed. <br /> <br /> Responding to a question from Mr. Towe, Mr. Huja stated <br />that the facility could operate 24 hours a day by right, but <br />the drive-in was not allowed by right. <br /> <br /> Mr. Barnes noted concern with the speaker to the <br />drive-in window being disruptive to the neighborhood. <br /> <br /> Mr. Huja stated that the Planning Commission felt that <br />the drive-in window would be less disruptive to the <br />neighborhood than not having one. <br /> <br /> Mr. Buck stated that while he had some concern about <br />the speaker, he felt the plan overall was good. <br /> <br /> Responding to a question from Mr. Towe about lighting, <br />Mr. Huja stated that the lighting would be away from the <br />residential neighborhood, and a wall would separate the <br />lights from the neighborhood. <br /> <br /> On motion by Mr. Towe, seconded by Dr. Hall, the <br />resolution granting a special permit for 2404 Fontaine <br />Avenue was unanimously approved as presented. <br /> <br /> WHEREAS, Frazier F. White of Virginia Oil Company has <br />requested a special permit to allow for a drive-in window in <br />the proposed Fontaine Avenue Convenience Center and to allow <br />a front building setback of 35 feet instead of the required <br />40 feet, on property located at 2404 Fontaine Avenue, being <br />further identified as Parcel 12~on City Real Property Tax Map <br />~17A, having approximately 151 feet of frontage on Fontaine <br />Avenue and containing approximately 27,180 square feet of <br />land or .62 acres. <br /> <br /> WHEREAS, following a joint public hearing before this <br />Council and the Planning Commission, duly advertised and held <br />on May !1, 1988, this Council finds that such use will <br />conform to the criteria applicable to special permits <br />generally under Chapter 31 of the City Code; now, therefore <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville, Virginia that the special permit is hereby <br />granted to Virginia Oil Company to allow a drive-in window in <br />the proposed Fontaine Avenue Convenience Center and a front <br />building setback of 35 feet instead of the required 40 feet. <br /> <br /> This special use permit is also subject to the following <br />conditions: <br /> <br />plan. <br /> <br />Administrative approval of a final detailed site <br /> <br /> 2. Operation of the drive-in window is limited to the <br />hours between 7:00 a.m. and 11:00 p.m. <br /> <br /> 3. The front building setback will be a minimum of 35 <br />feet. <br /> <br /> 4. On the east side of the property, the proposed <br />screen wall will be extended to the rear planter, as shown on <br /> <br /> <br />