HomeMy Public PortalAbout1986_07_23_R154A P,E SOLUTION:
PRESENTED July 2.3}
ADOPTED July 23~ 1986
>36-154 '
INITIATING AN AMENDMENT TO T~E SUBDIVISION AND LAND DEVELOPMENT
ORDINANCE CONCERNING VARIANCES
WHEREAS, Section 15.1-466B of the 1950 Code of Virginia, as amended, pro-
vides that a subdivision ordinance may include provisions for variations in the
general regulations of the ordinance in cases of unusual situating or when
strict adherence to the general regulations would result in substantial
injustice or hardship; and
W~EREAS, an amendment of the variance provisions contained within the
Leesburg Subdivision and Land Development Ordinance is necessary in order to
more closely parallel the State enabling legislation and to provide further
guidance regarding appropriate variances:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in 'Virginia as
follows:
SECTION I. An amendment of the Subdivision and Land Development Ordinance
is initiated to revise Section 13-91 to read as follows:
Section 13-91. Variances.
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INITIATING ORDINANCE AMENDMENT REGARDING VARIANCES
(a) Upon application by a subdivider or developer~ the Commission may
authorize a variance in the substantive regulations contained in Divisions 4 and
5 of this Article when it finds that a variance is warranted due to an unusual
situation or when strict adherence to the general regulations would result in
substantial injustice or hardship.
(b) No variance shall be ~ranted by the Commission unless the applicant can
demonstrate to the satisfaction of the Commission that:
(1) The variance is consistent with the Town Plan and the purpose and
intent of this Article~ it will not be of substantial detriment to adja-
cent property~ and the situation is not of so ~eneral or recurrin~ a nature
as to make it reasonably practicable and desirable to address the situation
throush an amendment of the regulations.
(2) The resultin~ public improvements are designed and constructed in
accordance with en~ineerin~ standards acceptable to the Director of
Engineering.
(3) Any variance in public street requirements is reasonable in
relation to ultimate projected traffic generation in the project area
and will not result in public street sections that are ineligible for
Virginia Department of Highways and Transportation maintenance payments.
(4) Any variance in sidewalk standards is justified because other
adequate provisions have been or are proposed to be made for pedestrian
traffic.
(c) No variance sranted pursuant to this section shall relieve the obli-
{ation of the subdivider or developer to comply with any other applicable
local or state regulations.
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INITIATING ORDINANCE AMENDMENT REGARDING VARIANCES
(d) In authorizing a variance the Co~mission may impose such conditions
regarding the location, character and other features of the proposed subdivision
or development as it may deem necessary in the public interest, and may require
a guarantee or bond to insure compliance with the conditions imposed ~---b~
(e) Applications for variances may be made by any pr~=~t~ vwner,, t= ..... t
~ subdivider or developer. Such application shall be made to the
Land Development Official ~.~ o~d .... =.~.~' ~i~ a~o~g=d ~ ~h= ~
prior to submittal of a final plat or final development plan for the subject
proper~. Once the application has been determined to be complete by the Land
Development Official, the application and accompanying maps, plans or other
information shall be transmitted promptly to th= S==,=ta~ of the Commission
sideration and action. The Official shall also transmit a copy of the applica-
tion to the Council.
SECTION II. The Planning Commission shall conduct a public hearing as soon
as permitted by law and report its recommendations on the proposed amendment to
the Town Council within 60 days of the adoption of this resolution.
PASSED this 23rd day of July
~'' 1986.
Robert E. Sevila, Mayor
Town of Leesburg
ATTE ST:
Clerk of Clncil
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