HomeMy Public PortalAbout1989_04_25_R085L
eesourg in ~Zirginia
RESOLUTION NO.:
A R~SOLUTION:
PRESENTED Apr:~I 25, 1989
89-85 ADOPTED April 25, 1989
RE-INITIATING AN AMENDMENT TO TH~ SUBDIVISION AND LAND
DEV~LOP~T ORDINANCE CONC~RNING VARIANCES
WHEREAS, Section 15.1-466B of the 1950 Cede of Virginia, ss amended, provides 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
WI-IE~, 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:
Tt~EREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ss follows:
SECTION I. An amendment of the Subdivision and Land Development Ordinance is initiated
to revise Section 13-91 to read ss follows:
Section 13-91. V~_~.a~c= Variation.
(a) Upon application by a subdivider or developer, the Commission may authorize a
variation in the substantive regulations contained in Divisions 4 and 5 of this Article when it finds that
a variation is warranted due to an unusual situation or when strict adherence to the general regulations
would result in substantial iRiustice or hardship.
INITIATING ORDINANCE AMENDMENT REGARDING VARIANCES
(b) No variation shall be granted by the commission unless the applicant can demonstrate
to the satisfaction of the Commission that~
(1) The variation is in conformance with the Town Plan and the purpose and intent
of this ArriVeI it will not be of substantial detriment to a~jacent property, will not be contrary
to the public healthI safet~ and general welfare, and the situation is not of so general or
recurring a nature as to make it reasonably practicable and desirable to address the situation
through an amendment of the regulations.
(2) The design and con.traction of the resulting public improvements are approved
by the Director of Engineering and Public Works.
(3) Any variation in public street requirements is reasonable in relation to ultimate
projected traffic generation in the project area and win not result in public street sections that
are ineligible for Virginia Department of Highways and Transportation maintenance payments.
(4) Any variation in sidewalk standards is justified because other adequate provisions
have been or are proposed to be made for pedestrian traffic.
(c) No variation granted pursuant to this section shall relieve the obliRation of the
subdivider or developer to comply with any other applicable local or state regnflafions.
(d) In authori~.iug a ¥c-~.c~cc variation the Commi-e~ion 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 interes% and may require a guarantee or bond to insure compliance
with the conditions imposed c_~c b~:g ~ '"~" ~ +^ ~ ..... ~:^,~ ,,~+k
(e) Applications for v~.aScn variation may be made by any r.v,...j ...... , ~cr~.r.~ cr *-'-
c~ccr subdivider or dev~oper. Such appU~fion ~h~! be rode W ~e I~od Development ~ ~
.... ~ ...... ~+a -~ ~-+-n ~' ~c Cc~m!~gion p~or W sub~ of a fi~ plat or fi~ development
p~ for ~e subje~ prope~. On~ ~e appH~fion h~ been de~ned W be ~mple~ by ~e ~d
Dev~opment ~, ~e appH~fion ~d a~m~ raps, plons or o~er ~omfion s~ be
~ ~ ..... _,~ +~_. '~:~;~-~.~_ for ~nsidemfion ~d a~on. The ~ s~ ~ ~s~t a ~py of
~e appH~fion W ~e Co~.
(f) The Commission shall conduct a public hearing on the application for variation after
publishing a notice of said public hearing in a newspaper of general circulation in Leesburg and posting
said notice by means of a sign on the property affected by the proposed variation at least 10 days
preceding the hearing. A sign shall be posted within 10 feet of each abutting street oL if no street
abuts the orooertv, then signs shall be erected on at least two boundaries of the property, abutting land
not owned by the applicant. The Commission shall aoorove, approve with condifions~ or deny the
application within 30 days of the conclusion of said hearing.
SECTION II. The Pl~oning Commission sh~ll conduct a public hearing as soon as permitted
by law and report its recommendations on the proposed ~mendment to the Town Council wit]~in 60
days of the adoption of this resolution.
INITIATING ORDINANCE AMENDMENT REGARDING VARIANCES
PASSED this 25th day of April
,1989.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
Clerk of Cou~