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HomeMy WebLinkAbout99-01• Ordinance No. 99-1 Approving amultiple-family swelling as a conditional use at 39 Fifth Street Adopted: February 2, 1999 Effective: February 2, 1999 ~J • ~• ORDINANCE N0.99-1 ORDINANCE APPROVING AMULTIPLE-FAMILY DWELLING AS A CONDITIONAL USE AT 39 5TH STREET WHEREAS, Dr. Maria D. Encarncion submitted a conditional use application to convert a single-family dwelling into amultiple-family dwelling; and WHEREAS, the subject property is zoned R-O (Residential Office) and is identified as Tax Map No. 072-051-0024-003B and 072-051-0024-005; and WHEREAS, in an R-O (Residential Office) district, the proposed use is permitted as a conditional use. Specifically, the R-O district allows any residential use permitted in the R-2 district. The R-2 district allows "multiple-family dwellings as a conditional use and subject to the special regulations of Section 3.10"; and WHEREAS, after advertisement as required by law, the Planning Commission and Town Council conducted public hearings on November 9, 1998; December 14, 1998; and February 2, 1999 respectively, wherein the comments and concerns of the public were heard; and WHEREAS, following its second public hearing on December 14, 1998, the Planning Commission recommended approval of the conditional use with the following conditions: -that the rock wall on the west side of the property be repaired. -that all parking for the dwelling be off street and located at the rear of the structure. -that there be only five apartments allowed in the structure. -that the former apartment at the rear of the second floor not be occupied, but be left vacant to serve as a fire escape for residents of the dwelling. -that passage of necessary variances be granted by the Board of Zoning Appeals: and WHEREAS, the required variances for Article 4, Section 3.10.5 and Article 4, Section 3.4.4 were granted by the Board of Zoning Appeals on January 13, 1999. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on February 2, 1999, that the application of Dr. Maria D. Encamacion to convert asingle-family dwelling into amultiple-family dwelling as set forth in the application to the Town is hereby approved as a conditional use subject to the aforementioned conditions as recommended by the Planning Commission. This use is subject to any other restrictions imposed by the R-O (Residential Office) zoning district and any other applicable laws and regulations. This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 2"d day of February 1999 as follows: • James M. Neblett Lane R. Penn • Jeffrey S. Worrell Bettye H. Steger Ave W Edgaz Hale Aye Aye Joseph L. Weddle Aye A h s r a; n Pauline G. Mitchell ASP Aye Chazles W. Stewart, Jr. Aye TOWN OF PULASKI, VIRGINIA BY: L1 . John A. J ston, Mayor ATTEST: ~~..- -x ~n Cash ~1 Patricia Pendergrast, Cl of Council L_~ I, Patricia Pendergrast, Clerk of Council of the Town of Pulaski, Virginia do hereby certify that the foregoing Ordinance No. 99-1, approving amultiple-family dwelling as a conditional use at 39 Fifth Street, is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on February 2, 1999. ~~ Patricia Pendergrast, Cl of Council • C