Planning Commission recommends rezoning of 380 Sunrise Ave from R‑1 to R‑8 to resolve nonconforming setbacks

The Harrisonburg Planning Commission on April 9 recommended that City Council approve a rezoning of 380 Sunrise Avenue from R‑1 to R‑8C, forwarding the item to City Council for consideration on May 13.

Planning staff said the property—recorded as Tax Map Parcel 23 A 1 and 2—now has nonconforming setbacks along Chestnut Drive and an internal property line that bisects the building. Staff explained that under R‑8 zoning the existing two‑story house would become conforming once the internal property line is vacated; the applicant indicated they may pursue a minor subdivision or other steps to accomplish that. The applicant submitted a proffer committing to keep the use as single‑family so the rezoning would align the site with the low‑density residential land‑use designation in the city’s plan.

Staff also told the commission that the specific three‑story addition shown in the applicant’s submitted drawings could not be built “as presented” because the R‑8 standards require a 10‑foot side‑yard setback for three‑story structures, and the current building footprint does not meet that 10‑foot requirement. Staff and the applicant said options could include revising the addition, requesting a special‑use permit for a reduced side‑yard setback with additional fire protections, or vacating the internal property line through a separate minor subdivision process.

Applicant Jason Birch, the property owner, attended and confirmed the plan to add a story to the existing house; he said he was available to answer commissioners’ questions. There were no public callers and no substantive public opposition during the hearing.

Commissioner Porter moved to approve the rezoning as submitted by the applicant; Commissioner Nardi seconded. The motion passed on roll call: Commissioner Washington — aye; Commissioner Nardi — aye; Commissioner Porter — aye; Council member Dent — aye; Vice Chair Finnegan — aye. The commission’s recommendation will be forwarded to City Council on May 13 for final action.

Staff noted that if the applicant pursues the three‑story addition as initially drawn, the applicant must either revise the design to meet the 10‑foot setback for a three‑story building or seek a separate approval (for example, a special‑use permit for a reduced side‑yard setback with required fire‑safety measures). The rezoning as recommended does not itself approve any three‑story addition as presented; it would bring the existing structure into zoning conformance after the internal lot line is addressed.