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Planning Commission approves special use permit to allow third story at 380 Sunrise Avenue

Harrisonburg Planning Commission · January 14, 2026
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Summary

The commission approved a special use permit to reduce side-yard setback at 380 Sunrise Ave so the owner may add a third story; staff recommended approval with a 5-foot setback condition and the item moves to City Council with a favorable recommendation.

The Harrisonburg Planning Commission voted Jan. 14 to approve a special use permit for 380 Sunrise Avenue that would allow the property owner to add a third story over the building's existing footprint.

Staff planner (Ms. Rupke) told commissioners the property was rezoned to R8-C in May 2025 and that the zoning code (section 10 3 95.4 subsection 11) allows property owners in the R8 district to request a special use permit to reduce side-yard setbacks. Staff recommended approval with a condition submitted by the applicant that the side yard setback along the shared property line with 370 Sunrise Avenue not be less than 5 feet.

Jason Birch, the applicant, said he and his team had spoken with neighboring property owners several times about the project. No callers or members of the public spoke at the hearing.

Commissioner Sites moved to approve the SUP per staff recommendations, with Commissioner Jezior seconding. A roll-call vote recorded unanimous approval by those present and the commission noted the matter will proceed to City Council.

The SUP would allow upward expansion without increasing the dwelling's footprint toward the shared property line, subject to building code and fire-safety requirements. Staff emphasized compliance with fire-safety standards if the third floor is added.