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Commission approves special‑exception permit for 408 Harris Road after applicant cites right‑of‑way constraints
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Summary
The Planning Commission approved special‑exception permit PL260030 to reduce required amenity‑space dimensions for a six‑lot infill duplex proposal at 408 Harris Road, after the applicant said existing right‑of‑way configuration prevents meeting the code’s 10%/400 sq. ft./10‑ft‑width requirement.
The Charlottesville Planning Commission voted to recommend approval of special‑exception permit PL260030 for a six‑lot (three‑duplex) infill project at 408 Harris Road after hearing from the applicant and staff.
Staff planner (speaker 12) introduced the request and said that existing code requires 10% amenity space and a minimum amenity component of 400 square feet with at least a 10‑foot horizontal dimension; staff did not recommend approval because much of the green strip lies in the city right‑of‑way and the code specifies amenity space must be on a lot.
Applicant Richard Spurs (speaker 16) said the parcel is constrained and the right‑of‑way and storm‑sewer configuration make a conforming layout impractical. “We’re just trying to produce townhouses that are just like the joining development Longwood ... this is a great place for this. It’s just 6 little lots,” he said, explaining the design and prior engineering costs. Dustin Green (speaker 15), the project’s design engineer, noted that if the developer could purchase the narrow right‑of‑way behind the sidewalk they would meet the 10% and width standards, but that option was closed by engineering and utilities staff.
Commissioners discussed precedent, adjacency to school grounds and existing green space, and whether an exception would encourage use of right‑of‑way for private amenity. After deliberation Commissioner (speaker 3) moved to recommend approval of PL260030. The commission voted in favor by roll call and the recommendation will be forwarded to council for final permitting steps.
What’s next: staff will prepare the recommendation to City Council and process the permit application consistent with the approval and any standard permit conditions.
