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HomeMy WebLinkAbout9/16/2020 - Minutes z 1' County of Roanoke ; BOARD OF ZONING APPEALS ��� PUBLIC HEARING MINUTES SEPTEMBER 16, 2020 BZA Members Present: Mr. Richard Jones, Chairman Mr. Robert Arthur Mr. George Assaid Mr. Eric Thomas Mr. Carlton Wright Staff Present: Ms. Rebecca James, Secretary Ms. Rachel Lower, Senior Assistant County Attorney Mr. William Richardson Ms. Alyssa Dunbar Ms. Susan McCoy, Recording Secretary CALL TO ORDER Mr. Jones called the meeting to order at 7:02 p.m. APPROVAL OF AGENDA Mr. Assaid made a motion to approve the agenda. Mr. Wright seconded the motion, which passed 5-0. APPROVAL OF MINUTES Mr. Wright made a motion to approve the July 15, 2020, minutes. Mr. Assaid seconded the motion, which passed 5-0. PUBLIC HEARING The petition of a variance requested by Anastasia Thompson of Section 30-41-3(B)1 of the Roanoke County Zoning Ordinance to allow an accessory structure to be located in front of a primary structure. The purpose of this request is to allow a detached storage building located at 5613 Castle Rock Road, Windsor Hills Magisterial District. Mr. Richardson presented the staff report, including the code enforcement background of the property. Mr. Wright inquired if Mr. Richardson gave her any indication she could continue with construction. Mr. Richardson stated he did not, noting the project was clearly in violation. He stated initially we ask that she apply for the zoning permit, noting at that time the County would point out locations suitable for placement of an accessory building. Mr. Wright inquired if a letter was sent to Ms. Thompson indicating the status of the request. Mr. Richardson stated the County had sent the zoning permit request letter and had conversations and emails. He stated a letter was sent stated she would have time as set out in the State Building Code. He stated the County did not require immediate compliance because of the pandemic construction work can be challenging. He stated usually 30 days is granted under the Zoning Ordinance for compliance, noting due to the pandemic the County did not have an immediate timeline for compliance. BOARD OF ZONING APPEALS MINUTES SEPTEMBER 16, 2020 Ms. Anastasia Thompson, 5613 Castle Rock Road, stated that in the spirit of the ordinance the County does not want storage sheds on the street line in front of people's homes. She stated her building is behind the house which is in front of her house, noting her neighbor is going to place a storage building beside her building. She stated she has a pipestem lot, noting it is rare in the County. She stated her storage building cannot be seen from the street. She stated that she was not knowledgeable about needing a permit for a building. She stated a friend had constructed the building for her. She stated because pipestem lots are so rare, the County has not previously had a case like her case. She stated in the Zoning Ordinance definitions it states an accessory structure must be placed behind the front building line. She then stated the definition of the building line is the line, parallel to the street right-of-way that passes through the point of the principal, noting that in the case of the rear building line it is furthest from the street right- of-way. She stated her home faces the wrong direction and there are no building lines. She stated no building lines are parallel to either of the three streets surrounding her home. She stated ordinance actually does not apply to my home because none of the building lines of my home are parallel with any of the streets. She stated you cannot see the building from the street. She stated the County's definition of building line does not apply to her lot. She stated her building is gorgeous, noting it matches the house and is constructed like a small home with a foundation, concrete, and two by fours. She stated she does not think the building could be placed anywhere else and it would be quite an ordeal to move it. Mr. Wright discussed regulations the State of Virginia has given the Board of Zoning Appeals to determine whether or not to deny or affirm a variance request. He asked if strict application of the Zoning Ordinance would unreasonably restrict the use of the property. Ms. Thompson stated no. Mr. Wright asked if an approved variance would alleviate the hardship. Ms. Thompson stated it would because she would not have to figure out a way to put it somewhere else. She stated she does not want it in front of her house. She stated the front of her house faces the neighborhood not the street. She stated she needs a place for her children to play. She stated utility lines would make it difficult. She stated the roots from trees which have been cut down would create issues finding another location for the building. Mr. Wright inquired if the applicant acquired the property in good faith. Ms. Thompson affirmed that she acquired property in good faith. Mr. Wright asked if the applicant knew there would be difficulty putting up structure without going through the County. She stated she thought you could do what you wanted with your property. She stated she has learned that you do need a permit to put a storage building on your property, noting she had no idea. Mr. Wright asked if not granting the variance would create a hardship. Ms. Thompson stated not granting the variance would create a hardship. Mr. Wright asked if approval of the variance would produce a substantial detriment to adjacent and nearby property. Ms. Thompson stated her next door neighbor loves her building and is going to put one beside her building location. Mr. Wright asked if she would have him go through the proper channels in the County. Ms. Thompson stated she would. Page 2 of 4 BOARD OF ZONING APPEALS MINUTES SEPTEMBER 16, 2020 Mr. Wright stated he was not convinced that the building could not have been placed somewhere else on that property. He asked the applicant if a she had discussed placement of the building with the County. Ms. Thompson stated she had discussed it with Mr. Richardson. She discussed difficulties if she has to move the building, noting it is a 20,000 pound structure with a foundation. She stated it would be a hardship to remove all of the roots to put the building in an approved spot. Mr. Jones explained that that a hardship is defined by the State Code. Mr. Arthur inquired about construction status when the applicant applied for the permit. Ms. Thompson stated the building was almost completed with almost all of the siding added. She discussed issues regarding moving the structure. Mr. Arthur asked if the applicant was aware the structure had to be behind the house. Ms. Thompson stated she was not aware until Mr. Richardson and Ms. James spoke with her about the location of the building. She stated her house does not front a street, noting you cannot see her house from the street. Mr. Assaid inquired about the status of structure when Mr. Richardson met with the applicant to discuss the zoning violation. Mr. Richardson discussed this issue, noting the siding had not been completed when a photo was taken on June 4, 2019. He stated that when he went to the property on June 12, 2019, the siding was mostly completed. Mr. Jones opened the public hearing for public comment. With no citizens requesting to speak, Mr. Jones closed the public comment portion of the meeting. Mr. Wright made a motion to deny the variance request based on the following findings pursuant to Section 15.2-2309 of the Code of Virginia: the applicant for the variance has proven, by a preponderance of the evidence, that the strict application of the terms of the zoning ordinance would unreasonably restrict utilization of the property. Mr. Assaid seconded the motion which passed with the following vote: AYES: Assaid, Jones, Wright NAPES: Arthur, Thomas ABSTAIN: None Mr. Jones informed the petitioner that she has thirty days to appeal the Board of Zoning Appeals decision to the Roanoke County Circuit Courts. Ms. Thompson asked the Board of Zoning Appeals Members, the reason they denied the request. Mr. Jones stated he was speaking for himself only, noting there are other places on the lot to put the building. COMMENTS Page 3 of 4 BOARD OF ZONING APPEALS MINUTES SEPTEMBER 16, 2020 There being no further business, Mr. Jones adjourned the meeting at 7:24 p.m. Respectfully Submitted, Susan McCoy, Recording Secretary Roanoke County Board of Zoning Appeals Rebecca James, Secretary Roanoke County Board of Zoning Appeals Page 4 of 4