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HomeMy WebLinkAbout5/18/2022 - Minutes .'`Pk County of Roanoke BOARD OF ZONING APPEALS c PUBLIC HEARING MINUTES MAY 18, 2022 BZA Members Present: Mr. Richard Jones, Chairman Mr. Eric Thomas, Vice-Chairman Mr. Robert Arthur Ms. Charlotte Moore BZA Members Absent: Mr. Carlton Wright Staff Present: Ms. Rebecca James, Secretary Mr. William Richardson, Alternate Secretary Ms. Rachel Lower, Senior Assistant County Attorney Ms. Cecelia Thomas, Recording Secretary CALL TO ORDER Mr. Jones called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Jones noted that they would be making amendments to the agenda based on the recommendations of staff. He noted they would be reversing the order of the public hearings with the petition of Ricky and Angela Dalton going first with the petition of Clayton Ferris going second. He noted there would be an addition to the agenda to approve the BZA schedule for 2022. He noted approval of the schedule would be followed by an Election of Officers, for the remainder of 2022. Mr. Thomas made a motion to pass the agenda with suggested amendments which passed 4-0. APPROVAL OF MINUTES Ms. Moore made a motion to pass the September 16, 2020 minutes, which passed 4-0. PUBLIC HEARING 1. The petition of Ricky and Angela Dalton for a variance of Section 30-41-3(B)of the Roanoke County Zoning Ordinance to allow an accessory structure to be located in front of the front building line on a corner lot, located at 542 Castleridge Road, Vinton, VA 24179. The property is zoned R-1 Low Density Residential District and is located in the Vinton Magisterial District. Mr. William Richardson presented the history of the case. He noted that the Daltons had installed a permitted pool, which hindered their ability to move the accessory structure. Thus, they require a variance for the accessory structure to remain on their property. Mr. Jones questioned what the appropriate setback for the property would be. It was noted that 30 feet is the required setback for the property. Mr. Ricky Dalton and Ms.Angela Dalton spoke about getting the building on his property. BOARD OF ZONING APPEALS MINUTES MAY 18,2022 He noted that he believed he had gone through the proper process to have the accessory building added to the property. He noted he was not aware that he was in error regarding zoning. He noted that he had measured his property, and noted them is nowhere else to place the structure where it is in compliance with the Zoning Ordinance. Ms. Moore questioned if the applicant had considered locating the accessory structure on a different part of the property. Mr. Dalton noted that it would not fit where Ms. Moore suggested due to the pumps for the pool. Mr. Jones opened the public hearing, and with no citizens wanting to speak, closed the public hearing. Mr. Arthur made a motion to grant the variance which passed 3-1. Ms. Moore commented that due to the zoning of the area it is not permitted and the zoning ordinance should be abided by. AYES: Arthur, Jones, Thomas NAPES: Moore ASTAINS: None 2. The petition of Clayton W. Ferris for an administrative appeal of the Zoning Administrator's written determination of Zoning Ordinance Section 30-88-2(A)11 - Accessory Uses: Residential Uses, involving the permanent keeping of a temporary portable storage container without obtaining an approved zoning permit and removing the said container within the applicable time limit, located at 1937 Middle Valley Drive Roanoke, VA 24012. The property is zoned R-1, Low Density, Residential District and is located in the Hollins Magisterial District. Ms. James presented the history of the site and the enforcement action that was taken. She reviewed what the Zoning Ordinance states about a temporary portable storage container. Mr. Jones questioned if there was ever an application submitted for a temporary use application for a storage unit on the property. Ms. Lower questioned had an application been applied for to place a storage unit, using a temporary use permit to place the unit on the property. Ms. James noted that the permit would have been denied to place it on the property permanently. Mr. Ferris spoke to the Board noting that it does not state anywhere in the code that you need a permit for a permanent structure on the property. He noted he put the structure up during the beginning of the pandemic due to needing storage. He insisted that the County offices were closed per Google. However, he was informed by staff that the offices were indeed open the entire time. He noted he did not come to the building, but the website said the office was closed. He said due to this, he relied on his definition of the code and proceeded with the storage unit. He noted he painted it green and took it out of public view. He continued saying he chose the container due to his neighbor's trees. He noted that his neighbors cleaned up part of their property 16 days before the public hearing. He also noted rocks that were left in their yard. He noted it is not temporary and was intended to be permanent. The applicant stated that it was a good idea at the time and that the structure works fine. Mr. Jones opened the public hearing. Page 2 of 4 BOARD OF ZONING APPEALS MINUTES MAY 18, 2022 James Bussey, 1940 Pinewood Drive, noted that the street is behind Mr. Ferris' property. He continued that the container is placed on the backside of Mr. Ferris' property and that, as his neighbors, it is in their sightline as they leave their house. He noted that if it had been placed somewhere else on Mr. Ferris' property they would not have said a word. He said their main problem is that they see it from their house. He stated if Mr. Ferris had placed it on the other side of the piles of brush and trees they never would have known about it. He noted that it seemed intentional to put the storage unit on the other side of a brush pile, so the applicant could not see the storage unit but the neighbors could. He noted there are many other places to put the storage unit on the property. He stated that if there are any rocks on the property he is happy to help take care of it, and that they would like to get along with the neighbors. Mr. Ferris stated that the neighbor's main complaint was where he placed the unit. He noted that he was trying to use the storage unit as a privacy fence. He noted that Mr. Bussey has a building on the property line. Mr. Ferris noted that he is offended by the "pile of junk" Mr. Bussey has on his property. Mr. Ferris said that he would be happy if Mr. Bussey moved the things that he was offended by. Mr. Bussey responded that he would do it. Mr. Jones closed the public hearing. Mr. Arthur questioned if you have a structure on your property, do you have to have a permit. Ms. Lower noted you have to have a permit if it is allowable by the Zoning Ordinance. Ms. Lower noted that it is not allowable in the Zoning Ordinance due to the Board of Supervisors not approving storage containers to be permitted permanent use. She agreed that he was not going to find it listed in the Zoning Ordinance saying that it is allowed because it is not. Mr. Jones noted that may be something that the Planning Commissioners may want to address. Ms. Moore made a motion to uphold the zoning administrator's written determination, which passed 4-0. AYES: Moore, Arthur, Thomas, Jones NAPES: None ASTAINS: None Ms. Lower noted that for both public hearings, the decision of the Board of Zoning Appeals is appealable by an aggrieved party for up to 30 days. APPROVAL OF SCHEDULE Ms. Moore made a motion to approve the 2022 schedule for the Board of Zoning Appeals which passed 4-0. ELECTION OF OFFICERS Page 3 of 4 BOARD OF ZONING APPEALS MINUTES MAY 18, 2022 Mr. Thomas made a motion that Mr. Jones continues as Chairman, which passed 4-0. Mr. Jones made a motion that Mr. Thomas continues as Vice-Chairman which passed 4-0. Mr. Jones made a motion to approve staff members as is, which passed 4-0. COMMENTS OF BOARD AND STAFF There were none. ADJOURNMENT With no further discussion, the meeting adjoumed at 7:32 p.m. Respectfully Submitted,�� Celia Thomas `ort 2 C cella Thomas, riling Secretary Roanoke County Board of Zoning Appeals be re. IAA • C"44-4-S ecca James, Secretary oanoke County Board of ning Appeals Page 4 of 4