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HomeMy WebLinkAbout8/17/2022 - Minutes �117nnrr County of Roanoke BOARD OF ZONING APPEALS :% ROANOKE COUNTY BOARD OF ZONING APPEALS Wednesday, August 17, 2022 PUBLIC HEARING MINUTES BZA Members Present: Mr. Richard Jones, Chairman Mr. Eric Thomas, Vice-Chairman Ms. Charlotte Moore BZA Members Absent: Mr. Carlton Wright Mr. Robert Arthur 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. Thomas made a motion to pass the agenda with suggested amendments which passed 3-0. APPROVAL OF MINUTES Ms. Moore made a motion to pass the May 18, 2022 minutes, which passed 3-0. PUBLIC HEARING 1. The petition for a variance requested by Aleks Melson of Section 30-41-3(Bx1) (b) of the Roanoke County Code to allow for an accessory structure in front of a primary structure, located at 8447 Townsend Road, Roanoke, VA 24019. The property is zoned R1 Low Density Residential District and is located in the Hollins Magisterial District. Aleksandra Melson, spoke to the Board of Zoning appeals regarding her application. She explained that with her unique property there really was no other place to build a garage. She noted that a majority of the yard contains her septic system. She stated that there is no other place for her to place a garage. She apologized for not getting a building permit, she stated that they had hired a contractor. She explained that she was not aware that they did not have a permit until they received a letter from the County stating that it was a zoning violation. She stated that since learning she did not have a l BOARD OF ZONING APPEALS MINUTES AUGUST 17, 2022 permit, she has tried to do everything she can to make things right. She explained that it is located at a dead end. Mr. Thomas questioned if she considered getting a survey done before building. Ms. Melson noted that she did have the survey done and she gave a copy of it to the contractor. Mr. Richardson noted that they did receive a complaint from the neighbors specifically about the location of the garage. He encouraged the Board of Zoning Appeals to consider any possible other options that would place the applicant in compliance due to the active complaints. He noted that there did seem to be other alternatives available to the applicant. He suggested affixing the garage to the primary structure. Ms. Melson noted that she was told by her contractor that she would not meet the setback requirements if she placed the garage at the back of the property. She stated that she going off of the information told to her by her contractor, and restated that she was told that the place it ended up was the only place it could go. Mr. Jones opened the public hearing. Rose Townsend, 8460 Townsend Road, stated that her and her husband were not the complainants. She stated that they are senior citizens and have approximately 7 acres of property on Townsend Road. She stated that over the past few years they have had health problems. She stated they are concerned that the garage is too far over the property line. She noted that they are concerned about how this will affect the value of their property when it is passed down to their heirs. She noted that she is the person who stated that they liked the color of the garage. Gary Gerald, 8426 Townsend Road, noted that he can see the garage from his house. He noted that he does have some issues with the location, as it is not in conformance with the zoning ordinance. He struggles to believe that on the big lot there is no opportunity to place it somewhere else. He stated that it is not a dead end and that there is a road going through their property. He noted that they are located downhill from there, and the ditches were taken out. He noted that it is a dead end now, but it is a private road that is going through there. He explained that he does have concerns about its locations. He noted that it seems that it does seem the contractor is to blame. He would want to know why the contractor built it in the wrong place and did not ensure there was a permit. Deborah Poff, 8447 Townsend Road, stated that her property backs up to the private road on the applicant's property. She noted that she has concerns if she ever needs to gain access to the back of her property that she will not be able to with the secondary structure blocking the private road. She noted that it appears there is a tree in the road but knows it was not planted. She explained her main concern is regarding access to the back of her property should she ever wish to build back there. With no more citizens wanting to speak, Mr. Jones closed the public hearing. Page 2 of 3 ♦ BOARD OF ZONING APPEALS MINUTES AUGUST 17, 2022 Ms. Moore made a motion to deny the request for a variance which passed 3-0. AYES: Arthur, Jones, Thomas NAPES: Moore ABSTAINS: None Mr. Jones stated to the applicant that the decision of the Board of Zoning Appeals is appealable by an aggrieved party for up to 30 days. COMMENTS OF BOARD AND STAFF Ms. Lower informed the Board of Zoning Appeals that an administrative appeal upheld by them in May was appealed to the circuit court, in her opinion incorrectly. She filed a motion to dismiss on the Board of Supervisors' behalf, to have it dismissed procedurally. She noted that she would give them an update at their next meeting on the outcome of that hearing. ADJOURNMENT With no further discussion, the meeting adjourned at 7:16 p.m. Respectfully Submitt teed /, Oe Iia Thomas, ording Secretary anoke County Board of Zoning Appeals I/CCS R becca James, Secretary Roanoke County Board of ning Appeals Page 3 of 3