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HomeMy WebLinkAbout9/20/2023 - Minutes V2tr County of Roanoke S a BOARD OF ZONING APPEALS 1838 ROANOKE COUNTY BOARD OF ZONING APPEALS Wednesday, September 20, 2023 PUBLIC HEARING MINUTES BZA Members Present: Mr. Richard Jones, Chairman Mr. Eric Thomas, Vice-Chairman Mr. Jeffrey Armstrong Ms. Charlotte Moore Staff Present: Ms. Rebecca James, Secretary Mr. William Richardson, Alternate Secretary Ms. Rachel Lower, Deputy County Attorney Mr. Nathan Grim, Transportation Planner 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 approve the agenda, which passed 4-0. Mr. Jones requested to move the Consent Agenda to item F as part of the Comments of Board and Staff. APPROVAL OF MINUTES Mr. Armstrong made a motion to pass the June 26, 2023 minutes, which passed 4-0. PUBLIC HEARING 1. The petition for a variance requested by Charlie Wilson of Section 30-32-3 of the Roanoke County Zoning Ordinance to build a primary structure (house) behind the existing accessory structure (barn), located at 10231 Fortune Ridge Road, Bent Mountain, VA 24059. The property is zoned AG3 Agricultural/Rural Preserve District and is located in the Windsor Hills Magisterial District. Mr. Charlie Wilson, 1095 Bent Mountain Road, presented his case for requesting a variance. He stated that tearing down the existing barn or moving it to the top of the hill when he wants to build his house close to the hill creates a hardship. Mr. Richardson presented the staff report on the variance application. Mr. Richardson noted that Mr. Wilson has a process in mind with Roanoke County staff. Mr. Richardson explained that the applicant was told that he would not be able to build a primary structure if the accessory structure remains where it currently exists. Mr. Richardson stated that as a Roanoke County structure does not meet the requirements of the zoning ordinance. Mr. Jones questioned if the petitioner was made aware of a financial hardship and how a hardship is defined by the Board of Zoning Appeals, which Mr. Richardson confirmed. Mr. Jones asked Mr. Wilson if he would be willing to have the application tabled to explore other options. BOARD OF ZONING APPEALS MINUTES SEPTEMBER 20, 2023 Mr. Jones opened the public hearing. Irma Saunders, 10230 Fortune Ridge Road, explained that Mr. Wilson has been across the street from her for a while now and that they have become very good friends. She explained that he was very respectful about when he worked on the existing barn. She was devastated when she heard about him being required to build the home near the road because she would prefer to have the field to enjoy the wildlife. She urged the Board of Zoning Appeals to approve his request so that he can have his life dream to live on the ridgeline of the property. Mr. Jones closed the public hearing. Mr. Jones asked if Mr. Wilson would be open to having his application tabled for 30 days so he could meet with staff to discuss other possible locations to build his home that would not require a variance. Mr. Wilson noted that he did not understand. Mr. Jones noted that while on the site visit, it became apparent to the Board of Zoning Appeals that there were other options for building his home that would not require a variance request. Mr. Wilson agreed. Mr. Jones made a motion to table the variance until October 18, which passed 4-0. AYES: Moore, Thomas, Armstrong, Jones NAYES: None ASTAINS: None 2. The petition for a variance requested by E. Glenn Mayhew of Section 30-33-3(B) of the Roanoke County Zoning Ordinance to allow for construction of an accessory building (detached garage) five feet from the front property line, located at 4530 Windy Gap Drive, Roanoke, VA 24014. The property is zoned AG1 Agricultural/Rural Low Density and is located in the Vinton Magisterial District. Mr. Glenn Mayhew presented his request for a - variance. Mr. Mayhew noted that Windy Gap'Road is a private road. He explained there is no HOA. He explained no physical changes to the design have been made since the original variance was granted ten years ago. Mr. Richardson presented the staff report for the variance request of Mr. Mayhew. Mr. Richardson noted that he and Mr. Mayhew have measured the property to explore other alternatives. Mr. Richardson explained that it is believed there was an error with the starting point for measurements for the original variance request. He explained that this request is in effort to clarify and approve the intent of the original variance in 2013. Mr. Armstrong questioned what is the actual distance requirement per the Roanoke County Zoning Ordinance for principal structures which was answered as 30 feet by Mr. Richardson. Mr. Jones questioned the difference from the 17 feet from the road compared to the 5 feet from the property line. Mr. Richardson clarified that the original development was a smaller accessory building. This accessory building has an additional bay on it, so it is a Page2of3 BOARD OF ZONING APPEALS MINUTES SEPTEMBER 20, 2023 modification. Mr. Armstrong asked if Mr. Mayhew had considered pricing the structure further back on the property. Mr. Mayhew noted that he had not. Mr. Jones opened the public hearing, and with no citizens wishing to speak, closed the public hearing. Mr. Armstrong made a motion to approve the variance, which passed 4-0. AYES: Moore, Thomas, Jones, Armstrong NAYES: None ASTAINS: None CONSENT AGENDA AND COMMENTS OF BOARD AND STAFF Mr. Andrew Riley from the Roanoke City Board of Zoning Appeals was in attendance. He noted that he is moving to Roanoke County, and loves the area. Ms. Rebecca James presented the consent agenda for October. ADJOURNMENT With no further discussion, the meeting adjourned at 7:30 p.m. Respectfully Submitted, ‘..7,teelezA- celia Thomas, ecording Secretary Roanoke County Board of Zoning Appeals — p� becca James, Secretary Roanoke County Board of Z ing Appeals Page 3 of 3