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HomeMy WebLinkAbout5/15/2013 - MinutesBZA Members Present: Mr. Eric Thomas Chairman Mr. Barry Beckner Mr. Richard Jones Mr. Eldon Karr Mr. Carlton Wright Staff Present: Mr. John Murphy, Secretary Ms. Ruth Ellen Kuhnel, Senior Assistant County Attorney Mr. Chris Patriarca Ms. Susan McCoy, Recording Secretary CALL TO ORDER Mr. Thomas called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Jones 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 January 16, 2013, minutes. Mr. Beckner seconded the motion, which passed 5-0. PUBLIC HEARING The petition of a variance requested by E. Glenn Mayhew of Section 30-33-3(B)1 b of the Roanoke County Zoning Ordinance to allow for the construction of an accessory structure in front of the front building line of an existing primary structure and to establish a minimum front setback for the proposed structure of 17 feet. The purpose of this request is to construct a detached garage located on an adjacent parcel (090.00- 03 -15.05 -0000) to be combined with the parcel containing the primary residential structure (090.00-03-15.04-0000), located at 4530 Windy Gap Drive, Vinton Magisterial District. Mr. Chris Patriarca wrote the staff report and was present to answer questions regarding the variance request. Mr. Glenn Mayhew, 4530 Windy Gap Drive, stated would like to build a two car garage on the adjacent lot but due to topographical issues he will need to move it closer towards the street beyond his front building line. Mr. Thomas asked the petitioner if he plans to merge the two parcels. Mr. Mayhew affirmed that he does plan to join the parcels. Mr. Patriarca stated if the petitioner constructs a breezeway to connect the structures, he does not have to vacate the property line. Mr. Karr inquired about existing primary structure being located on the side property line, noting the house may be in violation. Mr. Mayhew stated when he acquired the building permit for the BOARD OF ZONING APPEALS MINUTES MAY 15, 2013 property he was told by staff that the building line would automatically be vacated if the house was on the building line. Mr. Karr noted if deed was recorded without the property line, the line needs to be vacated. Mr. Karr stated topographical issues are a hardship for the petitioner. He stated the proposed 17 foot setback in lieu of the 30 foot setback is questionable. He discussed the 50 foot VDOT right-of-way and the closeness of the pavement to the property line. He stated the property dimensions may need to be clarified by a survey. Mr. Mayhew, Mr. Patriarca, and the Board reviewed the survey and Route 116 right-of-way. Mr. Thomas discussed the topography of the property. Mr. Jones discussed the current utility easement. Mr. Thomas opened the public hearing for public comment With no citizens requesting to speak, Mr. Thomas closed the public comment portion of the meeting. Mr. Patriarca and the Board discussed adding a condition regarding vacation of the property line. Mr. Murphy and the Board discussed setback regulations regarding easement locations. Mr. Wright made a motion to approve the variance request with one condition based on the findings: the property was acquired by the owner in good faith, that the property is an unusual shape, topography, and a strict application of the zoning ordinance would affect the use of the property, such hardship is not shared generally by other properties in the same zoning district and the same vicinity, the authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by granting the variance. The motion included the following condition: The property line between the two parcels shall be vacated. Mr. Karr seconded the motion which passed with the following vote: AYES: Beckner, Jones, Karr, Thomas, Wright NAYES: None ABSTAIN: None Mr. Wright requested that the petitioner not be charged fees if he requests an additional variance for the front setback on the property. Mr. Murphy stated he would work with Mr. Mayhew if a change was necessary. COMMENTS Mr. Gary Greer, 7435 Chickasaw Drive, expressed concern regarding permitted locations and regulations of manufactured homes. He also discussed issues regarding Page 2 of 3 BOARD OF ZONING APPEALS MINUTES MAY 15, 2013 the building permit process. He stated regulations should be more stringent regarding manufactured homes. Mr. Thomas informed Mr. Greer about the purpose of the Board of Zoning Appeals, noting they are not able to assist him with his concern. He suggested Mr. Greer discuss these issues with the Board of Supervisors and County Administrator. Mr. Murphy stated the BZA Public Hearing scheduled for June 19, 2013, has been canceled since no petitions have been received. There being no further business, Mr. Thomas adjourned the meeting at 7:29 p.m. Respectfully Submitted, Susan McCoy, Recording ge tary Roanoke County Board of Zoning Appeals John Murphy, Secretary Roanoke County Board of Zoning Appeals Page 3 of 3