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HomeMy WebLinkAbout10/18/2023 - Minutes \y County of Roanoke BOARD ,OF ZONING APPEALS Wednesday, October 18, 2023 PUBLIC HEARING MINUTES BZA Members Present: Mr. Richard Jones, Chairman Mr. Jeffrey Armstrong Ms. Charlotte Moore _BZA Members_Absent: Mr. Eric Thomas, Vice-Chairman Staff Present: Ms. Rebecca James, Secretary Mr. William Richardson, Alternate Secretary Ms. Rachel Lower, Deputy County Attorney Mr. Lionel Cruz-Cruz Ms r.ecelia_Thomas, Recording_Secreta y CALL TO ORDER Mr. Jones called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA • Mr. Armstrong made a motion to approve the agenda, which passed 3-0. APPROVAL OF MINUTES Ms. Moore made a motion to approve the September 20, 2023 minutes, which passed 3-0. 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. (WITHDRAWN BY APPLICANT) 2. The petition for a variance requested by James and Angela Wooten of Section 30-41-3(B) of the Roanoke County Zoning Ordinance to install an accessory structure in front of the front building line of the principal structure, located at 1248 Terrace Drive, Salem, VA 24153. The property is zoned R-1 Low Density Residential District and is located in the Catawba Magisterial District. Mr. Lionel Cruz-Cruz presented the staff report. Mr. Armstrong questioned the concept plan and if the setbacks on the side of the property are acceptable, which was confirmed by Mr. Cruz-Cruz. Mr. James Wooten, 1240 Terrace Drive, corrected that he does not intend on putting in a.concrete pad and will be putting in gravel. He noted that with the way that the property line is, he would not be able to build the structure behind the front building line. Mr. Wooten noted that since the application was submitted the two properties have been combined. Mr. Armstrong questioned if there is a reason that the structure could not be built further back. Mr. Wooten noted that the topography changes toward the back-of the-properties.-Mr. Armstrong questioned-if Mr. Wooten is - planning to provide any utilities, which Mr. Wooten noted he will have electricity to keep his RV charged. Mr. Armstrong questioned what kind of roof Mr. Wooten is intending to have over the structure. Mr. Wooten noted he is planning on having a roof to protect the. camper from branches. Mr. Jones questioned the setback from the house to the street. Mr. Cruz-Cruz rioted that the closest front corner of the primary structure tothe street is how that distance for the setback is measured. Mr. Armstrong questioned the measurement now that the properties are combined if that would bring him closer to meeting the setback requirements. Staff concluded that the applicant would need to have a surveyor remeasure the property to determine if he would be closer to meeting setback requirements. Mr. Jones,opened the public hearing, and with no one wishing to speak, closed the public hearing. Mr. Armstrong would like to see the accessory structure as close to the required setback as possible. He requested that the applicant work with staff and have his property setbacks.remeasured. Mr. Armstrong made a motion to continue the variance, which passed 3-0. AYES: Moore, Armstrong, Jones NAYES: None ASTAINS:None 3. The petition for a variance requested by Jonathan and Kathryn Horin of Section 30-33-3(B) of the Roanoke County Zoning Ordinance to modify side yard setback on the west side of the property from 20 feet to 10 feet located at 7034 Campbell Drive, Salem, VA 24153. The property is zoned AG-1 Agricultural/Rural Low Density District and is located in the Catawba Magisterial District. Mr. Bill Richardson presented the staff report. Ms. Kathryn Horin presented their request for a variance request due to the hardships of safety concerns for the build and the habitancy, and topography. Ms. Horin noted that to buy land to the east or west to meet the side yard setback, their neighbors would have to move their driveways to sell them land. Ms. Moore questioned if they had talked with their neighbors about purchasing ten feet of land.Mr. Horin noted that they spoke to their neighbor to their east, and they would be encroaching on their driveway. Mr. Jones opened the public hearing, and with no speakers, closed the public hearing. Mr. Armstrong mentioned that five feet is better than ten feet, and asked if there is a possibility if they can modify it to 15 foot setback rather than a 20 foot setback. Mr. Page2of3 Horin noted that they would prefer to have more space, but they could go down the drop off a few feet. They noted they are willing to build on the slope. Ms. Horin noted that they will have to engineer retaining walls, so they are not exactly sure what the setback requirement will be, so they did not want to limit themselves to five feet for the safety of the retaining wall. Mr. Horin concluded that their plan is not necessarily to take advantage of the full ten foot boundary but to request the full ten foot setback to have the house be consistent with the neighborhood. Ms. Moore made a motion to approve a variance request for a reduced setback of 15 feet, which passed 3-0. . AYES: Moore, Armstrong, Jones NAYES:_None ASTAINS: None Deputy County Attorney Update on Virginia Code Section 15.2-2204 Notice Requirements Ms. Lower presented the updates to the Virginia Code regarding notice requirements. COMMENTS OF BOARD AND STAFF No comments. ADJOURNMENT With no further discussion, the meeting adjourned at 8:03 p.m. Respectfully Submitted, 7L?DILI% J�, �- celia Thomas, ording Secretary Roanoke County Board of Zoning Appeals 115, rra AA4 CVIA‘-f'S becca James, Secretor)/ . . Roanoke County Board of Zoning Appeals Page3of3