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HomeMy WebLinkAbout7/17/2024 - Minutes F POApO�� �,, County of Roanoke low \ _ . BOARD OF ZONING APPEALS 1838 Wednesday, July 17, 2024 PUBLIC HEARING MINUTES BZA Members Present: Mr, Richard Jones, Chairman Mr.:Eric Thomas, Vice-Chairman Mr. Jeffrey Armstrong BZA Members Attending via phone:.: : Ms: Charlotte Moore: Staff Present: Ms. Rebecca James, Secretary Mr. William Richardson, Alternate Secretary Ms. Rachel Lower, Deputy County A ttorne Y Mr. Jason Nowak, Planner Ms.Cecelia Thomas, Recording Secretary: CALL TO ORDER Mr. Jones called the meeting to order at 7:01 p.m. APPROVAL OF AGENDA The agenda was approved unanimously by staff. REMOTE PARTICIPATION POLICY Ms: Lower presented the Remote Participation Policy. Mr. Armstrong made a motion to approve the e : emote Participation Policy, which passed Ms: Lower noted that Ms. Moore had a medical procedure earlier today and will be from her.home in Roanoke:Countyvia hone: participating P... • - APPROVAL OF MINUTES Mr. Armstrong made a motion to approve the October 18, 2024, which passed 3-0-1 with Mr. Thomas abstaining. Mr.:Armstrong made amotion to approve the December 13, 2024, which passed 3-0-1 - with Ms. Moore abstaining. PUBLIC HEARING 1. The petition for a variance requested by Donald W. and Judith K. Sublett of Section 30 41-3(B)4 of the Roanoke County Zoning Ordinance to reduce the required front yard setback from 30 feet to 8 feet, 2 inches to construct_an attached addition on a corner lot The property is located at 4544 Hammond Lane, Roanoke, VA 2401.8 The property is zoned R-1,Low Density Residential District, and is located in the Cave Spring Magisterial:District. BOARD OF ZONING APPEALS MINUTES JULY 17, 2024 Mr. Richardson reviewed the history of the variance application. He noted that the purpose of this variance request is for permission to construct a 20x23 foot garage that would encroach on the 30-foot setback by 22 feet leaving an 8 foot setback instead of the required 30 feet. Mr. Richardson noted that staff and the Subletts have discussed the variance process and various options. He noted that in the backyard there is a sewer line and a stormwater easement that does impact the complete use of their property. However, this is a location that they have determined would suit their needs the best. Mr. Richardson noted that he would allow the applicant to present their motivations to choose this option. He noted that the County is required to receive an application if a Roanoke County resident which we have done. He noted that it is our responsibility to explain the process and to council them on previous variance applications and procedures which he noted staff has done. Mr. Donald Sublett and Ms. Judith Sublett noted that they have owned the house at 4544 Hammond Lane for 36 years. She explained that they originally bought the home so their son would have a yard to play in because he had a babysitter who was wonderful. However, the babysitter lived in an apartment and did not have a yard for their son to play in. Ms. Sublett noted that the babysitter raised a lot of children in that yard. Ms. Sublett noted that her father, who died a year ago, had a house a few houses up from this one. She stated that the neighborhood is so nice that many families have two houses where a child and a parent watch out for each other as they grow old. She explained that as a result of that she is very aware that as you grow older you are able to do less and less for yourself. She explained that they looked at this home and compared it to the house they are currently living in which is a bi-level. She noted that her husband has some heath issues that make it harder for him to go up and down the stairs. She noted that they looked around and could not find a house that they liked better than the house they owned on 4544 Hammond Lane. She noted that the only thing the home on Hammond Lane is missing is a garage. They would like a garage so they can safely get from their car to their home in a safe environment, whether that be someone misbehaving or the weather. She noted that they are very aware that one of the main causes of death for older people is falling. She noted that luckily Roanoke does not appear to have this problem, but in other cities people seem to hit each other in the face for no reason. She noted that for their safety and concerns they would like to age in place. Mr. Armstrong questioned if they were originally aware when they purchased the house of the setback requirements. Ms. Sublett noted that they were not originally aware of the issue of two front yard setbacks on their corner lot. Mr. Armstrong questioned how long they have lived at this location. Ms. Sublett noted that their primary residence is at 5387 Penguin Drive. She noted that they bought this house in 1985 and they rented the home to a couple for years before they both passed away. She explained that they the thought the husband would die first. However, the wife passed away and the husband lived in the house alone for 10 years before falling in the driveway. He then went to live in a nursing home during COVID and died alone within three days of being there. She noted that the way things played out, and how they were so glad that they were able to take care of her father in his home—Her husband would stay in this home so that he could help her take care of her Page 2 of 4 BOARD OF ZONING APPEALS MINUTES JULY 17, 2024 father. They explained that it is 10-15 minutes from their primary residence to this house. She noted that her husband really liked the house and living there due to the lack of stairs. Mr. Armstrong questioned how they came to the decision to build the garage in the proposed location. Ms. Sublett noted that the house has three doors: the front door, the kitchen door, and a basement door. She noted one contractor talked to them about moving the stairs to the basement and creating an entrance through their dining room. She explained that is very expensive and the dining room is very small. She explained that as they looked at the house and talked to contractors that seemed to be the most logical place without breaking the bank. Mr. Armstrong questioned if the Subletts were made aware by the architects that they talked to that the proposed location would encroach on required setbacks. Ms. Sublett noted that she did not think that they needed to, they already knew. Mr. Armstrong questioned if they had priced with contractors what it would cost to build the garage in a location that would be acceptable per the zoning ordinance. Ms. Sublett noted that they have. Mr. Armstrong questioned the difference between the costs. She noted that the different costs were based on a proposed two car garage in an area within the required setbacks that would consist of moving the stairs and require them to tear up her dining room or their proposed location of a 20x23 foot garage that would require a variance. Mr. Armstrong questioned if the applicants were aware of the questions that the Board of Zoning Appeals has to answer to grant a variance. Ms. Sublett noted that she was aware. Ms. Sublett questioned if there were any points that they would be able to answer to help get the variance granted. Ms. Moore noted that she believes that they have done everything they can to come into compliance with the Roanoke County zoning ordinance. Mr. Jones opened the public hearing, and with no one wishing to speak, closed the public hearing. Ms. Moore made a motion to approve the variance, there was no second. Mr. Jones commented that he has been on the Board of Zoning Appeals for many years and they have had many corner lots come up. He noted that this is an extreme to what they have granted. In order to bring it to a vote though, he noted that he would second the motion so they can go forward. AYES: Moore NAYES: Armstrong, Thomas, Jones ASTAINS: None Mr. Jones noted that he would like to see the studies that show that the Subletts meet the requirements of a hardship. Ms. Sublett questioned if it was possible for the Board of Zoning Appeals to give them some ideas. Mr. Jones answered no, as a Board they are charged with not doing that. However, the board can request staff to work with the applicant. Ms. Sublett noted that she believed a contractor, who proposed the two car garage in the back, had spoken with Mr. Richardson about Stormwater in their backyard. She asserted that the contractor told Mr. Richardson that they do not have as much room in their backyard as it appears they do. She noted that they also do not want to build a garage in the backyard because they enjoy the green. She believes that the Page 3 of 4 BOARD OF ZONING APPEALS MINUTES JULY 17, 2024 open space in the backyard is good for the stormwater. Mr. Sublett questioned if they build a garage in the backyard, and they need to access the drains for stormwater if they would tear up their garage. Mr. Jones noted that they would not be allowed to build a garage over a stormwater easement, so that would not be a problem. Ms. Sublett noted that they were not able to live in the home when they were doing work on the stormwater drain. Ms. Sublett believes that open space is essential to them being able to access the storm drain. Plus, it would be extra money to build a garage in a place that is not convenient. Mr. Sublett noted that he did not get a letter from his doctor, but his doctor would be willing to provide one. Mr. Thomas noted that one of the things that they have to consider regarding granting a variance is that they cannot consider financial hardship. Mr. Thomas noted that as long as there are other options that will meet the zoning ordinance, then they can not grant a variance. Mr. Armstrong noted that as a quasi-judicial body they are required to follow rules when granting a variance. Mr. Jones noted that they could request to continue the public hearing. Mr. Jones noted that if staff came up with a report that showed that no other options would work, then they would be able to consider approving the application. Mr. Armstrong made a motion to continue to the August 21, 2024 meeting at 7 p.m. AYES: Moore, Armstrong, Thomas, Jones NAYES: None ASTAINS: None COMMENTS OF BOARD AND STAFF No comments. ADJOURNMENT With no further discussion, the meeting adjourned at 7:37 p.m. Respectfully Submitted, Cecelia Thom , Recording Secretary oanoke County Board of Zoning Appeals Ie,6c.c-u- �' ebecca James, Secrets Roanoke County Board of oning Appeals Page 4 of 4