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HomeMy WebLinkAbout4/16/2008 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS MINUTES OF PUBLIC HEARING APRIL 16, 2008 (Note: Recording equipment for this meeting was not activated and there is no audio record.) BZA Members Present: Mr. Richard Jones, Chairman Mr. Kevin Barnes Mr. Eric Thomas Mr. Carlton Wright Mr. Eldon Karr Staff Present: Mr. Christopher Patriarca, Alternate Secretary Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. John Murphy Mr. Bill Richardson Ms. Becky Meador, Recording Secretary CALL TO ORDER Mr. Jones called the meeting to order at 7:00 p.m. APPROVAL, OF AGENDA Mr. Wright moved to approve the agenda, which carried unanimously. PUBLIC HEARING Mr. Bill Jones, Senior Vice - President of HomeTown Bank, 202 South Jefferson Street, Roanoke, presented the petition. He stated his company's desire to construct a sign that would be visible from all directions. The sign would be available to VDOT and the county for public emergency purposes as necessary. He noted that the property is below grade on Route 419. It was felt that tractor trailers, trees and vegetation, and topography of adjoining properties would impact visibility of the building. Mr. Wright noted that the initial plan proposed "no freestanding sign" and asked why it is being requested now. The Petitioner stated he felt it was due to lack of experience with this type of planning issue. Mr. Karr commented that the plan specifically states there would be no freestanding sign, which indicates signage was considered during the original planning phase. It was noted that the Petitioner applied for a twenty -five (25) foot sign in January of 2008; however, the request was withdrawn due to a staff error. This error was identified and corrected by Roanoke County Staff within a one (1) to two (2) day period. HomeTown Bank was notified of the error at the time it was identified. Mr. Wright stated during the site - viewing prior to the meeting, turning from Colonial Avenue onto Route 419, the building was very visible and there was nothing impeding the view. He inquired why signage could not be placed directly on the building. The Petitioner would like to construct a digital sign. Mr. Karr explained state guidelines regarding variances. He stated a hardship not shared by adjoining properties or that the property would not be usable would have to be shown. No hardship had been proven. The Petitioner stated they did not think about the property being below grade initially and they felt a sign(s) by code would not be visible. It was noted that Page 1 of 3 T:1Zoning\Board of Zoning AppealskKnutes120081April 16.doc ROANOKE COUNTY 13ZA MEETING MINUTES April 16, 2008 signs placed directly on buildings can be higher than the requested thirty (30) feet. A sign could be placed on each gable of the building for visibility from all directions. Mr. Karr inquired why they would be requesting special consideration in view of the bad press they have been receiving recently. He voiced being offended by HomeTown Bank's resistance regarding handicapped accessibility. The Petitioner noted they have complied with the ADA regulations and that these are two (2) different issues. Mr. Barnes noted that a hardship cannot be fiduciary- driven. He asked the Petitioner to explain their hardship, why they should be an exception to the rule, and what is unique about their situation. The Petitioner stated that the property is below grade and a freestanding sign would give the best visibility from all directions. Mr. Barnes stated that the restrictions were on the property at the time of purchase and he did not believe there to be a hardship as defined by the State Supreme Court. The Petitioner said that two (2) Board of Supervisors members told him the sign ordinance was not intended to put a hardship on a business. Mr. Karr stated his knowledge that the ordinance was not composed to create hardship and discussed the countywide concern regarding signage. He felt signs on the building would be less imposing and that digital signs have moved beyond time and temperature readings. He considered a digital sign more obtrusive. The Petitioner felt two (2) signs on the building gables would be more expensive than the one proposed. It was noted that the property was below grade when purchased by HomeTown Bank. Mr. Barnes inquired about a reason for variance given on the application regarding vegetation. He noted that all of the trees have been removed. It was unknown who cut the trees down, whether it was VDOT or the contractor for HomeTown Bank. Regardless, the impeding vegetation is no longer an issue. Mr. Jones requested that the petition be voted on as two (2) separate variance requests. Mr. Wright moved to deny the request to increase the sign height from fifteen (15) feet to thirty (30) feet due to the fact that the variance did not meet the necessary criteria for granting a variance. The motion was seconded by Mr. Karr. Mr. Patriarca called the roll and the motion passed 5 -0. AYES: Thomas, Jones, Wright, Barnes, Karr NAYES: None ABSTAIN: None Mr. Karr made a motion to deny the request to reduce the setback for a freestanding sign from fifteen (15) feet to zero (0) feet due to the fact that the variance did not meet the necessary criteria for granting a variance. This motion was seconded by Mr. Wright. Mr. Patriarca called the roll and the motioned passed 5 -0 AYES: Thomas, Jones, Wright, Barnes, Karr NAYES: Thomas ABSTAIN: None There were no citizens that requested to appear before the board. Page 2 of 3 TAZoning\Board of Zoning Appeals\Minutes120081April 16.doc ROANOKE COUNTY BZA MEETING MINUTES April 16, 2008 APPROVAL OF MINUTES for March 19 2008 Mr. Wright made a motion to approve the minutes. Mr. Thomas seconded the motion, which passed unanimously. COMMENTS Mr. Thomas asked for a moment of silence in observance of the first anniversary of the Virginia Tech tragedy. Mr. Patriarca stated there have been no applications submitted as of yet for the May Public Hearing. If none are received, the meeting will be cancelled. There being no further business, Mr. Jones adjourned the hearing at 7:32 p.m. Respectfully Submitted, Becky Meador ecor. ing Secretary Roanoke Cou ty Board of Zoning Appeals Christop Patriarca, Alternate Secretary Roanoke County Board of Zoning Appeals Page 3 of 3 T:IZoning�Board of Zoning Appea]sWnutes120081Apri1 16.doc