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HomeMy WebLinkAbout2/18/2004 - Minutes ROANOKE COUNTY BOARD OF ZONING APPEALS –MEETING MINUTES PUBLIC HEARING –FEBRUARY 18, 2004 PRESENT: Mr. Eric Thomas, Chairman Mr. Richard Jones Mr. Carlton Wright Mr. Eldon Karr Mr. Timothy Beard, Secretary Mr. Joseph Obenshain, Senior AssistantCounty Attorney Ms. Susan Carter, Recording Secretary Absent:Mr. Rodney McNeil Mr. Eric Thomas called the meeting to order at 7:01 p.m. APPROVAL OF AGENDA Mr. Karr moved to approve the agenda. Mr. Jones seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1.Variance requested by Alfred and Patsy Saunders of Section 30-32-3(B)1.a of the Roanoke County Zoning Ordinance to reduce the minimum front yard setback from 50 feet to 41 feet. The purpose of this request is to permit the relocation of an existing dwelling located at 3530 Simsmore Avenue, Vinton Magisterial District and to establish a deadline for compliance with the Deed Declaration of Variance Conditions set out May 27, 2002. Mr. Alfred Saunders, 3530 Simsmore Avenue,stated he is trying to get things together to bring the house into compliance. He stated none of the banks he contacted will issue him a bond on the house. Mr. Karr stated that the previous variance which was granted was to decrease the setback from 50feet to 45 feet. He asked Mr. Saunders to explain the reason he has requested to decrease the setback from 50 feet to 41 feet. Mr. Saunders stated he previously thought 45 feet would allow him to bring the house into compliance. He stated Mr. Hardy surveyed the property and found he would need to reduce the setback to 41 feet. Mr. Karr asked the petitioner if the variance is granted for 40 or 41 feet, when would the work begin and when will it be completed. Mr. Saunders stated if the variance is granted and weather permitting, the work would begin in a couple of st month with completion by June 1. Mr. Wright stated he had a problem with this request. He stated in 2002 the petitioner signed the variance with the condition which stated the property owners would offer a letter of credit or a cash bond. He stated recently Mr. Saunders had stated he would post a $5,000 bond to the BZA on 2/18/04. Mr. Wright told the petitioner his integrity was at stake. Mr. Saunders stated the first 1 year he planned to bring the house into compliance but he became disabled and did not have the $5,000 to move the house. Mr. Wright stated he is unsure if he can trust Mr. Saunders. Mr. Glenn Mitchell, 100 Staunton River Drive, stated Mr. Beard told him he would need 41 feet. He stated no one he has spoken with has heard of acquiring a bond. Mr. Karr stated a bond can also be in the form of cash. Mr. Mitchell stated he would write a check for the bond during this meeting. Mr. Wright asked Mr. Obenshain if it was acceptable for Mr. Mitchell to post the bond. Mr. Obenshain stated the check will need to be certified. He stated he would also write an agreement with a certain date the work is to be completed. He stated the county would not cash the check until the time expires in which he is to comply. He stated the check would only be cashed if the county has to pay to bring the property into compliance. He stated the county would hold the bond until the work is completed. Mr. Wright motioned to approve the request from 50 to 41 feet provided it is completed by June 1, 2004. Mr. Karr stated he will seconded the motion if the footage is increased to 40 feet. Mr. Beard stated it has not been advertised in this way. Mr. Jones agreed the variance should be increased to 40 feet. Mr. Obenshain stated this was acceptable since it is not substantial variation. He stated it is within the BZA's discretion to change. Mr. Jones stated it is better to err to the BRPS than for it to be necessary to meet her again on the same issue. The motion was approved with the following vote: AYES:Wright, Jones, Thomas, Karr NAYS:None ABSENT:McNeil APPROVAL OF MINUTES Mr. Jones moved to approve minutes of January 21, 2004. Mr. Karr seconded the motion. AYES:Wright,Jones, Thomas, Karr NAYS:None ABSENT:McNeil COMMENTS Mr. Obenshain stated if Mr. Saunders does not post the bond by Friday, the county will take action against him. He stated he reaffirmed with the petitioner that he is to comply by June 1, 2004. There being no further business, the meeting was adjourned at 7:18 p.m. 2 Respectfully Submitted, Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals 3