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HomeMy WebLinkAbout10/20/2004 - Minutes ROANOKE COUNTY BOARD OF ZONING APPEALS –MEETING MINUTES PUBLIC HEARING –OCTOBER 20, 2004 PRESENT: Mr. Eric Thomas, Chairman Mr. Richard Jones Mr. Carlton Wright Mr. Eldon Karr Mr. Kevin Barnes Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. Timothy Beard, Secretary Ms. Susan Carter, Recording Secretary Mr. Thomascalled the meeting to order at 7:00p.m. APPROVAL OF AGENDA Mr.Wrightmoved to approve the agenda. The motion was seconded by Mr.Jones, which carried unanimously. PUBLIC HEARING PETITION 1.Variance requested by David Pugh, DP Designs PC of Section 30-42-3(B)1.a and Section 30-23-3 of the Roanoke County Zoning Ordinance to reduce the minimum setback from 30 feet to 16 feet. The purpose of this request is to construct an addition to the existing building located at 4493 Bonsack Road, Vinton Magisterial (CONTINUED FROM SEPTEMBER 15, 2004) District. Mr. David Pugh, DP Designs PC stated he had re-evaluated this site. He proposed moving a portion of the main structure back 15 feet. He stated the remaining need is an adequate egress from the main sanctuary. He stated they will need not less than 24 feet and not more than 32 feet from the building. Mr. Jones asked if the 32 feet was the exact dimension of the distance from the building. Mr. Pugh stated it is approximately 24 feet. Mr. Barnes inquired about the location of the stairwell. Mr. Pugh explained the changes to the concept plan. He stated the building, which was constructed in the 1980’s,did meet setback requirements in place at that time. He stated the setback requirements in the ordinance changed making this property non-compliant. Mr. Jones requested advice on the legality of modifying the request. Mr. Obenshain stated the amended request is lessof a variance. He stated it was his opinion the BZA was within its authority to amend the request. Mr. Wright motioned to approve the requested variancebased on the exceptional topography and the existing building is already in violation, and the petitioner has reduced the amount of the variance requested. Mr. Jones seconded the motion with the following vote: AYES:Thomas, Jones, Karr, Wright, Barnes NAYS: ABSENT: 1 2.Variance requested by K & K Rentals, LLC and Paul W Yengst, Jr. and Mary Lynn Yengst of Section 30-93-13(D)4 of the Roanoke County Zoning Ordinance to reduce the existing freestanding sign setback from 15 to 1(one) foot. The purpose of this request is to relocate an existing sign in order to improve its visibility located at 3426 Brambleton Avenue, Cave Spring Magisterial District. Mr. Ed Natt, Esquire, spoke representing the petitioners. He provided a brief history of the requested variance. He stated the two primary issues creating a hardship for the petitioners. He statedthe first problem is visibility of the sign. He stated the current sign is behind a large tree onthe adjoining owner’s property. He stated it is hardly visible when traveling south on Brambleton Avenue from Roanoke City. He stated the second issue would be when Brambleton Avenue was widened the petitioners’side of the road was taken by VDOT.He stated previously there was no retaining wall. He stated less front yard is now available for signage placement. He presented and explained pictures of the site to the boardmembers. He stated if the sign is allowed to berotated,it will be 7 ½ feet from the pavement. He described other signagelocated in the area. Mr. Thomas asked about trees on Leisure Publishing property. Ms. Cindy King stated they had removed several trees from their property. Mr. Barnes asked if the petitioner had spoken to Leisure Publishing about their driveway. Mr. Natt stated their entrance is located on the other side of the building. Mr. Karr inquired about the signage request. Mr. Natt stated the petitioner does not want to increase the size of the sign but only relocate the sign. Mr. Jones asked about using a monument sign. Ms. King stated the retaining wall prohibits visibility of a monument sign. Mr. Karr asked about existing directional signage. Ms. Kingexplained placement of current directional signs. Mr. Barnesmotioned to approvethe requested variancebased on the exceptional retaining wall and a strict application of the County’s Zoning Ordinance would unreasonably restrict use of the property by the owner. Mr. Karrseconded the motion with the following vote: AYES:Thomas, Karr, Barnes NAYS:Jones, Wright ABSENT: REQUESTS FOR RECONSIDERATION 1.Variance requested to by Shashi, Inc. of Section 30-93-13(E)5 of the Roanoke County Zoning Ordinance to increase the freestanding sign height from 35 feet to 65 feet. The purpose of this request is to improve visibility of the existing sign located at 1671 Skyview Road, Catawba Magisterial District. Mr. Pramod Sharma requested that the board reconsider his variance request. Mr. Karr made a motion to reconsider the variance. Mr. Jones seconded the motion. 2 AYES:Thomas, Jones, Karr, Wright, Barnes NAYS: ABSENT: APPROVAL OF MINUTES Mr. Jonesmoved to approve minutes of September 15, 2004with changes. The motion was seconded by Mr.Wright, which carried unanimously. COMMENTS There were no comments There being no further business, the meeting was adjourned at 7:28 p.m. Respectfully Submitted, Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals 3