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HomeMy WebLinkAbout9/17/2003 - Minutes ROANOKE COUNTY BOARD OF ZONING APPEALS –MEETING MINUTES PUBLIC HEARING –SEPTEMBER 17, 2003 PRESENT: Mr. Eldon Karr, Chairman Mr. Rodney McNeil Mr. Eric Thomas Mr. Richard Jones Mr. Carlton Wright Mr. Timothy Beard, Secretary Mr. David Holladay Ms. Susan Carter, Recording Secretary Mr. Karr called the meeting to order at 7:01 p.m. APPROVAL OF AGENDA Mr. Wright moved to approve the agenda. Mr. Jones seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1.Variance requested by Myron Cole of Section 30-41-3(B)2.a of the Roanoke County Zoning Ordinance to reduce the minimum principal structure side yard setback from ten feet to five feet. The purpose of this request is to construct an attached garage onto the residence located at 6305 Bunker Lane, Hollins Magisterial District. th Mr. Myron Cole, 560 South 8Street, Wytheville, VA, stated the homeowner currently resides in Florida. He stated he wants to upgrade the property by enclosing the current carport, creating a 12' x 25' garage. He stated a corner lot limits using the lot freely. Mr. Wright asked Mr. Cole to explain the hardship of this petition. Mr. Cole stated the homeowner is not able to use his land as desired. He stated other lots are not as restrictive. He stated other homes in the subdivision have additions and garages. Mr. Wright stated other lots in the area do not have the lot size needed to have a garage. Mr. McNeil suggested placing the garage behind the house. He stated the owner would still be encroaching on the setback. Mr. Wright noted the original carport was non-conforming. Mr. Mark Alan Harman-Buseman, 1850 Brightwater Boulevard, St. Petersburg, Florida, stated he did not know the house was in violation at the time of purchase. Mr.Karr reviewed the Zoning Ordinance regulation. He stated the BZA is empowered to grant a variance to the ordinance when a hardship is determined. He noted improving the property is not a hardship. Mr. McNeil again stated the garage could be put behind the house if the survey is accurate. Mr. Cole stated the addition is not to scale on the drawing. He explained the property layout to the board. Mr. Buseman stated building the garage behind the house would block the window and door of the new addition. Mr. Wright stated since the restrictions which apply to this property apply to the entire subdivision, no hardship has been proven. Mr. Wright motioned to deny the requested variance. Mr. Thomas seconded the motion with the following vote: 1 AYES:Jones, Wright, McNeil, Karr, Thomas NAYS:None ABSENT: None 2.Administrative Appeal requested by William Michael and Doris Robertson of the Zoning Administrator's decision disallowing a single-wide manufactured home to remain onsite with a single family detached dwelling located at 3200 Absalom Smith Road, Catawba Magisterial District. The purpose of this request is to modify the manufactured home into a storage building. Ms. Doris Cox Robertson and William Michael Robertson, 3200 Absalom SmithRoad, spoke regarding the petition. Ms. Robertson provided a plat and pictures of the property for the board members to review. She stated the builder recently informed them the mobile home would need to be removed upon completion of their Town & Country modular home. She noted this stipulation is written on the building permit. She stated they were not informed of this issue until very recently. She stated the new home does not have a basement. She gave a history and explanation of the health challenges from which both of petitioners continue to suffer. She stated the new home will have minimal steps and a single floor living area. Mr. Robertson provided further explanation of their illnesses. He stated the new home will be handicapped accessible. Ms. Robertson noted the home will be equipped with an external ramp and minimal steps. She stated they do not intend to set a precedent in the county by being allowed to keep the mobile home on the property. She stated they will be using the structure for storage only. She stated they will remove the plumbing hook-up and fixtures and run the existing well to the new home. Mr. Robertson stated they want to make the mobile home look similar to their new home by adding siding and shutters. He stated they will remove the tongue, remove the wheels, and surrender the title to DMV. He offered to sign a document allowing county officials to inspect the property at anytime. He stated he is trying to take care of his wife in the event of his death. He stated the structure would also be an asset to the community. He noted since his driveway is approximately one-fourth of a mile long, his house cannot be seen from the main road. Mr. Wright expressed sympathy for the petitioners. He stated since the removal of the mobile home was written on the building permit, they should have investigated the stipulation. Ms. Robertson stated since Ferguson Builders acquired the building permit, they were unaware of the stipulation. She stated eventually TP Parker informed them of this requirement. Mr. Robertson stated they previously tried to sell the mobile home but the potential purchaser changed her mind about the mobile home. Ms. Robertson stated a sharp curve in the driveway would make navigation difficult. Mr. Robertson stated the Zoning Administrator, David Holladay, informed them they could disassemble the trailer and reconstruct it as a storage building. He noted that remedy would not be monetarily feasible. He stated he had made many improvements to the mobile home to insure integrity of the structure. Mr. McNeil stated he was sympathetic to their problems but the Administrative Appeal was regarding the Zoning Administrator's Decision only. Mr. Karr noted the mobile home and the new home appear to be on the same level. He suggested adding a breezeway to connect the two structures. Mr. Richard Delong, Town & Country Homes, stated progress has been delayed by the weather. He stated the property owners did not know they would have to remove the mobile home. He stated the property has now been backfilled which would significantly increase the difficulty of removing the mobile home. Mr. Wright asked who wrote the information on the Building Permit Application. Mr. Beard stated the Clerk wrote the information and Mr. Ferguson signed the application. Mr. Karr asked Mr. Holladay to approach the podium. Mr. McNeil requested an explanation of this particular regulation. Mr. Holladay explained Section 30-100-5, the 2 regulation which restricts the number of homes allowed per lot in various zoning districts. He also reviewed permitted accessory uses in Section 30-88-2 . Mr. McNeil asked if the type of structure is a problem. Mr. Holladay affirmed if it was a 'stick-built' storage building it would be allowable in this area. Mr. Karr stated the ordinance is unclear regarding this issue. A citizen, Ms. Anne Marie Vish, 3464 Colonial Avenue, questioned if the structure could be approved under Section 30-80-2. Mr. Karr stated the issue is the type of structure. Mr. Robertson stated he has reinforced the floor, added insulation, installed new trusses, and applied a new roof to the mobile home in order to strengthen the structure. Mr. Wright noted the board has been asked to agree or disagree with the Zoning Administrator's decision. He stated if the decision was to be reversed, others may circumvent this portion of the ordinance. Mr. Wright motioned to uphold the Zoning Administrator's decision. Mr. Jones seconded the motion with the following vote: AYES:Jones, Wright, McNeil, NAYS:Karr, Thomas ABSENT:None Mr. Robertson asked the board to explain the reason for denial of the petition. The petitioner's mother spoke out stating she wanted to know the purpose of the ordinance. She noted other properties in the area are in violation of the Zoning Ordinance. Mr. Karr explained the purpose of the ordinance. Mr. Karr stated the BZA's decision is not only regarding this particular case but the entire county. Ms. Robertson stated the ordinance needs to be fine-tuned. Mr. Jones suggested several options for the petitioners to pursue in order to keep the mobile home on premises. Mr. Karr agreed the petitioners have several options. Mr. Robertson expressed concern regarding the cost of pursuing these options. Mr. Delong explained the differences between a mobile home and a stick-built home including modular homes. Mr. Robertson expressed concern regarding their construction loan if the other options cause further delay. Mr. Robertson noted their next door neighbors will not allow them to remove the mobile home through their yard. APPROVAL OF MINUTES Mr. McNeil moved to approve the minutes of July 16, 2003. Mr. Wright seconded the motion which carried unanimously. COMMENTS Mr. Beard reviewed a letter regarding the Saunders case. He provided an update on the progress of the case. Mr. Beard provided an update on the Johnson Boat case. He stated the Johnson's boat has reappeared and is currently in violation of the Zoning Ordinance. Mr. McNeil expressed concern regarding enforcement of decisions made by county officials. Mr. Karr requested Mr. Beard follow-up on the request made to Mr. Joe Obenshain, County Attorney, to acquire information regarding the method of appointment of BZA members in other localities in Virginia. 3 There being no further business, the meeting was adjourned at 8:37 p.m. Respectfully Submitted, Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals 4