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HomeMy WebLinkAbout12/17/2003 - Minutes ROANOKE COUNTY BOARD OF ZONING APPEALS –MEETING MINUTES PUBLIC HEARING –DECEMBER 17, 2003 PRESENT: Mr. Eric Thomas Mr. Rodney McNeil Mr. Richard Jones Mr. Eldon Karr, Chairman Mr. Carlton Wright Mr. Timothy Beard, Secretary Mr. David Holladay Ms. Susan Carter, Recording Secretary Mr. Karr called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Wright moved to approve the agenda. The motion was seconded by Mr. Jones, which carried unanimously. Mr. Karr requested a moment of silence in memory of Ms. Erica Thomas, daughter of BZA member, Mr. Eric Thomas. Everyone present participated in the memoriam. PUBLIC HEARING PETITION 1.Administrative Appeal requested by Galax Treatment Center, Inc. of the Zoning Administrator's decision that a proposed methadone clinic is sufficiently different from any use type defined in the Roanoke county Zoning Ordinance and, per Section 30-29(B), will require an amendment to the zoning ordinance prior to certifying zoning compliance. The purpose of this request is to permit the operation of a methadone clinic located at 3390 Colonial Avenue, Cave Spring Magisterial District. Mr. Ed Natt represented the petitioner. He referred to a letter hand-delivered to Roanoke County Department of Community Development on December 17, 2003, withdrawing the request. He stated the petitioner withdrew their petition for a number of reasons. Mr. Jones stated he would like to make a motion to withdraw the petition. Mr. Wright seconded themotion with the following vote: AYES:McNeil, Thomas, Jones, Karr, Wright NAYS: ABSENT: 1 2.Variance requested by Strauss Construction Corporation of Section 30-41-3(B)4 of the Roanoke County Zoning Ordinance to reduce the required front (corner) yardsetback from 30 feet to 10 feet. The purpose of this request is to construct new single family dwellings located at the terminus of Cezanne Court, Cave Spring Magisterial District. . CONTINUED FROM NOVEMBER 19, 2003 Mr. Steve Strauss, 3629 Peakwood Drive, stated he previously came before the BZA requesting a variance of zoning which may be appropriate for an Administrative Appeal. Mr. Karr stated the request is still considered a variance. He stated the reason for continuation of the request was onlyfour members were in attendance at the November 19, 2003 BZA public hearing. Mr. Strauss stated he has asked for a variance due to an extraordinary hardship as a result of VDOT's condemnation of portions of his lots which are located on a platted cul-de-sac. Mr. Karr noted a variance would not be required for lot 5(A)(1). Mr. Strauss agreed, stating he was being consistent by including this lot in his request. Mr. McNeil asked the petitioner if VDOT provided compensation for the portion of property they condemned. Mr. Strauss affirmed they were compensated for the property acquired; however, they received no compensation for new lot 9(A)(1). He stated he did not realize at the time he would need to use corner setback regulations. Mr. McNeil asked ifcompensation was provided by lot number or portion. Mr. Strauss stated by lot. Mr. McNeil asked about the configuration of lot 9(A)(1). Mr. Strauss explained the October 24, 2003 site plan to Mr. McNeil and other BZA members. Mr. Jones motioned to grant the requested variance based on topography and the configuration of the lot to reduce the setback from 30 feet to 15 feet on 9(A)(1). He motioned that the 30 foot setback on remain for lot 5(A)(1). Mr. Thomas seconded the motion with the following vote: AYES:Thomas, Jones, Karr NAYS:McNeil, Wright ABSENT: Mr. Strauss stated his request was for a reduction of the setback from 30 feet to 10 feet. Mr. Karr noted the petitioner did not object when the motion was presented. Mr. Strauss stated he did object. Mr. Karr noted the objection was made after the vote. Mr. Strauss stated 9(A)(1) is not a buildable lot. Mr. Jones stated according to Robert's Rules of Order, the members who were in the affirmative are allowed to bring the petition up at the next scheduled meeting. 3.Variance requested by Alfred E. and Patsy G. 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 45 feet. The purpose of this request is to permit the relocation of an existing dwelling located at 3530 Simsmore Avenue, Vinton Magisterial District. Mr. Alfred Saunders, 3530 Simsmore Avenue, stated his house has black deposits in it. He stated the mold inspection was negative. He stated he wants to try and get the house into compliance. He apologized for his house being in violation. He stated he had the property surveyed by a certified surveyor. Mr. Karr asked the petitioner why he needed the setback variance. Mr. Saunders stated he lacks 5 feet to be in compliance. Mr. Wright asked if he plans to relocate the house. Mr. Saunders stated the house is located 2 too close to the Blue Ridge Parkway and will need to be repositioned on the property. Mr. Jones asked staff if they would need a vacation of the original agreement if they approve the variance. Mr. Beard stated he would leave the agreement in place until the house is moved and in compliance. Mr. McNeil asked if they should attach a stipulation to the motion. Mr. Beard affirmed it should be attached to the final motion. When Mr. Karr asked the Blue Ridge Parkway representative who was present if he would like to speak to the board, he refused. Mr. McNeil asked if everything would be in compliance if the house is moved. Mr. Saunders stated yes. Mr. Thomas reiterated the surveyor and contractor are both licensed. Mr. Saunders affirmed they were both licensed. Mr. Jones motioned to grant the requested variance based on the irregular shape of the lot to reduce the setback from 50 feet to 45 feet with conditions as stated in the staff report. Mr. Wright seconded the motion with the following vote: AYES:McNeil, Thomas, Jones, Karr, Wright NAYS: ABSENT: 4.Variance requested by Judy Cusumano of Section30-82-4(A)1. of the Roanoke County Zoning Ordinance to reduce the minimum lot size from 1.0 acre to 0.959 acre. The purpose of this request is to acquire a private kennel license to house four dogs located at 6628 Sylvan Brook Road, Cave Spring Magisterial District. Ms. Judy Cusumano, 6628 Sylvan Brook Road, deferred the presentation to her fiancé, Mr. Paul Lash, 6628 Sylvan Brook Road. He stated he and the petitioner both had dogs when they combined households. He stated they moved to the county fromthe city which allows a four dog maximum. He stated he has a petition signed by their neighbors indicating they have no objection to the request. He stated it is a dog friendly neighborhood. Ms. Cusumano stated they do not normally allow their dogs to run loose. Mr. Lash stated they let the dogs run loose one time and someone called Roanoke County Animal Control. He stated the property is just shy of being one acre in size. He stated they do not want a kennel or more dogs, only to keep the dogs they currently have. Mr. Thomas asked to see the list of signatures on the neighborhood petition. He noted one person had complained about the dogs. Mr. Lash stated the person who complained is not an actual adjoiner to their property. He stated he lives the farthest away of the neighbors. He stated he did not know he had a problem with their dogs. Mr. Karr noted the variance does not go with the property. He stated granting the variance will not allow the establishment of kennel. Mr. McNeil motioned to grant the requested variance only until two (2) of the dogs currently living in the home pass away based on the small difference of size, the petitioner moved into the home without knowing the rules, the neighbors have dogs, and the area is rural. Mr. Thomas seconded the motion with the following vote: AYES:McNeil, Thomas, Jones, Karr NAYS:Wright ABSENT: 3 APPROVAL OF MINUTES Mr. Jones moved to approve minutes of November 19, 2003 with changes. The motion was seconded by Mr. Thomas, whichcarried unanimously. COMMENTS Mr. Jones stated regarding procedure to reconsider Mr. Strauss' petition, the bylaws will need to be interpreted by the Roanoke County Attorney. Mr. Karr stated in some cases the Zoning Ordinance may be used against them to financially benefit the petitioner. There being no further business, the meeting was adjourned at 7:46 p.m. Respectfully Submitted, Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals 4