HomeMy WebLinkAbout1/16/2002 - MinutesROANO1<E COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES
PUBLIC HEARING — ,TANUARY 16, 2002
PRESENT: Mr. Eldon Karr, Chairman
Mr, Eric Thomas
Mr. Rodney McNeil
Mr. Richard Jones
Mr, Timothy Beard, Secretary
Ms, Tammi Wood, Recording Secretary
ABSENT: Mr. Carlton Wright
Mr, Eldon Karr called the meeting to order at 7:00pm,
APPROVAL OF AGENDA
Mr. Jones moved to approve the agenda with several changes.. He requested that Items E & F be
moved between Items B & C and Items Cl & C2 switched, The motion was seconded by Mr.
Thomas which carried unanimously.
APPROV OF MINUTES
Mr. McNeil moved to approve minutes of December 19, 2001.
Mr. Jones seconded the motion.
BZA 2001 ANNUAL REPORT
Mr. Beard gave an overview of the reports. Mr. Karr motioned that the reports be accepted into
the County records„
PUBLIC HEARING PETITION
1. A Variance requested by Douglas and Sharon Pruett of Section 30- 41 -3(B)1 _a. of the
Roanoke County Zoning Ordinance to reduce the minimum front yard setback from 30
feet to 26 feet, The purpose of this request is to construct a porch onto the principal
structure located at 402 Petty Avenue, Hollins Magisterial District.
Mr. & Mrs. Pruett, 402 Petty Avenue stated that the reason for the variance request was
to have a covered, level entrance to the property that would be safer for Mrs. Pruett to
walls due to the vascular disease she has, Mr. Karr confirmed that Mrs. Pruett had a
health condition and needed to keep the weather off the stoop of the house. He also
mentioned the steep topography of the site around the house and in the rear of the house
and the need to build the porch to gain a level entrance to the house. Mr. Jones asked if
the current roof was at the setback and Mr. Pruett stated yes. Mr McNeil confirmed that
the cave extended two feet adjacent (in front of) the porch.
Mr. Jones motioned to approve the requested variance based on the topography of the
site,
Mr. McNeil seconded the motion.
AYES:
McNeil, Karr, Thomas, .tones,
NAYS:
none
ABSENT:
Wright
2. Reconsideration of a variance requested by Mr. Alfred & Mrs. Patsy Saunders, of
Sections 30- 32- 3(B)l.a and 30- 32- 3(B)3.a, ofthe Roanoke County Zoning Ordinance to
reduce the front yard setback from 50 feet to 35.35 feet and reduce the rear yard setback
from 35 feet to 2.6 feet respectively. The purpose of these requests is to permit the
placement of an existing single - family dwelling, located at 3530 Simsmore Avenue,
Vinton Magisterial District, (Continued from December 19, 2001.)
Mr. Karr stated that some unique things had come up relative to a reconsideration due to
additional inquires. He stated that due to parliamentary procedure requirements, the
board can receive a motion to reconsider, discuss the case merits but cannot act on the
request until next month when the legal advertisement can be run again.
Mr. Jones motioned to grant the reconsideration.
Mr. Thomas seconded the motion.
AYES:
McNeil, Karr, Thomas, ,tones,
NAYS:
none
ABSENT:
Wright
Mr. Saunders, 3530 Simsmore Avenue approached the lectern. Mr.. Karr asked the name
of Mr. Saunders employer and position. He stated Bennie's Homes of Lynchburg and
Bedford and that he was a service technician who checked the water, electrical, doors,
windows, etc. after set up of the homes. Mr. Karr asked about the rubbish on the Blue
Ridge Parkway property. Mr. Saunders explained that he was notified about the debris
by the Parkway personnel and then hired someone to move the cinder blocks. He found
that the blocks and wheels and axles were thrown onto the BRP property by the hired
help. Mr, Saunders stated that he hadn't had a cross word with the Park services in 27
years of living on the property until he was asked to move the cinder blocks and have the
new mobile home moved. He stated again that he personally cleaned up the area after he
was informed that the trash was there, Mr. Jones confirmed the sequence of mobile
homes on the site. First, a 14' x 70', then a 40' double -wide, finally the 68' double -wide
trailer on the site now.
Mr. Ed Clark, Supervisory Park Ranger for the Roanoke Parkway area, 2551 Mountain
View Road stated that he was available for questions, and had the initial contact with Mr.
Saunders, Mr. Karr asked how Mr. Clark was aware of the violation. Mr, Clark stated
that he and Mr. Roy .Tones, a civil engineering technician were investigating an adjoining
neighbor's fence location. He then gave an explanation of monuments. Mr. Clark stated
that he noticed that the mobile home was in close proximity to the boundary line of the
parkway and later confirmed this when he returned and found the existing monuments for
the property. He stated that when he re- visited the Saunder's property, there were two
men and one woman putting seams on the house siding and the brick skirt was on pallets,
not in place around the home at the time. He stated that there were only cement footers
and blocks. He spoke with Mrs. Saunders and showed her the #117 monument and Mrs.
Saunders stated that a survey of the property had been done. One week later Mr. Clark
2
returned and the brick skirt was in place at that time. Mr. Clark stated that he had
inspected the property this past Monday and the debris items had been removed.
Mr. Tones questioned if the Parkway had any records on the property previous to this
case. Mr, Clark stated that the BRP has very detailed maps and that due to the amount of
property involved, it is very difficult to maintain adjoiner property records. He also
stated that he had aerial photos of the previous trailer on the property.
Mr. Karr confirmed that the previous home and the new home both have three bedrooms
and 2 bathrooms. He stated that he was asking to see if the appropriate legal processes
had been taken (building permits, etc.). Mr'. Saunders stated that there were no health
inspections done when the new home was constructed..
Mr. McNeil asked why the Parkway letter was asking the BZA to deny the variance. Mr.
Clark stated that the setback ordinances were in place to protect the adjacent property
owners, and the BRP shouldn't receive any less consideration. He stated there are a lot of
boundary issues and each time a decision is made it impacts today and forever. He also
stated that with the past history, dealing had been in a negative light — no permits, legal
avenues pursued, or appropriate approvals. The Parkway is concerned that this sets
precedence for the BZA to allow this to be permitted in this instance,.
Mr. McNeil re- stated that a trailer had been on the lot for the last 30 years.
Ms. Lisa Mitchell, daughter of the Saunders, gave a brief history of the trailer movement,
family concerns, and the Saunders' lack of knowledge and understanding of the Roanoke
County ordinances. Mr. Karr briefly explained the reasons for the zoning ordinances.
An out building on the property was discussed,
Mr„ Karr stated there would be no final decision tonight, but that the request would be
presented next month for a vote by the BZA. He also stated that the purpose tonight was
to get Mr- Clark's perspective on past happenings.
Mr. Karr confirmed that the Saunders should attend next months meeting.
ELECTION OF OFFICERS AND APPROVAL OF 2002 PUBLIC HEARING
CALENDAR
Mr. McNeil moved to appoint Mr.. Jyke Tones as 2002 BZA Chairman.
Mr. Thomas seconded the motion.
AYES:
McNeil, Karr, Thomas
NAYS:
none
ABSENT:
Wright
ABSTAIN:
Tones
Mn McNeil moved to appoint Mr, Carlton Wright as 2002 BZA Vice Chairman.
Mr. Karr seconded the motion,
AYES:
McNeil, Karr, Thomas, Tones
NAYS:
none
ABSENT:
Wright
Mr. Jones moved to appoint Mr. Tim Beard as 2002 BZA Secretary.
Mr.. Karr seconded the motion.
AYES:
McNeil, Karr, Thomas, Tones
NAYS:
none
ABSENT:
Wright
Mr, .tones moved to appoint Ms. Janet Scheid as 2002 BZA Alternate Secretary.
Mr.. Thomas seconded the motion.
AYES:
McNeil, Karr, Thomas, .zones
NAYS:
none
ABSENT:
Wright
Mr. Karr moved to appoint Ms. Tammi Wood as 2002 BZA Recording Secretary.
Mr. Thomas seconded the motion.
AYES:
McNeil, Karr, Thomas, Jones
NAYS:
none
ABSENT:
Wright
COMMENTS
Mr. Beard thanked Mr. Clark for corning up to the meeting from Asheville. Mr. Karr stated that
he appreciated his attendance also.
There being no further business, the meeting was adjourned at 7:45prn.
Respectfully Submitted,
f.wac�
Tammi L. Wood
Approved:
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Tim Beard, Secretary Board of Zoning Appeals
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