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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: L �kB-OA Tim Beard, Secretary Board of Zoning Appeals rd