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HomeMy WebLinkAbout3/20/2002 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS -- MEETING MINUTES PUBLIC HEARING — MARCH 20, 2002 PRESENT: Mr. Richard Jones, Chairman Mr', Eric Thomas Mr. Carlton Wright Mr. Rodney McNeil Mr. Eldon Karr Mr. Timothy Beard, Secretary Ms. Tamnmi Wood, Recording Secretary ABSENT: None Mr. Richard .tones called the meeting to order at 7:00pm. APPROVAL OF AGENDA. Mr. Darr moved to approve the agenda. The motion was seconded by Mr. Wright which carried unanimously. PUBLIC HEARING PETITION The petition of a Variance requested by Sims Automotive, Incorporated of Section 30 -54- 3(B)l .a of the Roanoke County Zoning Ordinance to reduce the front yard - building setback from 20 feet to 15 feet. The purpose of this request is to construct a new automobile dealership located on the east side of U.S. 220, west of Stable Road in the Cave Spring Magisterial District. Ms. Mary Allen Goodlatte, Glenn, Feldman, Darby and Goodlatte gave a brief history of Sims Automotive and stated that they would like to finalize the development plans. She described the location and said that the landscaping meets the Clearbrook and the County standards. She requested that Stable Road frontage be considered to be a back ,yard frontage and then the variance would not be needed because the footage would be met. She stated that the Blue Ridge Parkway notified all parties that they are not taking a stand on this case but would like to work with the County during the review process. Mr. Karr questioned that Ms, Goodlatte stated that it was "obvious" that Stable Road was on the rear of the property and that the adjoining property owners may feel differently about the assumption and asked for Ms. Goodlatte's rationale on the assumption. Ms, Goodlatte stated that Sims plans to use 220 as a main entrance in addition to Stable Road and that Mr. Karr was legally and technically correct. Mr. Karr then noted that the purpose of an ordinance is to provide for compatible living with neighbors — how does a "back yard" of a business affect neighbors? Ms. Goodlatte stated engineering challenges — parking, easement, natural watercourse, Clearbrook standards, and the shape of the parcel all contribute to the request for a variance, Mr, McNeil asked if the building could be rearranged to meet the requirement and who designed the building plan. Mr. John Conner stated that the building design was set up to meet the Roanoke County parking requirement by Hugh Bennett and that Lumsden was not involved in the design. Mr, Bennett met with Ms. Janet Scheid and Ms. Mary Ellen Goodlatte and received approval that the size of the parking spaces be narrowed to accommodate parking for display only. Mr. Karr motioned to deny the requested variance due to the following reasons: w A case was not made to demonstrate a hardship to the dealer — particularly site plan and technicalities. ® The negative effect on the adjacent property owners Mr, Wright seconded the motion. AYES: Karr, Jones, Wright, McNeil NAYS: Thomas ABSENT: None I The petition of a Variance requested by C & H Enterprises LLC (Christopher M. Pollock) of Section 30- 93- 13(A)4. of the Roanoke County Zoning Ordinance to reduce the freestanding sign setback from 15 feet to 1 foot. The purpose of this request is to relocate an existing freestanding sign located at 5488 Yellow Mountain Road, Cave Spring Magisterial District. Mr. Chris Pollock of 5488 Yellow Mountain Road, stated that he is requesting a freestanding sign which meets County requirements that is closer to the road, more visible, and the issue of people coming to the business and unable to find the entrance and pulling into the neighbor's driveways. Mr. Wright asked if Mr. Pollock had considered raising the sign five feet which would allow the sign to be visible. Mr. Pollock said that would be fine with hire. Mr. McNeil also suggested raising the sign to the maximum 15 feet_ Mr. Wright stated that the BZA would rather have M-T. Pollock raise the sign than to grant a variance. Mr. Mike Wray, 5650 Yellow Mountain Road, Ciearbrook Civic League President, stated that they were trying to rectify the problem of not seeing the sign and that the Civic league was in total agreement to do whatever was necessary, including raising the sign. Mr, Wright asked if the petition could be withdrawn rather then denied. Mr. Jones stated yes, that he could come back if it is withdrawn, but if it is denied then he must wait a year to re- apply. Mr. Karr questioned the possibility of a directional sign. Mr. Pollock stated that he called VDOT and they denied approval, Mr. Karr suggested that Mr. Pollock check with Staff and if necessary can come back with another variance request. Mr. McNeil stated that the problem would be solved if it were raised 4 feet. Mr. Pollock withdrew the petition. 3. The petition of a Variance requested by Corbin L, and Nancy L, Beach of Section 30-41 - 3(B)3.a of the Roanoke County Zoning Ordinance to reduce the rear yard - building setback from 25 feet to 23.5 feet. The purpose of this request is to construct an addition onto the principal structure located at 1315 Cedar Hill Drive, Hollins Magisterial District. Mr. and Mrs. Beach gave a brief history of the deck and property, They stated that the size of the deck was 10 x 12 feet. Ms. Beach stated that one of the contractors who bid on the sunroom told her that the rear yard setback must be 25 feet. They then talked with staff and were told that they needed a variance to build the sunroom.. Mr. Jones confirmed that the Beach's were not increasing the encroachment to the setback, but adding 4 feet to the side of the deck, Mr. Wright asked if the plat by Balzer showed the 2 setback to be 25 feet when in fact it was only 23.5 feet, The Parsell and Zieglar plat was shown to the BZA. Ms. Beach stated that she had called Parsell and Zieglar and was told repeatedly that the distance was at least 25 feet. Mr. Wright asked if they could get title insurance with that discrepancy. Mr. Thomas stated that all other parts of the property could be insured but that part of the title could be waived. It was confirmed that the deck was on the property when it was purchased. Mr. Beard confirmed that staff could only note the dimensions provided by the building permit applicant if the petitioner does not have a survey available. Mr, McNeil requested that a rubber stamp be used to verify that the drawing done by the staff is true. Mr. Wright motioned to approve the requested variance even thought there was not a Hardship demonstrated due to the following: ® This was not self-imposed, and should have been caught by the title insurance company ® Constructing the sunroom will not increase the current existing encroachment. Mr, Thomas seconded the motion. AYES: Thomas, Wright, McNeil NAYS: .zones, Karr ABSENT: None APPROVAL OF MINUTES Mr. McNeil moved to approve minutes of'February 20, 2002, Mr. Kan seconded the motion. AYES: Thomas, Wright, McNeil, Jones, Karr NAYS: None ABSENT: None COMMENTS Saunders Petition Update There was an update of the Saunders petition. Mr. Wright asked if Mr, Mahoney's letter had been finalized. Mr Beard stated that the BZA would get a copy of the agreement. He also stated that the Saunders have not contacted the County Attorney's office yet. There was a discussion of the Saunders' advertisement regarding the selling of the mobile home. Continuation of Consideration of Proposed Amendments to the Bylaws Mr. Beard stated that the consideration would be advertised in the newspaper. The Amendments will then be adopted at that time or rewritten, as appropriate. He said that tonight's discussion would not lead to an adoption. Mr.. Jones stated that the main changes were under Article 9 — Parliamentary Procedures, Item B and reflected changing the language to parallel with the Bylaws of the Board of Supervisors and the Planning Comn- fission, Johnson Boat Case Update Mr. Beard stated that the case was heard yesterday. He said the judge did not rule on the case but will visit the site and give a written decision at that time. Mr, Wright made a motion to adjourn the BZA meeting. Mr. McNeil seconded the motion_ There being no further business, the meeting was adjourned at 7:51pm, Respectfully Submitted, Tammi L. Wood o a.vym� P, W Approved: Tim Beard, Secretary Board of Zoning Appeals Ell