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HomeMy WebLinkAbout4/21/1999 - MinutesMINUTES OF A MEETING OF THE ROANOKE COUNTY BOARD OF ZONING APPEALS PUBLIC HEARING -APRIL 21, 1999 Present: Mr. Carlton Wright, Chairman Mr. Richard Jones Mr. Herbert Snyder Mr, Eldon Karr Mr, Rodney McNeil Mr, Tim Beard, Secretary Mr. Wright called the meeting to order at 7 p.m. Mr. Jones moved approval of the agenda. Mr. Snyder seconded the motion which carried unanimously. PUBLIC HEARING REQUESTS Variance requested by John Lawless Jr. of Section 30- 82 -3(C)3 of the Roanoke County Zoning Ordinance to permit the employment of one person who is not a permanent resident of the dwelling in conjunction with a home occupation, located at 3594 Colony Lane, Cave Spring Magisterial District. Mark Black, applicant's attorney, presented the case. Mr. Black explained the basics of Mr. Lawless' computer produced music publications and website activities. He offered the following special conditions on behalf of his client: 1) a maximum of one nonpermanent resident employee; 2) approval to expire 1213112002; 3) approval restricted to Mr. Lawless for this particular occupation at this address only., Mr. Black argued that a denial of this request would place an unreasonable restriction on his client's use of his own property and that employing one person would not amount to a privilege or convenience for Mr. Lawless. Mr. Black noted the applicant's single - parent status and how Mr. Lawless' obligations both as a parent and a provider create a combination equaling hardship. The applicant stated that he often works 14 -hour days. Mr. Karr asked Mr. Lawless if he had investigated renting an office in a commercial zone and returning home early enough to be with his son in the evenings. Mr. Lawless replied that he had looked into that possibility but had reservations regarding computer equipment connections from site -to -site. Four citizens spoke in opposition to the request citing fears of property valuation changes and what precedent an approval might set. In his final statement, Mr. Black reiterated the narrowness of his client's request compared to the general flexibility of business licenses and home occupations in the R -1 district. Mr, Jones moved to deny the variance based on the ordinance intent of providing limits in such situations. Mr.. Snyder seconded the motion which carried with the following vote: AYES: Snyder, Jones, Wright, McNeil NAYS: Karr ABSENT. None 2 A rov inrLe-s Mr. McNeil moved to approve the minutes of January 20, 1999, Mr. Karr seconded the motion which carried unanimously. Consideration of Prnpos A�.�.a_d to Bvl�ws Changes to the Bylaws including one officer name change, state code reference number changes and language relative to an applicant's opportunity for continuance due to the absence of a full board were approved by a unanimous voice vote, Comm e....r is The Chairman inquired as to the status of the zoning ordinance amendment package. These amendments were approved in final form by the Board of Supervisors the following week. The BZA noted its concern with Section 30- 82 -3(C)3 in regard to its presence in the ordinance. There being no further business, the meeting was adjourned at 8:00 p.m.. Respectfully submitted, Tim Beard, Secretary Board of Zoning Appeals