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HomeMy WebLinkAbout1/20/1999 - MinutesMINUTES OF A MEETING OF THE ROANOKE COUNTY BOARD OF ZONING APPEALS PUBLIC HEARING - JANUARY 20, 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. McNeil seconded the motion which carried unanimously. PUBLIC HEARING REQUESTS 1. Variance requested by Paul Guilliams of Section 30- 41- 3(B)2.a of the Roanoke County Zoning Ordinance to reduce the required side yard setback from 10 feet to 6.5 feet. The purpose of this request is to construct an attached carport, located at 5404 Deer Park Dr NW, Catawba Magisterial District. Mr. Wright explained that this request was originally discussed on December 16, 1998 and that the applicant asked for a continuance due to the absence of one board member. Mr. Guilliams thanked the Board for this second opportunity and described his situation noting the lack of space onsite and that his family has lived at this address for 16 years. Mr. Karr explained his interpretation of ordinance section 30- 24 -1(B)1 in regard to the petitioner's good faith acquisition of the property and where by reason of exceptional size and shape of the lot, the strict application of the ordinance unreasonably restricts the use of the site. It was also noted that Mr. Guilliams unsuccessfully attempted to purchase a small area from the adjacent property owner to the west so that the proposed carport would comply with setback requirements. Mr. Wright stated that, in his opinion, this request is not in harmony with the intended spirit and purpose of the ordinance and that other properties in the same vicinity share similar characteristics, especially topography. Messrs. Jones and McNeil asked what would happen if an adjoining property owner sought a variance and noted that already there is a lack of useable space in the immediate vicinity. Mr, Guilliams stated that he believes he has presented sufficient evidence to prove that a hardship exists and introduced his adjoining neighbor, Gill Roseberry, who supports the request. Mr. Karr moved to approve the variance based on the applicant's good faith, size, shape and topography of the site and that, in his opinion, the intent of the ordinance would not be compromised by an approval in this case. Mr. Snyder seconded the motion which carried with the following vote: AYES: .Jones, McNeil, Karr, Snyder NAYS: Wright ABSENT: None Election of Officers & Approval of 1999 Public Hearing Calendar The following officers were elected for 1999: Carlton Wright, Chairman; Rodney McNeil, Vice Chairman; Tim Beard, Secretary; Terry Harrington, Alternate Secretary. The public hearing calendar was unanimously approved.. Approval of Minutes Mr. Karr moved to approve the minutes of December 16, 1998. Mr. Jones seconded the motion which carried unanimously. BZA 1998 Annual Report Mr. Wright led discussion of the annual report which was unanimously approved by voice vote. Discussion of Bylaws Draft amendments to the bylaws including one officer name change, state code reference number changes and language relative to applicant's opportunity for continuance in the absence of a full board were discussed and will be finalized over the next couple of months. There being no further business, the meeting was adjourned at 8:00 p.m� Respectfully submitted, Tim Beard, Secretary Board of Zoning Appeals