HomeMy WebLinkAbout10/20/1999 - MinutesMINUTES OF A MEETING OF THE ROANOKE COUNTY BOARD OF ZONING APPEALS
PUBLIC HEARING - OCTOBER 20, 1999
Present: Mr. Carlton Wright, Chairman
Mr, Richard Jones
Mr. Eldon Karr
Mr, Rodney McNeil
Mr, Herbert Snyder
Mr. Tim Beard, Secretary
Mr, Terry Harrington
Mr. Wright called the meeting to order at 7:00 p.m. Mr. Jones moved approval of the agenda.
Mr. Karr seconded the motion which carried unanimously.
PUBLIC HEARING REQUESTS
1. Variance requested by George Baron of Section 30- 41- 3(B )1.a. of the Roanoke County
Zoning Ordinance to reduce the front yard setback from 30 feet to 28,8 feet. The purpose
of this request is to allow the encroachment of an existing dwelling located at 6583
Fairway View Trail, Windsor Hills Magisterial District.
Ed Natt, attorney for the petitioner, presented Mr. Baron's request starting with his
recollection of numerous building setback errors by contractors and subsequent variance
requests occurring several years ago. Now, building footprints are carefully staked out
order to avoid such errors. Mr. Natt indicated that this shortage was discovered by the
closing attorney after two surveys incorrectly showed the proposed (at that time)
northwest corner of the house to be in compliance with the ordinance. Mr. Natt stated that
all variance requests are special privileges and that his clients situation justifies a
variance being granted for the following reasons= (1) this lot is smaller than other parcels
in Section 2 of Fairway Forest Estates; (2) the garage side wall is also a retaining wall, (3)
rear yard topography of the lot, and (4) the unusual curvature of the front boundary/right-
of -way alignment. He claimed that denial of the petition would penalize the owner and
that no negative impact would occur by the granting of a variance. Mr. McNeil asked if
the lot area had been reduced and stated that building professionals should "get it right."
Mr. Natt replied that this tract had been subdivided recently and agreed that this situation
should not have happened, but that Mr. Baron relied on professional surveyors to stake
the building location properly. Natt noted that a surveying mistake may have occurred,
a stake may have been knocked over or the builder could have ignored a stake. Several
homeowners in the immediate vicinity spoke against the request including Mike Bonney,
Clint Adams, Peter Toch and Kris Stutsman, Jon Till asked the Board to consider the
"human issue" involved here for new occupants of the house. Mr. Wright assured the
audience that the Board's decision would not be made based on emotional appeals from
nearby homeowners. Mr. Jones asked the petitioner's attorney if the house could be
backed up considering the importance of the retaining wall at the point of encroachment.
Mr. Natt eventually admitted that, with a great deal of expense, corrections could be
made.
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Mr. Jones moved to deny the request based on structural change alternatives available
to Mr. Baron,. Mr. Snyder seconded the motion which carried with the following vote:
AYES: Snyder, Jones, Wright, McNeil, Karr
NAYS, None
2. Variance requested by Lamar Advertising of Roanoke of Section 30-23-3(A)l. of the
Roanoke County Zoning Ordinance to permit alteration of a nonconforming billboard sign.
The purpose of this request is to raise the height to no more than 35 feet located on the
north side of Route 419 adjacent to the railway crossing, Cave Spring Magisterial District.
Ed Natt, representing Lamar Advertising, presented this request explaining that
construction at the adjoining Speedee Oil Change, specifically increased elevation of
parking areas, will obscure the view of the signs if they are not significantly raised. He
stated that Lamar is not asking to raise the boards any higher than the standard maximum
height (35 feet), Mr. Karr noted the proximity of the two signs to each other, their
distance to Windy Hill Key (zoned residential), and that the nonconformity could be
lessened by the removal of one of the signs. Mr. Natt stated that Lamar intends to
maintain both billboards, In response to Mr„ Wright's inquiry regarding zoning or the lack
thereof at the subject property, Mr. Mahoney explained that C -2 commercial standards
could be reasonably applied due to the predominance of this zoning district in the
immediate geographic area in addition to ordinance jurisdiction which applies to all
unincorporated portions of the county. He also noted that a third billboard stands south
across VA 419 that is also nonconforming due to its close proximity to the subject signs.
Mr.. Karr asked if the applicant would be willing to reduce the size of one billboard and if
the structures would be useless if the variance were not granted. Mr. Austin replied that
the signs would be used for public service announcements if the variance was not
forthcoming and if advertisers chose not to lease future space on the boards at their
existing heights.
Mr. Karr's motion to deny the request due to lack of demonstrated hardship died for lack
of a second. Mr. Jones then moved to grant a variance with the condition that the top of
the billboards not exceed a height of 32 feet from pavement grade of Route 419 based
on hardship imposed by adjoining development. Mr. Wright seconded the motion which
carried with the following vote:
AYES: Snyder, Jones, Wright, McNeil
NAYS: Karr
A pproval of Minute
Mr, McNeil moved to approve the minutes of September 15, 1999. Mr. Karr seconded the motion
which carried unanimously.
There being no further business, the meeting adjourned at 8:35 p.m.
Respectfully submitted,
/- Y\
Tim Beard, Secretary
Board of Zoning Appeals