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HomeMy WebLinkAbout6/20/2007 - AgendaROANOKE COUNTY BOARD OF ZONING APPEALS MEETING MINUTES PUBLIC HEARING — JUNE 20, 2007 BZA Members Mr. Kevin Barnes, Chairman Present: Mr. Richard Jones Mr. Eric Thomas Mr. Eldon Karr Mr. Carlton Wright Staff Present: Mr. John Murphy, Secretary Mr. Philip Thompson, Deputy Director of Planning Mr, Bill Richardson Ms. Susan Carter, Recording Secretary Mr. Barnes called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Jones moved to approve the agenda. Mr. Karr seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1. The petition of Edward A. Natt, Esquire, on behalf of McNeil Asphalt Maintenance, Inc. appealing the Zoning Administrator's interpretation of Sections 30 -36 -2, Permitted Uses in the AV (Agricultural/Village Center District) and the application of the definition of Construction Yard, specified in the Roanoke County Zoning Ordinance, for this business to operate at 2914 Jae Valley Road, in the Vinton Magisterial District. Mr. Ed Natt, Esquire, spoke representing the petitioner. He provided a brief overview of the appeal. He discussed the definition of a contractor's yard, noting it includes outside storage and equipment. He stated the petitioner has only vehicles stored outside. He provided a brief history of the business. He stated some of the pictures provided by staff were taken prior to the petitioner's closing on the purchase of the property. He provided a history of the previous rezoning of his property on Franklin Road for a contractor's yard. i I r '1 Ms. Tesa Thurman, 655 Novella Drive, daughter of the petitioner, stated she was the real estate agent for the purchase of the property at 2914 Jae Valley Road. She stated she had spoken with planning staff member, Ms. Amanda Komar, on three separate occasions. She stated she was told the use of the property would be grandfathered. She stated the last time she called was under her father's direction immediately prior to the closing on the property. Mr. Natt stated the county representative had the obligation to say tell the caller to get the information in writing. He stated weeks after the closing, the petitioner received a zoning violation letter from Mr. Bill Richardson. Mr. Karr asked if all materials are stored inside. Mr. McNeil stated he has built two aluminum buildings in which he has storage tanks. Mr. Karr asked if the petitioner had received a building permit for the buildings. Mr. Natt stated that was not the issue before the board. He stated in order to acquire a building permit, the property owner has to receive a zoning approval letter from zoning staff. Mr. Thomas stated the issue is whether or not it is a contractor's yard. Mr. Natt stated the use of the property could also be grandfathered. He stated the board could be creative regarding an equitable solution. Mr. Karr discussed protecting the integrity of the Zoning Ordinance. Mr. Natt discussed the petitioner's options. Mr. Obenshain stated the county does not admit to error. He stated the petitioner's counsel could have issued a subpoena for Ms. Komar. Mr. Natt stated the county could have also subpoenaed her. Mr. Billy Altice, 2392 Rainelle Street, stated his property adjoins the petitioner's property. He stated he has lived at his current address since 1967. He provided a brief history of his property including work performed for flood control which made the property more visible. He described buffering between the properties. He stated the petitioner's equipment is easily visible from his property. He expressed concern regarding odor from tanks. Mr. Altice stated he had to acquire a permit in order to place a storage building on his property. He expressed concern regarding devaluation of his property due to surrounding commercial property uses. Mr. Altice indicated that Mr. McNeil cut some trees screening the site from Mr. Altice's property. Mr. Jones inquired if conditions could be attached to the board's decision. Mr. Obenshain discussed the board's responsibility regarding an administrative appeal. 2 Mr. McNeil provided a brief history of his property on Franklin Road. He stated the metal buildings placed on his Jae Valley property were set up by a contractor. He stated Mr. Altice cut the trees between properties which then exposed his property. Mr. Altice stated he did not cut the trees. Mr. McNeil stated he is willing to plant trees. He stated no hazardous materials will be stored in the buildings. Mr. Barnes explained it is critical to provide a detailed description of the proposed use to staff when making an inquiry. Ms. Thurman stated she had described the current zoning and proposed use. When asked, Ms. Thurman stated that she did not provide county staff with the name of the business and other specific information. She stated staff had led her to believe the use was acceptable. Mr. Thomas asked if she had received the information in writing. Ms. Thurman stated she had not received the information in writing. Mr. Karr explained that although staff may have made an error, it is not appropriate to penalize other county citizens. He discussed the petitioner applying for a Special Use Permit. Mr. Wright noted the petitioner has an alternative. Mr. Natt discussed the options. He asked the board to defer their decision until the petitioner could have a public hearing for a Special Use Permit. Mr. Jones inquired about limiting the time of the continuance. Mr. Obenshain discussed this issue. Mr. Wright made a motion to continue the petition for 120 days to allow for the filing and action by the Board of Supervisors on a Special Use Permit application. Mr. Jones seconded the motion, which carried with the following vote: AYES: Thomas, Wright, Jones, Barnes NAYS: Karr ABSTAIN: None APPROVAL OF MINUTES Mr. Wright moved to approve the May 16, 2007 minutes. Mr. Jones seconded the motion, which carried with the following vote: AYES: Thomas, Wright, Jones, Karr, Barnes NAYS: None ABSENT: None 3 A . 1 COMMENTS Mr. Karr requested staff investigate this issue further. Mr. Murphy noted Ms. Komar has resigned her position with the Planning Department for reasons unrelated to this issue. Mr. Murphy discussed zoning policy regarding zoning verification letters and that zoning staff is always willing to provide a letter. There being no further business, the meeting was adjourned at 8:11 p.m. Respectfully Submitted, Approved: John Murphy, Secretary Board of Zoning Appeals 2