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HomeMy WebLinkAbout10/17/2007 - AgendaROANOKE COUNTY BOARD OF ZONING APPEALS MEETING MINUTES PUBLIC HEARING — OCTOBER '17, 2007 BZA Members Mr. Kevin Barnes, Chairman Present: Mr. Richard Jones Mr. Eldon Karr Mr. Eric Thomas Mr. Carlton Wright Staff Present: Mr. John Murphy, Secretary Mr. Philip Thompson, Deputy Director of Planning Mr. Joe Obenshain, Sr. Assistant County Attorney Mr. Bill Richardson Ms. Becky Mahoney Mr. Chris Patriarica Ms. Susan Carter, Recording Secretary Mr. Barnes called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Karr moved to approve the agenda. Mr. Wright 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. (Continued from June 20, 2007) Mr. Murphy stated Mr. Ed Natt, Esquire, requested a continuance on behalf of the petitioner. He provided a brief history of the timeline of request. 1 Mr. Karr made a motion to continue with the hearing as presented. Mr. Wright seconded the motion, which carried with the following vote: AYES: Thomas, Wright, Jones, Barnes, Karr, Wright NAYS: None ABSTAIN: None Mr. Natt provided a brief history of the request. He reviewed previous hearings and actions taken regarding the petition. He stated he had been told three times by staff the proposed use was permitted on this property. He stated the definition of construction yard is unclear. He discussed the BZA's options. Mr. John Murphy, Zoning Administrator, spoke on behalf of the county. He reviewed the request. He discussed the violations and zoning enforcement letter sent to the petitioner by Mr. Richardson. He discussed the letter sent by the petitioner's real estate agent. He discussed a deed for the transfer of the property which was prepared by Mr. Natt's firm. He stated the petitioner filed for an SUP for consideration as a construction yard. He reviewed the intent of an administrative appeal was to only determine if the decision of the Zoning Administrator was correct and not arbitrary and capricious. Mr. Natt stated his office prepared the deed but did not perform the selling transaction. He expressed concern the zoning enforcement letter was not signed by Mr. Murphy. Mr. Murphy indicated that the letter was by an agent of the Zoning Administrator at the Zoning Administrator's direction. Mr. Karr reviewed the process. He stated some issues of the case may need to be determined by a higher court. He then reviewed the BZA's purpose. Mr. Barnes moved to close the public hearing. Motion passed 5 -0. Mr. Barnes requested comments from the board. He discussed the process. Mr. Jones inquired about the zoning enforcement letter. Mr. 4benshain stated it is the county's position Mr. Richardson was acting as an agent of the Zoning Administrator. Mr. Natt disagreed. Mr. Jones made the motion to uphold the Zoning Administrator's opinion. Mr. Wright seconded the motion, which carried with the following vote: AYES: Thomas, Wright, Jones, Barnes, Karr, Wright NAYS: None ABSTAIN: None APPROVAL OF MINUTES Mr. Jones moved to approve the August 15, 2007 minutes. Mr. Wright seconded the motion, which carried with the following vote: AYES: Thomas, Jones, Karr, Barnes, Wright NAYS: None ABSENT: None COMMENTS Mr. Murphy stated a November 21, 2007, BZA Public Hearing will be held. There being no further business, the meeting was adjourned at 7:29 p.m. Respectfully Submitted, Approved: John Murphy, Secretary Board of Zoning Appeals 3