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HomeMy WebLinkAbout11/21/2007 - AgendaROANOKE COUNTY BOARD OF ZONING APPEALS MEETING MINUTES PUBLIC HEARING — NOVEMBER 21, 2007 BZA Members Mr. Kevin Barnes, Chairman Present: Mr. Richard Jones Mr. Eldon Karr Mr. Eric Thomas BZA Member Mr. Carlton Wright Absent: Staff Present: Mr. John Murphy, Secretary Mr. Bill Richardson Mr. Joseph Obenshain Mr. Barnes called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Jones moved to approve the revised agenda. Mr. Karr seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1. The petition of Jack R. & Wanda S. Hurd (through F & S Building) for the request of a variance to Section 30- 41- 3 (B)3a, Roanoke County Zoning Ordinance, in order to reduce the rear setback for an attached sunroom from 25 feet to 17 feet, located at 1320 Cedar Hill, Hollins Magisterial District. Mr. Mike Bryant, from F & S Building, 2944 Orange Avenue, spoke regarding the request. He stated he would like to construct an enclosed sunroom on the Hurd's property. He stated that the suggested alternatives were not feasible. The Hurd's house was closer to the setbacks than other houses in the neighborhood. The addition was to accommodate the grandchildren when they visit. Mr. Bryant stated that the addition would only be a little closer to he rear property line than the existing deck. Mr. Karr described the three tests required for the approval of a variance and X asked staff about the required process for amending the zoning ordinance instead of continuing to approve variances in this subdivision. Mr. Jones described the size of the lot and that all of the other houses have the same setback requirement. Mr. Barnes also described the three criteria for the approval of a variance. Mr. Bryant advised the Board that a variance was approved across the street several years ago for a setback reduction. Mr. Karr described that the problem was common with the entire subdivision. Mr. Karr, Mr. Murphy and Mr. Obenshain discussed the process and application of amending the zoning ordinance. Mr. Jones inquired about an overlay district and how that may apply to this situation. Mr. Thomas discussed the depth of the lot only being 100 feet. Mr. Murphy and Mr. Obenshain discussed the Virginia Supreme Court cases that impacted the way the Board of Zoning Appeals may act on variance requests. Mr. Hurd described that the request was for his five (5) grandchildren when they visit. He described the house being small and not having enough room to accommodate all of the visitors. Mr. Karr asked about alternatives that may be possible without the need for a variance. Mr. Jones reluctantly made the motion to deny the variance because the request did not meet the required criteria outlined in the code. Mr. Thomas seconded the motion, which carried with the following vote: AYES: Thomas, Jones, Barnes, Karr NAYS: None ABSTAIN: Wright Mr. Karr voted to deny the request with a staff request of providing clarification on providing the Board a written explanation of "confiscation" and the process of amending the zoning ordinance. APPROVAL OF MINUTES Mr. Jones moved to approve the June 20, 2007 minutes. Mr. Karr seconded the motion, which carried with the following vote: AYES: Thomas, Jones, Karr, Barnes NAYS: None ABSENT: Wright The Board voted to approve the 2008 Calendar. 9) AYES: Thomas, Jones, Karr, Barnes NAYS: None ABSENT: Wright COMMENTS Mr. Karr requested more information regarding making a motion for approval. Mr. Obenshain discussed. Mr. Murphy stated the BZA meeting on December 19, 2007, has been cancelled There being no further business, the meeting was adjourned at 8:13 p.m. Respectfully Submitted, Approved: John Murphy, Secretary Board of Zoning Appeals 3