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HomeMy WebLinkAbout6/21/2006 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS MEETING MINUTES PUBLIC HEARING — JUNE 21, 2006 PRESENT: Mr. Kevin Barnes, Chairman Mr. Richard Jones Mr. Eric Thomas Mr. Eldon Karr Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. John Murphy, Secretary Mr. Bill Richardson, Code Enforcement Ms. Susan Carter, Recording Secretary Absent: Mr. Carlton Wright Mr. Kevin Barnes called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Karr moved to approve the agenda. Mr. Jones seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1. The petition of a variance requested by Christopher Caveness of Section 30- 32 -3(B)5 of the Roanoke County Zoning Ordinance to reduce the minimum side yard setback from 25 feet to 10 feet and the front setback from 150 feet to 125 feet to allow the construction of an accessory structure between the right of way and building line of the primary structure. The purpose of this request is to construct an accessory structure located at 5051 Twelve O'Clock Knob Road, Windsor Hills Magisterial District. Mr. Christopher Caveness, 5051 Twelve O'Clock Knob Road, spoke regarding the petition. He provided a brief description of the property. He explained the placement of the proposed carport. He described the topography of the property. He stated the carport will not impact the viewshed. Mr. Jones inquired about the site plan. Mr. Caveness discussed the site plan with the board and staff. Mr. Jones discussed the topography of the property. Mr. Barnes asked the petitioner if he was agreeable with the recommended changes to the setback requirements. Mr. Caveness affirmed he was agreeable with the changes made to the setback requirements. 1 Mr. Jones made the motion to approve the variance with the front setback being 135 feet off the road and side setback being 15 feet. His motion was based on the findings that the property was acquired in good faith, the property has exceptional topographic conditions, a strict application of the County's Zoning Ordinance would unreasonably restrict the use of the property by the owner, such hardship is not shared generally by other properties in the same zoning district and the same vicinity, the authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by granting the variance. The motion was seconded by Mr. Thomas with the following vote: AYES: Thomas, Barnes, Jones NAYS: None ABSENT: Wright ABSTAIN: Karr 2. The petition of Abraham J. Glick for an administrative appeal of the Zoning Administrator's interpretation of the definition of a restaurant, drive - in or fast food, as defined in Roanoke County Zoning Ordinance Section 30 -29 -5. The purpose of this request is to determine if the proposed delivery service is permitted with the existing convenience store and gasoline station uses, within the AV (Agricultural/ Village Center District), located at 6958 Bent Mountain Road, Windsor Hills Magisterial District. Mr. Abraham Glick stated he purchased the property approximately five to six months ago. He stated it is a full service convenience store. He stated the citizens are happy the store has reopened. He stated the pizza oven was installed in order to provide pizza delivery to the area residents. He stated residents are disappointed they cannot have delivery service. He presented a petition signed by approximately 1,000 residents in favor of pizza delivery. He stated no other pizza delivery services are available in the area. Mr. Obenshain informed the petitioner of his options since only four of five BZA members were present for the hearing. Mr. Barnes offered to continue the petition until August 16, 2006. Mr. Glick stated he did not want to continue the petition. Mr. Karr inquired about grandfathering the use on this parcel. He stated he was pleased the property was being renovated. He inquired about previous home deliveries from this site. Mr. Glick stated approximately 50 -60 years ago, customers brought meat in to P) have prepared. He stated the store owners would deliver the meat and other requested items to the customers. He stated this service was performed as a courtesy to the community. Mr. Karr stated he understands the Zoning Administrator's difficulty with this issue. Mr. Thomas inquired about deliveries. Mr. Glick stated other delivery services do not provide service to this portion of the county. He stated he wants to bring this service to the community. He stated this type of service would alleviate some traffic since delivery would keep citizens from coming to the store to pick -up prepared food. Mr. Karr expressed concern regarding the difference between contemporary terms and historical terms regarding convenience store. Mr. Murphy discussed previous primary uses of the property. He discussed current definitions and permitted uses set out in the Zoning Ordinance. He reviewed restrictions. He explained the process. He provided a history of the property. He stated the owners prior to Mr. Glick did not have a delivery service. He explained regulations regarding grandfathering of a non- conforming use. Mr. Murphy discussed health and safety issues regarding changes of use. He stated VDOT and Roanoke County Transportation Engineering staff recommends controlled access with additional uses. He discussed regulations regarding Agricultural Village zoning. He stated the Comprehensive Plan discourages urban type development. Mr. Thomas asked if the petitioner would be advertising the property as a restaurant or a drive -thru. Mr. Glick stated he would not be advertising the property in this manner. Mr. Thomas agreed pizza delivery would reduce congestion in the parking lot. Mr. Glick stated the issues are specific to this property. Mr. Karr asked Mr. Obenshain if conditions could be attached to an Administrative Appeal decision. Mr. Obenshain explained the procedure and restrictions. Mr. Obenshain stated it was a conflict of interest for him to advise the board regarding this type of issue. Mr. Karr stated he would like to have more time to consider the petition. Mr. Thomas asked about delivering groceries. Mr. Murphy stated that would be considered a retail use and not fast food. Mr. Thomas asked about grandfathering a use. Mr. Murphy explained that if a use is discontinued two or more years, the grandfathering use exemption expires. Mr. Jones noted many of the questions being asked are more inline with rezoning and SUP requests. Mr. Barnes stated he would like to continue the petition in order to more deeply research issues. Mr. Glick stated he thought it was inappropriate to rezone the property from AV to C2. Mr. Karr stated this business is an asset to the community. He reiterated the desire to research issues. 3 Mr. Kermit Crow, 8227 Bent Mountain Road, spoke in favor of the request. He stated the delivery service would be a convenience for the elderly. He commended Mr. Glick for improving the facility. Mr. Karr made a motion to continue the petition. Mr. Thomas seconded the motion with the following vote: AYES: Thomas, Karr, Barnes, Jones NAYS: None ABSENT: Wright APPROVAL OF MINUTES Mr. Jones moved to approve the December 21, 2005 minutes. Mr. Karr seconded the motion, which carried with the following vote: AYES: Thomas, Karr, Barnes, Jones NAYS: None ABSENT: Wright COMMENTS Mr. Barnes briefly discussed the Comprehensive Plan. Mr. Murphy stated staff is currently studying Village Centers. There being no further business, the meeting was adjourned at 8:02 p.m. Respectfully Submitted, Approved: John Murphy, Secretary Board of Zoning Appeals .I