HomeMy WebLinkAbout8/16/2006 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS
MEETING MINUTES
PUBLIC HEARING —AUGUST 16, 2006
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
Mr. Josh Gibson
Ms. Amanda Komar
Ms. Susan Carter, Recording Secretary
Mr. Kevin Barnes called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA
Mr. Wright moved to approve the agenda. Mr. Jones seconded the motion,
which carried unanimously.
PUBLIC HEARING PETITION
1. 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, 2939 Wade Road, provided a brief history of the
request.
I
Mr. Karr inquired about Mr. Glick's alternatives and options. Mr. Murphy
discussed filing for a rezoning or SUP. He also discussed the Village
Center Overlay project being designed by the Planning Department. He
stated access issues would need to be approved by VDOT. Mr. Karr
inquired about floodplain issues. Mr. Murphy stated this area was included
in the FEMA study. He further discussed the Village Center Overlay
project will cover all Rural Village designations. Mr. Jones inquired about
the timeline of the overlay project. Mr. Murphy stated currently there is not
a target completion date for the project.
Mr. Wright made a motion to uphold the Zoning Administrator's opinion.
Mr. Thomas explained they are bound by the guidelines. Mr. Glick
expressed dissatisfaction regarding the ruling since his situation is unlike
the majority of area businesses. He stated the community is being
neglected since delivery service is not available in this area. He stated he
does understand the legality of the request. He also stated he would be
providing tax dollars to the community and a service for old people. Mr.
Barnes explained the BZA's responsibility is to determine whether or not
the Zoning Administrator's decision was arbitrary and capricious. He stated
they are bound by state and county regulations. Mr. Karr stated they are
sympathetic to Mr. Glick's issue. He explained if they made an
inappropriate decision it would allow all convenience stores to offer delivery
services. Mr. Glick noted he understands Mr. Murphy was following the
rules when he made the decision. Mr. Glick noted he has spent his money
to improve the store. Mr. Murphy stated there is not a specific timeframe
regarding development and application of the overlay project.
Mr. Jones seconded the motion with the following vote:
AYES:
Thomas, Wright, Barnes, Jones
NAYS:
Karr
Absent:
None
Mr. Barnes suggested Mr. Glick stay in contact with staff. Mr. Murphy
stated he will have Mr. Beard contact him when he is having the Back
Creek Village Center Overlay meeting. Mr. Glick stated the message he
has received is that delivery is too complicated.
Mr. Karr then requested to change his vote with respect to the Zoning
Ordinance:
2
AYES: Thomas, Wright, Barnes, Jones, Karr
NAYS: None
Absent: None
APPROVAL OF MINUTES
Mr. Jones moved to approve the June 21, 2000 minutes.
Mr. Thomas seconded the motion, which carried with the following vote:
AYES: Thomas, Karr, Barnes, Jones, Wright
NAYS: None
ABSENT: None
COMMENTS
Mr. Murphy introduced Ms. Amanda Komar, Planner 1, Code Enforcement.
There being no further business, the meeting was adjourned at 7:29 p.m.
Respectfully Submitted,
R
V� V
Approved:
John Murphy, Secretary Board of Zoning Appeals
3