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HomeMy WebLinkAbout4/20/2005 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — APRIL 20, 2005 PRESENT: Mr. Eric Thomas, Chairman Mr. Richard Jones Mr. Eldon Karr Mr. Kevin Barnes Mr. Joseph Obenshain, Assistant County Attorney Mr. John Murphy, Secretary Mr. Tim Beard, Alternate Secretary Ms. Susan Carter, Recording Secretary Absent: Mr. Carlton Wright Mr. Eric Thomas 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 Variance requested by John David and Robin L. Campbell of Section 30-85 - 18(B)2. of the Roanoke County Zoning Ordinance to reduce the minimum setback from 100 feet to 60 feet. The purpose of this request is to construct a commercial kennel at 7184 Newport Road, Catawba Magisterial District. (Continued from March 16, 2005) Mr. John David Campbell and Ms. Robin Campbell spoke regarding the petition. Mr. Jones asked the petitioners if they had explored options. Mr. Campbell stated they cannot move the property line. He stated the building needs to go in the location we have placed it. He stated they will build a private kennel if their request for a commercial kennel is denied. Mr. Thomas explained since the board is required to follow strict guidelines, acquiring a scale drawing is important. Mr. and Mrs, Campbell stated they will be constructing the building themselves. Mr. Karr stated the board needs a detailed drawing. He stated kennels are a sensitive issue. Mr. Campbell stated they will get the drawing if the variance is granted. Ms. Campbell stated she has 13 dogs of her own and wants the kennel primarily for her own use with the ability to kennel some of her customers' dogs. He indicated he understood their situation, but it would be classified as a commercial kennel. Mr. Campbell stated they cannot reposition the kennel due to the rock ledge on the property. Mr. Thomas explained the board has guidelines it is required to go by. Mr. Barnes stated he is unable to determine the exact distance the septic system is from the well from the drawing. He stated the petitioners may have the capability to make the building ft but from the submitted drawing, the actual distance cannot be determined. Mr. Karr noted they have been up to see the property. Mr. Campbell stated the board did not get out of the vehicle. Mr. Thomas stated he did get out of the vehicle to look at the property. Mr. Campbell stated to date they have spent $400 on this petition. Ms. Campbell stated they had already cleared the land when they realized the setback was insufficient. Mr. Barnes requested information from staff regarding private kennels. Mr. Murphy stated only dogs belonging to that property are allowed to be housed at a private kennel. Mr. Karr motioned to deny the request based on the findings that the property was acquired by the owner in good faith, none of the following special conditions exist: the property is not exceptionally narrow, shallow, or of unusual shape and size; the property does not have exceptional topographic conditions, and there is not an extraordinary situation or condition affecting this property. He stated denying this request and applying the County's zoning ordinance would not effectively prohibit or unreasonably restrict the use of the property by the owner. He stated, therefore, the granting of this requested variance does not satisfy the three tests set forth in the Virginia statute as follows: a strict application of the zoning ordinance would cause undue hardship to the property owner; such a 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 a substantial detriment to adjacent property and the character of the district will not be changed by granting the variance. Mr. Barnes seconded the motion The motion was approved with the following vote: AYES: Jones, Thomas, Karr, Barnes NAYS: None ABSENT: Wright APPROVAL OF MINUTES Mr. Jones moved to approve the March 16, 2005 minutes. Mr. Barnes seconded the motion, which carried with the following vote: AYES: Jones, Thomas, Karr, Barnes NAYS: None ABSENT: Wright COMMENTS Mr. Beard presented a letter to the board regarding Alfred and Patsy Saunders. He provided an update on the case. He requested permission from the board to release the $5000 bond to Mr. Glenn Mitchell. Mr. Karr made the motion to release the bond. Mr. Barnes seconded the motion, which carried with the following vote: AYES: Jones, Thomas, Karr, Barnes NAYS: None ABSENT: Wright There being no further business, the meeting was adjourned at 7:22 p.m. Respectfully Submitted, Susan Carter Approved: l J. �- John Murphy, Secretary Board of Zoning Appeals