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HomeMy WebLinkAbout6/15/2005 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING -- JUNE 15, 2005 PRESENT: Mr. Eric Thomas, Chairman Mr. Eldon Karr Mr. Carlton Wright Mr. Kevin Barnes Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. John Murphy, Secretary Ms. Susan Carter, Recording Secretary Absent: Mr. Richard Jones Mr. Eric Thomas 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 Fleetwood Retail Corp. for an administrative appeal of the Zoning Administrator's interpretation of the definition of a manufactured home, Roanoke County Zoning Ordinance Section 30 -28. The purpose of this request is to determine if the proposed residential structure constitutes a manufactured home, located at 7012 Greenway Drive, Hollins Magisterial District. Mr. Cameron Beck, Esquire, spoke representing the petitioners. He introduced Mr. Todd Gilbert of Mascot Homes, Mr. Larry Reynolds of Fleetwood Retail Corp., Mr. William Wilkins and Mrs. Jeanne Wilkins, the property owners. Mr. Beck discussed the differences between manufactured homes and modular homes. He stated manufactured homes are governed by Federal regulations and modular homes are governed by State regulations. He stated states are not permitted to regulate manufactured homes. He referenced various Federal and State code sections regarding this issue. He discussed the definitions of both manufactured homes and modular homes. He stated the original building permit for a modular home was acquired from Roanoke County prior to the 1 Zoning Administrator's opinion. He stated the Roanoke County Zoning Ordinance has to be consistent with State law. He discussed the foundation regulations. Mr. Todd Gilbert of Mascot Homes, spoke regarding the petition. He stated the Wilkins home is not a manufactured home. He stated this house was built according to state regulations. He described the inspection process. He stated they use a 3rd party inspection company to inspect the homes during construction in the factory. Mr. Karr inquired about the qualifications of the inspectors. Mr. Beck deferred to Mr. Roy T. Bonney. Mr. Bonney stated PFS is a design and engineering firm which oversees the construction of the home in the factory. He stated PFS provides inspectors to inspect the home while in the factory. Mr. Bonney stated he is President of R. T. Bonney and Associates, Inc., a consulting firm which specializes in code compliance, regulatory affairs, and litigation involving factory built housing. He discussed the various codes required to build this type of home. Mr. Karr inquired about inspection of the foundation. Mr. Bonney stated the 3 rd party inspectors inspect the structure only while at the factory. He stated the engineers do inspect the design of the home. He stated the contractor's work at the building site would be inspected by local inspectors. Mr. Beck presented a picture showing the home was inspected by PFS. Mr. Gilbert stated the house was not built according to Federal regulations. He stated outside inspectors were used. He stated PFS works in 7 different states. Mr. Thomas referred to a document found on the internet regarding Fleetwood Homes. He stated the petitioners' home fits guidelines on this document describing manufactured homes. Mr. Thomas gave the document to Mr. Beck to review. Mr. Beck stated the house was built by Mascot Homes with Fleetwood Homes being the retailer. Mr. Thomas stated if the home does not conform to regulations, it should not have been placed at this location. Mr. Bonney stated the petitioners' home was built according to same codes which govern `stick - built' homes. He reviewed the differences. Mr. Karr stated the intent is to control quality of construction of the homes. He stated building codes are minimal standards designed for protection. He expressed concern regarding the quality of the house. Mr. Bonney stated the Roanoke County Ordinance does not conform to the state law. He stated it should be brought into conformity. Mr. Karr stated according to documents, Froeling and Robertson recommended foundations of 4 feet deep; he stated according to the petitioner's drawings, the foundations are only 18 inches deep. He suggested removing the home from the foundation to correct this issue. Mr. Beck referred to the case of Steven Kelsinger vs. Board of Zoning Appeals of Westmoreland County, involving manufactured and modular homes. He handed out information regarding this case. Mr. Thomas again referred to the Fleetwood Homes internet document. Mr. Bonney stated the document was produced under Lifestyle, Inc. Mr. Thomas inquired about warranty. Mr. Bonney stated the home has a warranty like other new homes. Mr. Wright stated the home looks like a double wide mobile home. Mr. Beck stated the Roanoke County and state law should be the same. Mr. Thomas asked Mr. Beck if the house is a manufactured home by the definition on the internet document. Mr. Beck stated it is. Mr. Thomas stated the Roanoke County Zoning Ordinance should have been checked prior to setting the house. Mr. Karr noted questioning the legality of the county ordinance is another issue. He stated the question for the BZA is whether to agree or disagree with the Zoning Administrator's opinion. Mr. Beck stated they are challenging his opinion since the ordinance is defective. He stated they take the ordinance and Comprehensive Plan into consideration while making their decisions. He stated the ordinance is designed to keep construction out of the neighborhood which would devalue the surrounding properties. Mr. Beck provided code section documents to Mr. Obenshain. Mr. Joseph Stonelake, 7034 Greenway Drive, spoke against the petition. He stated the contractor on site is from Fleetwood Retail. He stated the residents have invested in this neighborhood and do not want manufactured homes. He questioned if the structure would be sound in 20 years. Mary Jane Kanode, 7334 Chester Drive, spoke in opposition of the petition. She stated she feels badly for the family for all of the expense they have incurred. She expressed concern about future development on a lot adjoining her property. Mr. Herman Astacio, 7004 Greenway Drive, stated the home is very close to his. He questioned the setbacks. He also stated the lot is overgrown and needs to be cleaned. Mr. Bill Wilkins, owner of the property at 7012 Greenway Drive, spoke regarding the petition. He stated the property was appraised at $182, 000. Mr. Thomas inquired about the appraiser. He stated they have done everything they were required to do and are 90% complete. Mr. Wilkins stated they chose 'on frame' construction. Paul Black, 7945 Hollins Court, spoke in opposition of the petition. He stated he owns property from the Hash Estate. He stated spot zoning is 3 not going to work. He stated there are no footers. He stated the home was brought in and set with a crane. Charlene Fisher, 6708 Greenway Drive, spoke against the petition. She stated she purchased her home in 1967. She stated the petitioner's home is inappropriate for this neighborhood. Mr. Stonelake stated he previously lived in a manufactured home on 12 acres which was an appropriate location for manufactured homes. He stated an insurance company will not insure this type of home after 10 years. He then provided an explanation of the types of inspectors. Mr. Beck stated Fleetwood has gone through the proper channels and has not been underhanded. Mr. Barnes stated that by definition the home is a manufactured home. Mr. Wright motioned to uphold the Zoning Administrator's decision Mr. Barnes seconded the motion with the following vote: AYES: Thomas, Wright, Karr, Barnes NAYS: None ABSENT: Jones APPROVAL OF MINUTES Mr. Karr moved to approve the May 18, 2005 minutes. Mr. Wright seconded the motion, which carried with the following vote: AYES: Thomas, Wright, Karr, Barnes NAYS: None ABSENT: Jones COMMENTS There were none. al There being no further business, the meeting was adjourned at 8:03 p.m. Respectfully Submitted, Approved: John Murphy, Secretary Board of Zoning Appeals