Loading...
HomeMy WebLinkAbout1/21/2004 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — JANUARY 21, 2004 PRESENT: Mr. Eldon Karr, Chairman Mr. Eric Thomas Mr. Rodney McNeil Mr. Richard Jones Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. Timothy Beard, Secretary Ms. Susan Carter, Recording Secretary ABSENT: Mr. Carlton Wright Mr. Eldon Karr called the meeting to order at 7:06pm. APPROVAL OF AGENDA Mr. Jones moved to approve the agenda. The motion was seconded by Mr. McNeil which carried unanimously. PUBLIC HEARING PETITION Motion to reconsider variance requested by Alfred E. and Patsy G. Saunders of Section 30-32-3(B)i.a of the Roanoke County Zoning Ordinance to reduce the minimum front yard setback from 50 feet to 45 feet. The purpose of this request is to permit the relocation of an existing dwelling located at 3530 Simsmore Avenue, Vinton Magisterial District and to establish a deadline for compliance with all Deed Declaration of Variance Conditions set out May 27, 2002. Mr. Jones motioned to reconsider the requested variance. Mr. Thomas seconded the motion. AYES: McNeil, Karr, Thomas, Jones NAYS: None ABSENT: Wright Mr. Alfred E. Saunders, 3530 Simsmore Avenue, explained he had the porch constructed for his wife at the request of her doctor. He stated his wife has osteoporosis which makes it very risky if she falls due to snow. Mr. Karr stated that although he understands his situation, the prior ruling remains in effect. He asked the reason the petitioner constructed the porch if he plans to move the house. Mr. Saunders stated he will not be able to move the house for 2 or 3 months. He stated he needed the porch during the Winter for his wife. He stated the contractor failed to notify him when he would be constructing the porch. He stated the porch can be taken down. He stated he still wants to move the house in order to bring it into compliance. Mr. Karr noted two years ago they agreed he could leave the house where it is. He stated according to the deed no other person can live in the house other than he or his wife. He stated if he dies no one would be able to stay in the house in order to care for her. Mr. Obenshain stated he believes someone can live in the home in order to care for Mrs. Saunders. Mr. Saunders a1 r stated Mr, Mahoney told him no one can move in with her according to the deed. Mr. Obenshain stated he is required to move the house or post bond. Mr. Karr stated Mr. Saunders was to post bond of $5,000 in May 2003. Mr. Saunders stated he used $5,800 for medical equipment for his ailment. Mr. Karr asked how much it would cost to move the house. Mr. Saunders stated it will cost $4,500 to have the house moved. He stated he has saved some of the -money necessary to move the house. Mr. Karr informed Mr. Saunders he can acquire a.bond from a bondsman or a letter of credit from the bank. Mr. Obenshain explained the process and purpose of acquiring a bond. Mr. Karr asked Mr. Saunders if he has a mortgage on his home. Mr. Saunders stated he has a mortgage on the doublewide but not on the property. Mr. Karr reiterated that Mr, Saunders was to have moved the house or post the bond by May 2003. Mr. McNeil asked Mr. Saunders if he wants to move the house. Mr. Saunders said he will move the house when the weather breaks. Mr. Thomas asked if Mr. Saunders has a written estimate to move the house. Mr. Saunders affirmed he has a written estimate. Mr. McNeil asked when he plans to moved the house. Mr. Saunders stated he plans to move it by May 2004. Mr. McNeil suggested that they consider allowing him until June 2004 to move the house or post the bond. Mr. Jones noted no action could be taken tonight on this.issue. He stated they can vote to amend the variance at the next meeting. Mr. Obenshain reviewed the history and explained the options which would allow Mr. Saunders to have a marketable title, Mr. Karr asked Mr. Saunders if he has tried to sell the house. Mr. Saunders stated he tried to get someone to buy the doublewide so that he could then acquire a smaller home. Mr. McNeil asked Mr. Obenshain if the variance is cancelled can he still acquire a building permit. Mr. Jones stated they could grant a conditional variance. Mr. Obenshain affirmed he cannot get a building permit without the variance. Mr. Karr asked if Mr. Saunders had acquired a building permit for the porch construction. Mr. Saunders said he did not get a building permit because he thought it was covered by the variance. Mr. Karr told Mr. Saunders he was required to acquire a building permit. He stated when the house is rotated the setback required will be greater than 45 feet with the addition of the porch. He stated if be had acquired a building permit, the county would have pointed this out to him. He stated the house can be rotated but not the porch. Mr. Thomas explained since the porch is affixed to the ground it is considered to be part of the structure. Mr. Saunders stated he told Mr. Beard he would not put the porch back up after moving the house if it was not in compliance. Mr. Beard explained the doublewide itself will come up to the setback boundary when moved without the addition of the porch pending a surveyor's verification. He stated Roanoke Awning is trying to work with the Saunders to take down the porch. Mr, Saunders stated he knows the porch is not legal but would like to leave it in place for his wife until the house is moved. He stated that he knows he did wrong and he is not trying to get out of it. He stated he knows he cannot put the porch back up after they move the house. Mr. Thomas told Mr. Saunders the variance was granted because the BZA members did not think he meant to place the house in a non -conforming location. He stated Mr. Saunders is giving the members no recourse. He stated they have to do what is right by the law. He stated they need something in writing to guarantee things will be done which have been requested of Mr. Saunders. He stated he understands his problems. Mr. Karr stated they are not uncompassionate to his problems but he needs to follow the criteria and rules. Mr. Obenshain stated he will further research the issues and options. Mr. Thomas asked Mr. Saunders to check about acquiring a bond, Mr, Karr instructed Mr. Saunders he will need to be prepared by next month to place bond. Mr. Beard noted the meeting date will be February 18, 2004. 2 ELECTION OF OFFICERS Mr. Karr moved to appoint Mr. Thomas as 2004 BZA Chairman. Mr. McNeil seconded the motion. AYES: McNeil, Karr, Thomas, Jones NAYS: None ABSENT: Wright Mr. McNeil moved to appoint Mr. Jones as 2004 BZA Vice Chairman. Mr. Thomas seconded the motion. AYES: McNeil, Karr, Thomas, Jones NAYS: None ABSENT: Wright Mr. Karr moved to appoint Mr. Tim Beard as 2004 BZA Secretary. Mr. Jones seconded the motion. AYES: McNeil, Karr, Thomas, Jones NAYS: None ABSENT: Wright Mr. McNeil moved to appoint Ms. Janet Scheid and Mr. David Holladay as 2004 BZA Alternate Secretary. Mr. Jones seconded the motion. AYES: McNeil, Karr, Thomas, Jones NAYS: None ABSENT: Wright APPROVAL OF MINUTES Mr. McNeil moved to approve minutes of December 17, 2003. Mr. Jones seconded the motion which passed unanimously. BZA 2003 ANNUAL REPORT AND 2004 PUBLIC HEARING CALENDAR Mr. Beard gave an overview of the reports and calendar. Mr. Karr motioned that the reports and calendar be accepted into the County records. 3 COMMENTS Mr. Karr commended the members on the 2003 BZA Annual Report statistics. Mr. Jones stated the action taken tonight regarding the Saunders case was appropriate. Mr. McNeil stated they will vote next month. Mr. Karr noted they will take action next month. Mr. Obenshain explained the procedure on how to keep the case on the docket. Mr. Beard suggested having Blue Ridge Parkway representatives present at the next meeting since Mr. Saunders property adjoins the parkway. There being no further business, the meeting was adjourned at 7:46pm. Respectfully Submitted, �� - Susan Carter, Recording Secretary Approved: Tim Beard, Secretary Board of Zoning Appeals M