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HomeMy WebLinkAbout7/21/2004 - MinutesROANOKE, COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — JULY 21, 2004 PRESENT: Mr. Eric Thomas, Chairman Mr. Richard Jones Mr. Devin Barnes Mr. Joe Obenshain, Senior Assistant County Attorney Mr, Timothy Beard, Secretary Ms. Susan Carter, Recording Secretary Absent: Mr. Carlton Wright Mr. Eldon Karr Mr. Thomas called the meeting to order at 7:01 p.m. APPROVAL OF AGENDA Mr. Jones moved to approve the agenda. Mr. Barnes seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1. Variance requested by Deborah L. Shelton of Sections 30-82-1(C)La, 30-82-1(C)l.b and 30-33-3.(B)3.a of the Roanoke County Zoning Ordinance to reduce the minimum area required from 3 acres to 0.8 acre and to reduce the minimum rear yard setback from 25 feet to 10 feet in order to construct an accessory apartment outside the principal dwelling located at 2825 Gum Springs Road, Catawba Magisterial District. Ms. Deborah Shelton, 2825 Gum Springs Road, stated her son who is visually impaired would reside in the requested accessory apartment. Mr. Barnes asked the petitioner how long she has lived on the property. Ms. Shelton stated she has lived on this property about 22 years. Mr. Thomas asked if she had considered building onto the principal dwelling. She stated there is no way to add onto the house. She stated her son is 27 years old and wants his own place. Mr. Jones asked about relocating the property line in order to eliminate the need to reduce the setback variance. She stated she has spoken with her finance company who does not want her to adjust property lines. Mr. Jones asked how she planned to build on the steep slope of her property. She stated the land behind 2837 Gum Springs Road is not as steep. Mr. Jones asked the petitioner if she plans to put the house on her property behind the adjoining property. She affirmed she would like to build on this property since it is more level. Mr. Jones stated other setback issues may apply if the structure is built on that portion of the property. He also expressed concern regarding creating a pipestem lot. Mr. Beard spoke with Mr. David Holladay, Zoning Administrator, regarding this issue. He stated the Zoning Administrator did not consider the property in that way. Mr. Jones stated the zoning setback from the other property line may be interpreted as a front yard setback. Mr. Barnes noted if not considered a pipestem and house is located in the back strip of the property, the sideyard setbacks would apply. Mr. Jones asked staff about the sideyard setback restrictions. Mr. Beard stated the setback for AGIzoning would be 201 sideyard setback (10 feet if the accessory structure is located behind the rear wall of the principal building). Mr. Beard stated his previous discussion with Ms. Shelton she indicated the house would be located more directly behind her home. Ms. Shelton stated the property at 2825 Gum Springs Road belongs to her other son. Mr. Robert Cornett and Ms. Jeannie Cornett, 2869 Gum Springs Road, requested information regarding the petition. Mr. Cornett stated they have received conflicting information regarding the requested variance. Ms. Cornett expressed concern regarding access to the requested apartment. Mr. Thomas explained the request. Mr. Cornett expressed concern about possible damage to their driveway if access is granted near their property. Mr. Cornett explained the history of the property and right of ways. Mr. Jones and Mr. Barnes both questioned if the access was right of way or casement. Mr. Obenshain asked if the right of way was on the petitioner's son's property. Ms. Shelton affirmed the right of way was on her son's property. Mr. Obenshain and the BZA members discussed the property map with regards to right of way with the petitioner and Mr. & Mrs. Cornett. Mr. Thomas expressed concern regarding placement of a septic system with drain lines within this small area. Mr. Obenshain stated the board may want to look at the deed to determine right of way and easement. Mr. Thomas stated more information would be needed in order to determine issues regarding right of way. Mr. Jones stated he is sympathetic to the situation but the BZA is charged by state guidelines which strictly defines hardship. Mr. Jones motioned to deny the requested variance. Mr. Barnes seconded the motion with the following vote: AYES: Thomas, Jones, Barnes NAYS: None ABSENT: Wright, Karr APPROVAL OF MINUTES Mr. Jones moved to approve the minutes of June 16, 2004. Mr. Barnes seconded the motion which carried unanimously. COMMENTS Mr. Beard provided a brief update on the Alfred and Patsy Saunders case. There being no further business, the meeting was adjourned at 7:38 p.m. 4 Respectfully Submitted, �s ts� c Susan Carter Approved: Tire Beard, Secretary Board of Zoning Appeals