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HomeMy WebLinkAbout11/17/2004 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — NOVEMBER 17, 2004 PRESENT: Mr. Eric Thomas, Chairman Mr. Richard Jones Mr. Carlton Wright Mr. Eldon Karr Mr. Kevin Barnes Mr. Joseph Obenshain, Senior Assistant County Attorney Mr. Timothy Beard, Secretary Ms. Susan Carter, Recording Secretary Mr, Thomas called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Wright moved to approve the agenda. The motion was seconded by Mr. Karr, which carried unanimously. PUBLIC HEARING PETITION 1. Reconsideration of a Variance requested by Shashi, Inc. of Section 30-93-13(E)5 of the Roanoke County Zoning Ordinance to increase the freestanding sign height from 35 feet to 65 feet. The purpose of this request is to improve visibility of the existing sign located at 1671. Skyview Road, Catawba Magisterial District. Mr. Charles R. Allen, Jr., Esquire, spoke representing the petitioner. He introduced the petitioner, Mr. Pramod Sharma. Mr. Allen stated trees from the VDOT right of way are blocking the view of the Ramada Inn sign. He stated it is difficult to see the sign from the access road when coming off of I -Sl. He stated he relies on traveling motorists for business. He stated it is important that the sign be visible to passing motorists. He stated the trees are in VDOT's right -of- way so they cannot be trimmed. He stated it is important to increase the height of the sign for visibility. He stated strict application of the ordinance creates a hardship. He stated it would not be detrimental to the character of the area. He stated the increased height will not change the character of the area since the property is currently commercial. He stated the issues are not shared by other properties but are unique to his establishment. Mr. Jim Clifton, 782 Skyview Road, President of Brushy Mountain Civic League, spoke in favor of the petition. He stated the request is reasonable. He stated the petitioner's nearby competitors are all located with Salem City limits. He stated he agrees if business is to survive it will be necessary to increase visibility. He stated he represents the majority of surrounding neighbors. Mr. Thomas asked if any neighbors had spoken directly with him opposing the petition. Mr. Clifton stated no one had spoken directly to hire in opposition of the request. Mr. Jesse Bradley, 723 Skycoe Drive,. spoke in favor of the petition. He stated when hotel was built the original sign was visible above the trees. He stated the trees are now obstructing the view. He stated other signs in the area have been raised. He stated the sign will be in view from his home but it is a reasonable request. Mr. Dan Pollock, 920 Shirley Road, spoke in favor of the petition. He stated the petitioner has been a good neighbor. He stated the request is reasonable. Mr. Pramod Sharma, spoke regarding the petition. He thanked the neighbors for supporting his request. He stated he wants to be a good neighbor. He noted patrons have difficulty finding his hotel. He stated his tax base has decreased from 14K to 3K quarterly. Mr. Wright asked if the petitioner had requested a land use permit to trim the trees. Mr. Shama stated he contacted VDOT but they stated they will not cut the trees. He stated his sign should be visible from Exit 143. He requested that VDOT allow him another sign but they refused. Mr. Barnes asked about the sign on Wildwood Road, Mr. Sharma stated the sign has been there for awhile. Mr. Barnes asked if he had pursued sites for off -premise signage. Mr. Sharma stated he has tried to acquire billboard space for one year without success. He stated he has also tried to acquire space on other properties but has been unsuccessful. Mr. Karr stated the hotel was the first hotel built near the interchange. He stated the competition which has subsequently been constructed is decreasing his business. He noted the foliage is hurting his businesses but other problems exist. Mr. Allen stated the increase height of the sign would help `level the playing field' for the petitioner. Mr. Sharma stated he is being harmed by complaints which patrons are snaking to Ramada Inn administration regarding lack of visibility. Mr. Wright discussed photos regarding signage visibility from the highway. Mr. Rick Gordon, 1661 Skyview Road, stated his property adjoins the petitioner's property near the hotel swimming pool. He stated he has lived in this area most of his life. He suggested the petitioner place a sign in an off-site location. He stated he does not want the light from the sign glowing into his sunroom. He stated the petitioner needs a sign near the exit ramp or a lighted directional sign. Mr. Thomas asked Mr. Gordon if he had a place on his property to place a sign for the petitioner. Mr. Gordon stated he is up the road from the hotel which would not increase visibility for motorists. Mr. Wright motioned to approve the requested variance based on the findings that the property was acquired by the owner in good faith, the property has exceptional topography with trees blocking the sign, and strict application of the County's zoning ordinance would unreasonably restrict the use of the property by the owner. The granting of this requested variance would satisfy the following tests as set forth under state law: strict application of the zoning ordinance would cause undue hardship to the property owner; such hardship is not shared generally by other properties in the same zoning district and the same vicinity; authorization of a variance will not be of substantial detriment to adjacent property and character of the district will not be changed by granting a variance. He stated he recognized the financial hardship but is overlooking this issue when making his findings. Mr. Karr seconded the motion with the following vote: AYES: Thomas, Karr, Wright, NAYS: Jones, Banes ABSENT: 2 2. Variance requested by Latara Willis of Section 30-41-3(B)4 of the Roanoke County Zoning Ordinance to reduce the minimum front yard (corner) setback from 30 feet to 17 feet. The purpose of this request is to construct a residence at 5812 Twine Hollow Road, Catawba Magisterial District. Mr. Beard explained the petitioner has requested a continuance due to illness. Mr. Karr motioned to approve the requested continuance at the request of the petitioner. Mr. Wright and Mr. Jones seconded the motion with the following vote: AYES: Thomas, Jones, Karr, Wright, Barnes NAYS: ABSENT: 3. Variance requested by Lance A. Copperman of Section 30-34-3(B)3.a of the Roanoke County Zoning Ordinance to reduce the minimum principal structure rear yard setback from 25 feet to 15 feet. The purpose of this request is to construct an addition to the existing dwelling located at 5733 Sugar Loaf Mountain Road, Windsor Hills Magisterial District. (Continued from September 20, 2004) Mr. Beard presented a letter from Mr. Ed Natt, Esquire, representative for the petitioner, withdrawing the petition. Mr. Jones motioned to approve the withdrawal of this petition at the request of the petitioner. Mr. Karr seconded the motion with the following vote: AYES: Thomas, Jones, Karr, Wright, Barnes NAYS: ABSENT: APPROVAL OF MINUTES Mr. Karr moved to approve minutes of October 20, 2004. The motion was seconded by Mr. Wright, which carried unanimously. COMMENTS Mr. Beard stated more updates would be available on both the Saunders case and Johnson case at December's hearing. There being no further business, the meeting was adjourned at 7:33 p.m. N Respectfully Submitt� �ed, ��— Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals