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HomeMy WebLinkAbout12/15/2004 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — DECEMBER 15, 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. Jones moved to approve the agenda. The motion was seconded by Mr. Wright, which carried unanimously. PUBLIC HEARING PETITION 1. 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. Ms. Latara Willis, 5828 Twine Hollow Road, spoke regarding the request. She stated she would like permission to build a home on the parcel located at 5812 Twine Hollow Road, Mr. Wright asked about the property ownership. Ms. Willis stated she will purchase the property if the variance is approved. Mr. Thomas asked if the property was under contract. Ms. Willis stated she does not have a written contract on the property. Mr. Karr asked if she had an agreement with the current owner. She stated he knows if the request is approved, she will purchase this parcel. Mr. Alex Journell, 5822 Twine Hollow Road, stated he and his wife own the adjoining property. He spoke against the request since the house will be dissimilar to the surrounding properties. He stated he and his wife have lived at this property for approximately 5 years. He stated he was told the adjoining parcel was not large enough to permit the construction of a home. Mrs. Joumell stated they do not want to deny the petitioner a house but she does not want it built on this parcel. Mr. Thomas inquired about the proposed price of the property. Mrs. Journell stated they were told it would be approximately $4,000. Mr. Karr expressed concern regarding prohibiting building on this parcel. Ms. Journell stated if they purchased the property they could construct a garage on the property. She expressed concern regarding privacy if the variance is granted. Mr. Joumell stated they purchased their home with the belief a house would not be built on the adjoining parcel. Mr. Beard stated according to the house plan, the side door would face the street and not the Journell home. Mr. Jones asked about applying conditions. Mr. Obenshain stated conditions could be applied. Mr. Karr motioned to approve the requested variance based on the findings that the property was acquired by the owner in good faith, the property is exceptionally narrow, shallow, and unusual shape and size, and has exceptional topography consisting of a steep slope on the eastern side; 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 applied the following condition: 1. No door or other structure shall be placed on any structure built on this property that faces generally south towards 5822 Twine Hollow Road. Mr. Wright seconded the motion with the following vote: AYES: Thomas, Jones, Karr, Wright, Barnes NAYS: ABSENT: VARIANCE LAW REVISITED -- SIGNIFICANCE OF COCHRAN DECISION Mr. Joe Obenshain discussed the Supreme Court Decision regarding the Cochran case which involved Fairfax County, City of Virginia Beach, and Town of Pulaski. He stated this case illustrates the Zoning Ordinance is the law as designed by local officials. The BZA members discussed various petitions which have come before them for decisions. APPROVAL OF MINUTES Mr. Karr moved to approve minutes of November 17, 2004. The motion was seconded by Mr. Wright, which carried unanimously. COMMENTS Mr. Beard provided updates on both the Johnson case and the Saunders case. There being no further business, the meeting was adjourned at 8:05 p.m. Respectfully Submitted, Susan Carter Approved: Tim Beard, Seer ary Board of Zoning Appeals OA