Loading...
HomeMy WebLinkAbout4/16/2003 - Minutes ROANOKE COUNTY BOARD OF ZONING APPEALS--MEETING MINUTES PUBLIC HEARING—APRIL 16, 2003 PRESENT: Mr. Eldon Karr, Chairman Mr. Rodney McNeil Mr. Eric Thomas Mr. Richard Jones Mr. Carlton Wright Mr. Timothy Beard, Secretary Mr. Eldon Karr called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA JI Mr. Jones moved to approve the agenda. Mr. Wright seconded the motion which carried unanimously. PUBLIC HEARING PETITION 1. Administrative Appeal requested by Professional Office Properties,LLC of the decision to approve construction plans of Carilion Health Systems, Inc./Roanoke Athletic Club, as it relates to Sections 30-91-9 Minimum Parking Required, 30-9- ' 1 Building Permits-Relation to Zoning, and 30-9(A) and 30-9(C)Zoning Permits of the Roanoke County Zoning Ordinance. The purpose of this appeal is to insure that adequate off-street parking exists to serve the Roanoke Athletic Club located at 4508 Starkey Road, Cave Spring Magisterial District. WITHDRAWN BY PETITIONER Mr. Karr read the petition. He stated the petition was withdrawn by the petitioner. APPROVAL OF MINUTES Mr. Wright moved to approve the February 19, 2003 minutes. Mr. McNeil seconded the motion,which carried with the following vote: ! AYES: McNeil, Thomas, Jones, Wright,Karr NAYS: None ABSENT: None i COMMENTS Mr. Karr deferred the meeting to Mr. Beard. Mr. Beard presented materials regarding the Saunders case. He stated outstanding problems within the Saunders house may E: i { postpone enforcement of the prior ruling. He stated it may be necessary to postpone enforcement until results of research are received from the both Pennsylvania and Virginia Housing and Community Development Departments. He stated the Saunders have requested these agencies assist in cleaning the house in order to make it safe to live in or have it removed and replaced with a new manufactured home. Mr. Beard stated Mr. Saunders brought a sample of the residue he states is being deposited within the house. He stated Mr. Saunders also informed him the particles have also harmed he and his wife. He stated the Saunders moved from their home for several months under the direction of their physician. He stated currently they are living in the house. Mr. Beard stated attorneys are now involved in this case. He stated after the investigation has been completed , the case will be placed on the BZA Agenda. He stated the permit for the Saunders to stay in the house and not have the house comply with setbacks, will expire the first week in May 2003. Mr. McNeil asked if the Saunders post the bond, do they need to move the house. Mr. Beard stated if the Saunders do not voluntarily move the house,the County will take the bond and move the house for them. Mr. McNeil stated he understood the variance would remain effective as long as the Saunders lived in the house. Mr. Beard reviewed the declaration. Mr. Jones stated he understood if the Saunders posted the bond by May 1"the County would not take any action. Mr. Wright stated if the bond is not posted, the County would be able to take action to remove the house. Mr. Beard expressed a desire for Mr. Paul Mahoney to interpret the declaration more extensively. Mr. Beard explained the residue issue in the house. Mr. Thomas asked if Mr. Beard had received documentation from a licensed physician instructing the Saunders to move out of the house. Mr. Beard stated it may or may not be necessary for the County to take further action. He stated the dealer who sold the unit to the Saunders was also Mr. Saunders employer. He stated when Mr. Saunders took action against the company,his employment was terminated. Mr. Wright stated the BZA had explored every possible solution to resolve the setback issue. Mr. Thomas asked if any documentation had been received from the Roanoke Health Department. Mr. Beard reported he has not received any documentation from the health department. He noted Mr. Saunders has provided documentation received when the home was purchased referring to the use of formaldehyde. Mr. Thomas stated more facts are needed before making a decision on the case. Mr. Beard stated the documentation presented tonight is for informational purposes. He stated he would update the BZA members as information is received on the case. Mr. Karr reviewed the letter from the Department of Housing and Community Development of Virginia. He stated the letter states Bennie's Mobile Homes has 20 days from the date of receipt of the letter to respond to the complaint. Mr. Beard stated all parties have been conversing with their attorneys. Mr. Karr noted none of the information received relates to the position of the house on the site. Mr. Beard stated one of the parties has tried to attribute the residue problem with the soil quality of the location of the house. He stated Mr. Saunders believes it is strictly an interior problem. Mr. Beard stated if the BZA needs to take further action,Mr. Mahoney will be consulted. Mr. Thomas questioned why the Roanoke Heath Department has not been contacted regarding this issue. Mr. Beard stated to his knowledge the Roanoke Health Department has not been consulted. There being no further business,the meeting was adjourned at 7:22 p.m. Respectfully Submitted, Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals