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HomeMy WebLinkAbout7/16/2003 - MinutesROANOKE COUNTY BOARD OF ZONING APPEALS — MEETING MINUTES PUBLIC HEARING — JULY 16, 2003 PRESENT: Mr. Eldon Karr, Chairman Mr. Rodney McNeil Mr. Eric Thomas Mr. Richard Jones Mr. Carlton Wright Mr. Joe Obenshain, Senior Assistant County Attorney Mr. Timothy Beard, Secretary Ms. Susan Carter, Recording Secretary Mr. Karr called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA Mr. Jones moved to approve the agenda. Mr. McNeil seconded the motion, which carried unanimously. PUBLIC HEARING PETITION 1. Variance requested by M. W. Dunbar Construction, Inc. of Section 30-41-3(B)l.a of the Roanoke County Zoning Ordinance to reduce the minimum front yard setback from 30 feet to 28.9 feet. The purpose of this request is to permit the location of an existing single family residence located at 5241 Dresden Circle, Hollins Magisterial District. Mr. Wright abstained from participating and voting on the petition due to his current business relationship with the petitioner. Mr. Mark Dunbar, 233 Reynolds Drive, Fincastle, VA, stated the front property line was mistakenly turned. He stated you cannot detect the error unless it is measured. He stated the buyers had the property surveyed by Balzer & Associates upon their purchase of the home. He stated Balzer & Associates verified their findings. He stated visually the house is in the row with other nearby houses. He stated the hardship would be that the only remedy would be to tear down the house and move the footers. Mr. Jones asked if he had researched relocating the property line. Mr. Dunbar stated if they petition the state highway department, it may never be granted. Mr. Jones asked if the property across the street from the petitioner's property had been sold. Mr. Dunbar stated the properties across the road are undeveloped. Mr. Thomas asked the petitioner if this had ever previously happened to him. Mr. Dunbar stated it had not happened to him prior to this instance. Mr. W. David Hale, General Contractor and Developer of Plantation Grove, 5338 Silver Fox Road, stated when a similar incident occurred in the 1970's in Botetourt County, they were able to work it out. He stated there is a slight curve in the road at this location. He stated pin to pin the line would be straight. Mr. Jones stated he is uncomfortable granting a variance without exploring other options. Mr. Karr stated this type of decision is difficult for the BZA. He stated the nature of the hardship needs to be explored. He stated the BZA cannot grant a variance solely for convenience. He noted previous variances have been granted for such errors. Mr. McNeil asked why homes are placed so close to the setback. Mr. Hale stated this house was placed close to the setback due to the narrowness of the lot. He stated the upper side is wider with the lower portion being more narrow. He also noted the house is on a corner lot. Mr. McNeil suggested factoring the possibility of an error when determining the placement of the house on the lot. He asked if the streets in this subdivision are accepted into the state highway system. Mr. Hale stated that the roads are in the state highway system and controlled by VDOT. Mr. Karr motioned to grant the requested variance. Mr. Thomas seconded the motion with the following vote: AYES: Jones, McNeil, Karr, Thomas NAYS: None ABSENT: None ABSTAIN: Wright 2. Reconsideration of a variance requested by Lorraine B. Kinsey of Section 30-41-3(B)2.b of the Roanoke County Zoning Ordinance to reduce the minimum side yard setback from 10 feet to 0 feet. The purpose of this request is to construct a detached carport located at 2820 Embassy Drive, Catawba Magisterial District. Ms. Lorraine B. Kinsey, 2820 Embassy Drive, requested she be allowed to install a carport in the location of her previous carport. She stated this location would be closer to her home and more convenient for her. She stated if the carport was placed in her backyard she would be required to walk in the rain and snow. Mr. Beard stated the petition had been advertised in the same manner as the previous ad. He explained the site plan to Ms. Kinsey. Mr. Jones stated he recommended the reconsideration based on the carport being placed behind the masonry portion of the foundation. Mr. Jones motioned to grant the requested variance with the following conditions: 1. The front edge of the carport shall be located behind the masonry foundation of the house. 2. The carport shall be at least 1 foot from the side yard property line. Mr. McNeil seconded the motion with the following vote: AYES: Jones, Wright, McNeil, Karr, Thomas NAYS: None ABSENT: None Mr. Wright asked Ms. Kinsey if she understood the conditions of the variance. She stated she understood. APPROVAL OF MINUTES Mr. Wright moved to approve the minutes of May 21, 2003 and June 18, 2003. Mr. Thomas seconded the motion which carried unanimously. F) COMMENTS Mr. Karr stated appointment of the BZA members were considered a quasi-judicial body by state code. He gave a brief history of the previous appointment procedure. He suggested researching the possibility of reversing the previous the 1989 BOS Charter to the General Assembly in order for the members to again be appointed by the Circuit Court. He noted this might prevent future BZA appointments from being politically motivated and maintain the integrity of the appeals process. Mr. Karr suggested that prior to the next BZA meeting, individual members discuss the topic with each BOS member, although they are not specifically bound to a magisterial district. Mr. McNeil asked how the Circuit Court receives the names for appointments. Mr. Karr stated. the BOS provides the names. Mr. McNeil stated since the BOS provides the names, they would still have the power over the appointed members. Mr. Wright stated when members were appointed by the court, they would remain on the board unless a malfeasance of responsibility was proven. Mr. Karr requested Mr. Joe Obenshain research this procedure. Mr. Obenshain agreed to research the issue and share the information with the members. Mr. McNeil inquired how many other counties are appointed by the BOS. Mr. Beard stated only one other locality in Virginia is known to make BZA appointments by the governing body. Mr. Wright gave a brief history of the events regarding the General Assembly adopting the Charter. There being no further business, the meeting was adjourned at 7:34 p.m. Respectfully Submitted, —6 P Q;4� Susan Carter Approved: Tim Beard, Secretary Board of Zoning Appeals 3