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HomeMy WebLinkAbout8/17/2016 - MinutesBZA Members Present: Mr. Richard Jones, Chairman Mr. Eric Thomas Mr. Barry Beckner Mr. Carlton Wright Staff Present: Mr. John Murphy, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Mr. Brian Hughes Ms., Bailey DuBois Ms. Susan McCoy, Recording Secretary CALL TO ORDER Mr. Jones called the meeting to order at 7.00 p.m. APPROVAL OF AGENDA Mr. Wright made a motion which passed 4-0. to approve the agenda. Mr. Thomas seconded the motion, Mr. Thomas made a motion to approve the July 20, 2016, minutes. Mr.Wright seconded the motion, which passed 4-0. PUBLIC HEARING The petition of Edward G. Elliott (Catawba Gunsmiths, Inc.) for an administrative appeal of the Zoning Administrator's written determination of Zoning Ordinance Section 30-82-3, Use and Design Standards, as a basis for the denial of a Type 11 Home Occupation, proposed to be located at 3502 Jensen Place Salem, 'Virginia 24153. The property is zoned AR Agricultural/Residential District and is located in the Catawba Magisterial District. Mr. Murphy presented a memorandum dated August 17, 2�016 with exhibits, providing a history and timeline of the petition. He reviewed the supporting exhibits, including the State Corporation Commission (SCC) identification information, initial contact with Alcohol Tobacco and Firearms (ATF), zoning designation of the property, notice from petitioner to appeal the Zoning Administrator's decision, Roanoke County Business License Zoning Compliance Checklist, Roanoke County Business License Application, written determination to petitioner, original application, permitted uses, Use and Design Standards, information regarding vested rights and nonconforming uses, application for firearms license, and listing of Federal Firearms Licensees - 2016. Mr. Murphy reviewed Mir. Elliott's, Federal Firearms License request, noting the license allows both repairing and selling guns. Mr. Murphy requested that the Board of Zoning Appeals uphold the Zoning Administrator's decision. BOARD OF ZONING APPEALS MINUTES AUGUST 17, 2016 Mr. Lubeck stated he represents Mr. Murphy and staff during the administrative appeal process. He discussed Code of Virginia 15.2-915, noting amendments have been made to this code section. He stated that the County's position is to support the Zoning Administrator's decision, noting the Zoning Ordinance is valid and restricts the sale of firearms in a home occupation business. Mr. Wright inquired if the use would transfer with the property if the property is sold. Mr. Lubeck and the Members discussed this issue. Mr. Lubeck stated the use would remain with the property if the property is sold. Mr. Edward Elliott provided a history of the application process. He stated he was trying to engage in lawful commerce, noting it was unreasonable to base the decision on future property owners. He stated that private citizen gun sales are not regulated by local or State government. He stated he is trying to be in full compliance of State and Federal laws. He stated Virginia is a Dillon Rule State and powers are strictly applied. He discussed Code of Virginia 15.2-915, including the attorney's view regarding buying and selling of firearms and transferring ownership of a firearm. He referred to a court decision regarding overreach of power regarding selling of firearms. Mr. Beckner inquired about SCC approval. Mr. Elliott stated he is legally organized as a gunsmith. Mr. Beckner inquired about FFL restriction. Mr. Elliott stated he has followed Federal laws regarding the transfer of firearms. He stated background checks are required when selling firearms. Mr. Thomas noted the business would be required to follow Federal regulations. Mr. Wright stated the ATF document indicates the applicant intends to do gunsmithing repairing or buying and selling of firearms, noting it is not for the BZA to determine that issue. Mr. Elliott stated the municipality does not have right to deny, noting it does not involve zoning. Mr. Jones opened the public hearing for public comment. Mr. Jeffrey Wold, 3490 Alltree Trail, stated he fully supports the petition. He stated that citizens have the right in this country to have guns. He stated none of the petitioner's neighbors have objections to the requested property use. Mr. Roger Dixon declined to speak, noting his question has been answered. With no other citizens requesting to speak, Mr. Jones closed the public comment portion of the meeting. Mr. Wright made a motion to deny the administrative appeal and uphold the Zoning Administrator's determination based on the following findings pursuant to Section 15.2- 2309 of the Code of Virginia: the applicant for the administrative appeal has not proved, by a preponderance of the evidence, that the strict application of the terms of the zoning ordinance would unreasonably restrict utilization of the property. Page 2 of 3 BOARD OF ZONING APPEALS MINUTES AUGUST 17, 2016 Mr. Thomas seconded the motion which passed with the following vote: AYES: Beckner, Jones, Thomas, Wright NAYES: None ABSTAIN: None Mr. Jones stated the petitioner has the right to appeal the Board of Zoning Appeals decision to the Circuit Court which would provide the final decision regarding this issue. COMMENTS Mr. Murphy stated the September 21, 2016 canceled. Board of Zoning Appeals Meeting has been There being no further business, Mr. Jones adjourned the meeting at 7:36 p.m. Respectfully Submitted, Susan McCoy, Recording S6detary Roanoke County Board of Zoning Appeals C\a, k' John Murphy, Secretary Roanoke County Board of Zoning Appeals Page 3 of 3