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HomeMy WebLinkAbout8/15/2018 - MinuteseOW&I 4 jqoww& BOARD OF ZONING APPEALS AUG U ST 15, 2018 BZA Members Present: Mr. Richard Jones, Chairman Mr. Robert Arthur Mr. Barry Beckner Mr. Eric Thomas Mr. Carlton Wright Staff Present: Mr. John Murphy, Secretary Mr. Peter Lubeck, Senior Assistant County Attorney Mr. Brian Hughes Ms. Susan McCoy, Recording Secretary CALL TO ORDER Mr. Jones called the meeting to order at 7:01 p.m. APPROVAL, OF AGENDA Mr. Wright made a motion to approve the agenda. Mr. Thomas seconded the motion, which passed 5-0. APPROVAL OF MINUTES AND RESOLUTION Mr. Wright made a motion to approve the February 21, 2018, minutes as amended. Mr. Thomas seconded the motion, which passed 5-0. Mr. Wright made a motion to approve the February 21, 2018, resolution. Mr. Beckner seconded the motion, which passed 5-0. The petition of two administrative appeals requested by Stanley A. Seymour, III and Jane L. Seymour of 5960 Coleman Road and by Adrian Maver and Blaine Creasy of 5946 Coleman Road. The administrative appeals are based on written zoning determination letters rendered by the Zoning Administrator on March 30, 2018 and on May 17, 2018, regarding a property located at 5985 Coleman Road owned by 5985 Coleman Road LLC (Southwest Virginia Wildlife Center of Roanoke ("SVWC")). The noted grounds of the first appeal are: 1) the Zoning Administrator erred in determining that the present use of the SVWC property as a veterinary hospital/clinic is in conformance with the Roanoke County rules and ordinances; 2) the SVWC property is not yet eligible for a special use permit (which would allow the SVWC to construct additional structures on the property); and 3) the Zoning Administrator erred in classifying the present use of the SWVC property as that of a "veterinary hospital/clinic." BOARD OF ZONING APPEALS MINUTES AUGUST 15, 2018 The noted grounds of the second appeal are: 1) the Zoning Administrator erred in classifying a certain proposed structure as a principal building instead of an accessory building; 2) the Zoning Administrator erred in determining that the primary use of the property will be conducted in the proposed building and not in the existing principal building; 3) the Zoning Administrator erred in applying principal structure setbacks to the proposed structure instead of accessory structure setbacks; 4) the Zoning Administrator erred in classifying the proposed structure as a principal structure without a request by the property owners to do so; and 5) the Zoning Administrator erred in determining that a special use permit is the proper process for authorizing the construction of the proposed structure, pursuant to Section 30-23-5(B) of the County Code. The property is located in the Cave Spring Magisterial District. Mr. Lubeck stated he represents Mr. Murphy and County staff during the administrative appeal process. He stated that the County's position is to support the Zoning Administrator's decision, noting the Zoning Ordinance is valid. He presented a PowerPoint presentation regarding preliminary issues, including jurisdiction and standing. He discussed principal jurisdiction, noting the issue is not a land use decision. He discussed case law which states that to have standing the petitioner must show he has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest. He also discussed the Supreme Court of Virginia ruling regarding "Standing." He discussed the lack of standing in the current case. He stated the applicants do not suffer the imposition of a burden or obligation different than suffered by the public generally. He recommended dismissal based on lack of standing in the case. He discussed the procedural issues when the Board makes its decision regarding the merits of the case. He recommended dismissal of the case for lack of standing. Mr. Gregory St. Ours, Esquire, stated he represents Mr. Stan Seymour and Ms. Jane Seymour and Mr. Harris Warner, Jr. represents Mr. Adrian Creasy and Ms. Blaine Creasy. Mr. St. Ours presented a Reply Memorandum in Opposition to Peter Lubeck's August 8, 2018 Motion to Dismiss for Lack of Standing. He discussed the facts and standing of the case. He provided a history of the case and proximity of the property lines. He discussed the shared private roadway. He discussed the petitioner's purchase of adjoining property and plans they had to build on that property. Mr. St. Ours objected to the admission of Mr. Lubeck's memorandum, stating he would like to have had the document in advance of the hearing. Mr. St. Ours discussed case law regarding justiciable interest. He discussed case law regarding land use determination. He discussed noise, dust, and traffic on the shared private roadway. He discussed standing regarding adjacent and proximate properties which share a right-of-way. Mr. Lubeck discussed the proximity issue. He stated Planning Commission and Board of Supervisors rulings provided conditions to affect impacts regarding the use of the property located at 5985 Coleman Road. He requested that the Board apply standards which he presented at this hearing. Page 2 of 3 BOARD OF ZONING APPEALS MINUTES AUGUST 15, 2018 Mr. Jones inquired about special use permit cases. Mr. Lubeck discussed procedural issues regarding land use cases, noting the Board of Zoning Appeals does not deal with land use cases. Mr. Wright made a motion stating that the Board finds that the Applicants', Mr. Stan Seymour and Ms. Jane Seymour and Mr. Adrian Maver and Ms. Blaine Creasy, lack standing to appeal the Zoning Administrator's determinations. He moved to dismiss the Applicants' appeals for lack of standing Mr. Beckner seconded the motion which passed with the following vote: AYES: Arthur, Jones, Thomas, Wright, Beckner NAYES: None ABSTAIN: None Mr. Jones stated the applicants can appeal the Board of Zoning Appeals decision to the Roanoke County Circuit Court. COMMENTS There were no comments. There being no further business, Mr. Jones adjourned the meeting at 8:05 p.m. Respectfully Submitted, ;�� C-,� Susan McCoy, Recording S6dretary Roanoke County Board of Zoning Appeals John urphy, Secretary Roanoke County Board of Zoning Appeals Page 3 of 3