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HomeMy WebLinkAbout5/30/2019 - Public Hearing and WorksessionMINUTES OF THE WORK SESSION AND PUBLIC HEARING OF THE TOWN OF VINTON BOARD OF ZONING APPEALS HELD ON THURSDAY, MAY 30, 2019, AT 5:30 P.M. AND 6:30 P.M., IN THE COUNCIL CHAMBERS AT THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET. MEMBERS PRESENT: Allen Kasey, Chairman Mick Michelsen, Vice Chairman Robert Benninger Justin Davison Amanda Grose ALTERNATE MEMBERS PRESENT: Joseph Robertson STAFF PRESENT: Anita McMillan, Planning and Zoning Director Nathan McClung, Principal Planner Julie S. Tucei, Planning and Zoning Coordinator OTHERS PRESENT: Glenn Hastings, Petitioner AGENDA WORK SESSION – 5:30 P.M. I. Call to Order—Roll Call II. Review of Annual Report from 2018 III. Briefing on petition of Glenn Hastings, for a variance of Article IV, Division 3, Sec. 4-13(a) and (b), Lot area, lot width and density requirements, of the Vinton Zoning Ordinance. The purpose of the request is to ask for a five thousand, five hundred and ten (5,510) square feet variance from the twelve thousand (12,000) square feet lot size requirement, and a twenty- five (25) foot variance from the seventy-five (75) foot lot width requirement for the conversion of a single-family to a two-family dwelling. The property is located at 418 W. Cleveland Ave., Tax Map Number 60.15-03-36, zoned R-2 Residential District, with a lot size of six thousand, four hundred and ninety (6,490) square feet, and a lot width of fifty (50) feet. IV. Adjournment of Work Session REGULAR SESSION – 6:30 P.M. I. Call to Order—Roll Call II. Election of Officers: 1. Chairman 2. Vice Chairman 3. Secretary 4. Recording Secretary III. Approval of Minutes 1. February 27, 2018, Public Hearing IV. Public Hearing to receive comments concerning: The petition of Glenn Hastings, for a variance of Article IV, Division 3, Sec. 4-13(a) and (b), Lot area, lot width and density requirements, of the Vinton Zoning Ordinance. The purpose of the request is to ask for a five thousand, five hundred and ten (5,510) square BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 2 feet variance from the twelve thousand (12,000) square feet lot size requirement, and a twenty-five (25) foot variance from the seventy-five (75) foot lot width requirement for the conversion of a single-family to a two-family dwelling. The property is located at 418 W. Cleveland Ave., Tax Map Number 60.15-03-36, zoned R-2 Residential District, with a lot size of six thousand, four hundred and ninety (6,490) square feet, and a lot width of fifty (50) feet. a. Chairman opens public hearing • Report from Staff • Receive petitioner’s comments • Receive public comments • Board members discussion and questions b. Chairman closes public hearing c. Board of Zoning Appeals takes action on the variance request V. Other Business VI. Adjournment The work session was called to order at 6 p.m. by Chairman Kasey. Roll call was called, and all members were present. Mr. McClung briefly went over the annual report for 2018, of which a copy had been included in the packets for their information and reference. There was some confusion as to whether elections would be held due to an error on the regular session agenda regarding the approval of minutes, which was found to have the incorrect year on the agenda. The item should have read: February 27, 2018, Public Hearing. This error has been corrected for the file and record of the meeting. The elections will be held during the regular session. In regards to the elections for 2019, Ms. Grose asked if they should discuss the nominations during the work session. Ms. McMillan asked Chairman Kasey if he would like to discuss it now or wait until the public hearing. Chairman Kasey said he was open to discussing it now. He recommended Ms. Grose for Chairperson. Ms. Grose asked Mr. Michelsen if he would like to remain on as Vice Chairman, and he said he was willing to remain as Vice Chairman. Ms. McMillan also reminded them that the nomination for Secretary should be Mr. McClung, and Recording Secretary should be Ms. Tucei. Mr. McClung introduced the next item on the agenda, the briefing on the petition of Glenn Hastings, for a variance of Article IV, Division 3, Sec. 4-13(a) and (b), Lot area, lot width and density requirements, of the Vinton Zoning Ordinance. The purpose of the request is to ask for a five thousand, five hundred and ten (5,510) square feet variance from the twelve thousand (12,000) square feet lot size requirement, and a twenty-five (25) foot variance from the seventy-five (75) foot lot width requirement for the conversion of a single-family to a two-family dwelling. The property is located at 418 W. Cleveland Ave., Tax Map Number 60.15-03-36, zoned R-2 Residential District, with a lot size of six thousand, four hundred and ninety (6,490) square feet, and a lot width of fifty (50) feet. It was mentioned that Mr. Hastings was sitting in on the work session. Mr. McClung opened the floor for BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 3 questions or discussion. Mr. Benninger asked when the property had been rezoned to R2. Ms. McMillan said that it has always been zoned R2. He asked if there had always been the 12,000 square feet requirement for duplexes in R2. Ms. McMillan stated that, in 1995, Town Council asked staff to look into increasing the required lot size due to the high rental to owner ratio in the Town. Ms. McMillan did mention that that millennials today seem to prefer to rent rather than buy a house, however. Back in 1995, Ms. McMillan said Council wanted the lot size requirement increased so that there is enough property outside for children and so there is room for off-street parking. She stated that, for duplexes, four off street parking spaces are required to be provided. She mentioned that duplexes are uses permitted by right in R3, and in RB the ordinance was changed to allow duplexes with a special use permit. She stated that the changes made to the RB District didn’t apply in R3. She stated that the property that the petitioner has requested a variance for has always been zoned R2. Ms. McMillan mentioned that Mr. Hastings, the petitioner, will have a PowerPoint presentation that shows that there are some duplexes in the area of the house he owns and wants to convert to a duplex. Ms. McMillan stated that prior to 1995, there was no lot size requirement for duplexes, but that had been changed at Town Council’s request as previously mentioned. Mr. Benninger had a copy of the aerial map of the area that he had marked the properties that he believed to be duplexes. Mr. McClung looked at Mr. Benninger’s map to verify the information. Mr. Benninger said he drove along Cleveland Avenue and through an alley behind, and he noted that there are separate addresses on the front and rear of several of the structures which indicated duplexes. Mr. McClung read aloud the properties in the area that his research showed to be duplexes. He said that the petitioner will show a list of the duplexes in that area during his PowerPoint presentation in the regular session. Mr. Davison asked if any homes were converted to duplexes after 1995. Ms. McMillan said not to her knowledge. She stated that, in order to be done legally and properly, permits are required. Mr. Benninger pointed out that they would also have to do a change of use, which Ms. McMillan confirmed. Vice Chairman Michelsen asked if 422 W. Cleveland is a duplex, and Mr. McClung confirmed that it is a duplex with the addresses of 422 and 424. There was some confusion as to whether the property at 231 and 237 W. Cleveland Avenue would be considered a duplex. However, it is not as there are two separate single family dwellings on the one lot. That is not considered to be a duplex. They would be nonconforming uses; however, because that would not be allowed by the current ordinance. Mr. Benninger asked if there would be two separate water meters for the duplex if it were to be approved. Mr. McClung stated that two separate meters would not be required since the structure is existing. If a new duplex structure were to be constructed, then two separate meters would be required. Chairman Kasey asked if Mr. Hastings was aware of the required 12,000 square feet requirement for duplexes. Mr. McClung said that Mr. Hastings was made aware of it when he called the office inquiring about the property. Mr. McClung reminded the Commissioners of the five items in the State Code required to grant a variance. He provided each of the members and the petitioner with a copy of the requirements, a copy of which will also be made a part of the permanent record. Mr. Benninger asked if all five requirements must be met in order to grant a variance, and Mr. McClung confirmed that all five are required. With there being nothing further to discuss, the work session was adjourned by Chairman Kasey at 6:28 p.m. in order to prepare for the public hearing at 6:30 p.m. BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 4 The public hearing was called to order at 6:33 p.m. by Chairman Kasey. Roll call was called, and all members were present. The first item on the agenda was the election of officers. For the Chairman position, current Chairman Kasey made a motion to nominate Ms. Grose. The motion was seconded by current Vice Chairman Michelsen. A roll call vote was taken, and all members voted in favor of the motion. For the Vice Chairman position, newly elected Chairperson Grose made a motion to nominate Mr. Michelsen. The motion was seconded by Mr. Davison. A roll call vote was taken, and all members voted in favor of the motion. Next, Chairperson Grose made a motion to nominate Mr. McClung for Secretary. The motion was seconded by Mr. Davison. A roll call vote was taken, and all members voted in favor of the motion. Mr. Kasey made a motion to nominate Ms. Tucei for Recording Secretary. The motion was seconded by Mr. Davison. A roll call vote was taken, and all members voted in favor of the motion. Once the elections were finished, Chairperson Grose and Mr. Kasey switched seats on the dais. The next item on the agenda was the approval of minutes from February 27, 2018. Mr. Davison made a motion to accept the minutes as submitted, and Mr. Kasey seconded it. A roll call vote was taken, and all members voted in favor of the motion to accept the minutes as submitted. Next to be heard by the Board, was the petition of Glenn Hastings, for a variance of Article IV, Division 3, Sec. 4-13(a) and (b), Lot area, lot width and density requirements, of the Vinton Zoning Ordinance. The purpose of the request is to ask for a five thousand, five hundred and ten (5,510) square feet variance from the twelve thousand (12,000) square feet lot size requirement, and a twenty-five (25) foot variance from the seventy-five (75) foot lot width requirement for the conversion of a single-family to a two-family dwelling. The property is located at 418 W. Cleveland Ave., Tax Map Number 60.15-03-36, zoned R-2 Residential District, with a lot size of six thousand, four hundred and ninety (6,490) square feet, and a lot width of fifty (50) feet. Chairperson Grose opened the public hearing at 6:38 p.m. and asked for the report from staff. Mr. McClung presented the staff report. A copy of the full staff report will be made a part of the permanent record of this meeting. It was mentioned that, prior to this meeting, no comments were received about this request from nearby property owners. Next, Chairperson Grose asked for the petitioner’s comments regarding the variance request. Mr. Glenn Hastings came forward to present his PowerPoint presentation, a copy of which will be made part of the permanent record of this meeting. Mr. Hastings stated that he would like to convert the single family home into a top and bottom style duplex. To begin his presentation he gave some general information on himself, his wife, and their backgrounds. He stated that he is a 12 year army special forces veteran, a graduate of Radford University, and now a special agent with the U.S. Secret Service. He said he and his wife are real estate investors who own several properties. He mentioned that his dad is a contractor. He listed reasons why they do investments including: Economic growth and stability in our area; Create beautiful homes for new and existing families; Provide assuredness to families’ welfare and well-being; Peace of mind for families; Foster lasting relationships with families and the BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 5 community; Ensure the community prospers from economic development. He stated that he would like to one day build a community for single moms and dads with daycare provided and college taken care of from the rent that is paid over the years. Next he outlined how they design the renovations including: Broken Window Theory—remove visible signs of distress that encourages crime; Defensible Spaces; Natural surveillance, Safe adjoining areas; Crime prevention through environmental Design CPTED; Natural access control; Natural surveillance; Activity support; Territorial reinforcement; and Upkeep and maintenance. Mr. Hastings showed photos in the PowerPoint of some of the other properties they have done recently. He also showed a video tour of one of the homes they have just rehabbed in Northern Virginia. Mr. Kasey asked if they sold the one of the properties. Mr. Hastings said they just sold it three days ago for $1.7 million, just under the list price of $1.75 million. Mr. Hastings mentioned that he will not be working with his dad on the Vinton project because he wants to support the local contractors. He also showed photos of a property they purchased with an older house on it, and then showed photos of the lot with the brand new house they put on it after tearing the old one down. Mr. Kasey asked how large that lot was. Mr. Hastings said he believes it was about a 5th of an acre, but would have to check his records to be sure. He also showed photos of a property they did a lease to own for a family and a house they rehabbed that his parents ended up living in instead of leasing it out or selling it like they usually do. Mr. Hastings mentioned the Town’s Downtown Revitalization plan with regards to: Business development; Increased entrepreneurial activity; New businesses; Tourism increase. He also mentioned that housing demand is expected to increase over the next 10 years. Mr. Hastings also discussed the recent business growth in Vinton and a surrounding 7.5 mile radius. He listed many new businesses that have opened such as: Twin Creeks Brewery and several other local breweries; Chick-Fil-A; Farmburguesa; Macado’s; Virginia Tech’s Medical program; several coffee shops and distilleries; and many other businesses. Mr. Hastings described the surrounding properties around the property he bought. He said there are six existing duplexes of approximately the same size, and there three triplexes on lots of approximately 7,500 square feet. He mentioned there were many other duplexes in that general area. He show a list of each of the duplexes and triplexes in his PowerPoint presentation. Mr. Hastings gave some background information on his property. He stated that the existing house is a two bedroom and one bath in a total of 806 square feet. He said he would like to convert the structure into a top and bottom duplex with each being 2 bedrooms and one bath. He said that no additions would be required for the conversion. He stated that the structure needs lots of exterior cosmetic work and quite a bit of work on the interior. Mr. Hastings said the electrical service and wiring would need to be overhauled, a new roof installed, the siding which is falling off replaced, amongst other things. He said the previous occupants were living in the basement area, but in seeing the conditions of it, he was unsure how they were able to live down there. He showed on the PowerPoint photos of the front BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 6 and back of the existing house. Mr. Hastings mentioned that the power company told him that it will be up to him whether to keep single meter or divide the service if it is converted into a duplex. Mr. Hastings showed drawings in the PowerPoint of the current floor plan and proposed floor plans of the upper and lower floors for the duplex. He said he can increases the square footage from 806 to 875 in each unit just by removing some walls and making an open floor plan. Next, he read his concluding comments from the PowerPoint, a copy of which will be included in the permanent record. There were no further questions or comments from the Board; therefore, Chairperson Grose closed the public hearing at 7:27 p.m. Chairperson Grose opened the floor for discussion and questions. Mr. Davison asked if the access will be the same as current. Mr. Hastings said each unit will have their own entrances in the same area as they are on the house now. He said he will have room for four vehicles to park. He mentioned that he can take out a dilapidated shed in the back if needed to make more room. Mr. Kasey said he does not believe that Mr. Hastings has a hardship because he purchased the property like that. Mr. Kasey said he also thinks that Mr. Hastings is going to run into issues when renovating it. Mr. Hastings said they already have it down to the studs now and can see what is going to need to be fixed. Mr. Kasey stated that he can leave it as a single family residence with no issues, and again said there is no hardship. Mr. Benninger asked Ms. McMillan if the lot requirements came into play in 1995. Ms. McMillan confirmed that they did. Mr. Benninger stated that it seems that the 12,000 square foot requirement was put into place to keep people from creating substandard duplexes. However, he said that he had no doubts that Mr. Hastings’ work would be substandard, though. Ms. McMillan said that the Council wanted bigger lot sizes so kids will have a place to play and for room for parking. Chairperson Grose said she had a concern when Mr. Hastings said there would only be interior work being doing, but then he mentioned the that the siding is falling off. Mr. Hastings said he won’t need permits for the siding or roofing. Chairperson Grose stated that the lot is not even approximately half of the required lot size. She said that requirement has been in place for 24 years. Mr. Kasey mentioned that Mr. Hastings would have to have permits for all the work that is being done. He said that, if it were to be converted to a duplex, the building commissioner would also require a change of use. Mr. Hastings said he will get permits for the plumbing, electrical, mechanical, and a building permit for the firewall if he is allowed to convert it to a duplex. He stated the current single family home does not meet codes. He mentioned that the cosmetic work being done will include roofing, siding and removing the ivy growing up the side. Mr. Davison said the photos of the work he showed them in the PowerPoint were beautiful. He stated that he thought that the property Mr. Hastings purchased in Vinton could be successful as a single family home. He asked Mr. Hastings why he is so adamant that the house be converted to a duplex. Mr. Hastings replied he could potentially get better tenants if it were converted to a duplex. Mr. Kasey thanked him for his presentation, but said he didn’t need the sales pitch because he is only concerned with the ordinance and hardship. He said the hardship was there when he bought it and he knew it. Mr. Hastings said he didn’t create the hardship. Mr. Kasey said he appreciated the slideshow, BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MAY 30, 2019 PAGE 7 but it didn’t make a difference. He said if Mr. Hastings could meet the requirements there would be no need to request the variance. Mr. Michelsen asked if Mr. Hastings knew prior to the purchase about the lot size requirements. Mr. Hastings said he checked the zoning ordinance online and saw that they could have a duplex. He stated that he called the Vinton Planning Department and talked to Mr. McClung, and Mr. McClung informed him of the regulations for duplexes. However, that was after they already put in their offer to purchase the property. Mr. Hastings stated that, if he is allowed to do the duplex, that is what he prefers to do, but it can remain a single family house if necessary. Mr. Hastings said that Mr. Kasey stated that he does have a hardship, and he wants to rectify it. He said he purchased the hardship—it was there before he purchased the property. Mr. Benninger said the hardship is Mr. Hastings wanting to convert it to a duplex. Chairperson Grose pointed out that one of the rules of hardship references “another means”—the other means of use is available by leaving it as a single family house. Mr. Davison said it is a tough decision, and he loves Mr. Hastings’ plan and ideology, but he sees it also being successful as a single family house. Mr. Davison mentioned that there are other single family dwellings in the area. Mr. Hastings wanted to know, if his situation was duplicated on any other property, what would be the hardship. Chairperson Grose said the staff came up with zoning that fit best for our area in 1995. She said that, back then, the Council wanted to focus on making the best of what we had. If Council came up with the 12,000 square feet requirement, there was a good reason. In reference to Mr. Hastings question about other properties, Mr. Davison mentioned that variances are given on a case-by-case basis. Next, the Board took action on the variance request. Mr. Davison made a motion to deny the variance request. Mr. Kasey seconded the motion to deny the variance. A roll call vote was taken, and after a bit of confusion during the vote and clarification by Mr. Kasey that by stating no he was voting to deny the variance, all members voted in favor of the motion to deny the variance. Chairperson Grose stated to the petitioner that the request for the variance was unanimously denied. Mr. Kasey said that there are setbacks and other requirements that must be met, and that in this case, the lot size the petitioner is asking for does not meet the current standards. Ms. McClung stated that the decision of the BZA can be appealed at the Circuit Court within 30 days of this public hearing date, and a notification letter of the decision will be sent to the petitioner, Mr. Hastings. There was no other business to discuss; therefore, Chairperson Grose adjourned the meeting at 7:30 p.m. Respectfully Submitted, Nathan McClung Board of Zoning Appeals Secretary