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03/12/2013PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGUI.AR MEETING MARCH 12, 2013 MINUTES VIRGINIA: '1'he Pittsylvania County Board of Zoning Appeals met on Tuesday, Maxch 12, 2013, in the General District Courtroom, Edwin R. Shiclds Courthouse ildciidon, Chatham, Virginia. b4r. "1'albott called the meeting to oxdex at appxoximately 7:00 p.m. Mr. Easley gave the invocadon. Mr. Shelton called the roll. PRESENT Kenneth Talbott Larry �stes F-Ielen Glass H. Blaix Recnolds R. Allan Easley Konald Mexricks Cartoll Yeaman Odie I I. Shelton, Jx. APPROVAL OF THE MINUTES By morion of Mr. Reynolds, seconded by Ivlr. Mecricks, and by unanimous voee the Minutes of the Febxuary 12, 2013, meeting were approved as pcesented. Old Business Thece was no old business. New Business ivLx. Shelton xeported on rhe cases fox the April 2013 cycle. CHAIRMAN'S REPORT Thcrc was no Chaumads repart. THE ZONING PRECEPTS WERE READ BY 1V�. "I'albott to OPEN THE PUBLIC HEARING at appxoavnate]}T 7:02 p.m. Case S-1. James and Areta Gibson. 5-13-003 — i�1r. Talbott opened thc public hearing at approximately 7:03 p.m. Mr. Shelton, Directox of Code Compliance/"7.oning Administrator, repoxted James and :�reta Gibson had peduoned for a Special Use Permit on 13.57 acres, located on Route 40/East Grema Road, in the Calla�ds-Gretna Distcict Elecuon Disuict for expansion of an exisring substadon for pominion Virginia Power. I�1T. Shelron Eurthex reparted the Planning Commissioq with no opposirion, recommended grandng the peurionexs' xequest. NIr. Jon Schulris was preseat to mpresent the pedtion. He stated hc had nothing to add. 1'herc was no opposidon to thc petidon. blr. Talbott closed the public heaxing at approximately 7:05 p.m. The Board discussed the pcuuon as the Committee of the Whole and deeermined there were no advexse eEfects. D�ring the discussion it was stared this expansion would allow fox replacement of the old eqoipment on the site. Cpon morion of Mr. Easley, seconded by N�. Keynolds, the following modon was adopted: Whereas, James and Areta Gibson have petirioned the Board of Zoning Appeals, for Board of Zoning Appeals Page 2 Maxch 12, 2013 a Special L`se Permit for expansion of an e�sting substation far Dominion V�ginia Power and, Whereas, we Find no s�bstantial deaiment to adjacent pmperty, that the chacactex oE the zoning distsict will not be changed thexeby, and that such use will be in haxmony with the purpose and intent oE the Ordinance, I move the Special Use Pemut be granted. Modon passed unanimous. Case S-2. 5-13-002 — Withdrawn "I1�is concludes the Spccial Use Cases. Case V-1. Marcie Cobble, V-13-001— Mx. Talbott opened the public hearing at approximately 7:07 p.m., ;�ic. Sheltoq Director of Code Compliance/Zoning Administeatoi, repoxted Marcic Cobblc had peddoned Eor a Variance on .6S oE an acre, located on State Road 982/Anthony Ford Road, in the Callands-Gretna Election Distric[ to Section 3�-226. I�finunum Yard Dimensions, (B) Side Setback, of the Pittsylvania County Zoning Ordinance. b1r. Shelton further reported the Planning Commission, with no opposition, recommended granting the peddoner's xequest. Marcie Cobble was pxesent to xepresent the petition and stated she deEerred to her husband to giae infoxmadon on the variance a�d answer any questions. John Guthmann came forward and gave some information regarding the application. He stated he and his �vife were older and would like to have a garage on this propcxn. He also mendoned they had talked to all theu neighbors regaxding the petition. He fuc[her stated the variance was needed due tq but limited to, the amount of road Exontage, the locarion of the utilities, ehe posirion of the sepuc system and the topography of thc land. 1�1r. James Lockerman came forward and spoke in support of the pendon. Thexe was no opposirion to the peddon. Mr. "1 albott closed the public hearing at appxoximately 7:13 p.m. The Boaxd discussed rhe peddon as the Committee of the Whole and determined there wexe no adverse effects. Duxing the discussion some of the issaes discussed were the size of the bceezeway, the topogxaphy oE this lot and other lots at Smith Mountain. Upon motion of blr. Yeaman, seconded by Mr. Merricks, the Eollowing monon was adopted: Whereas, 14arcie A. Cobble has petitioned the Boazd of Zoning Appeals for a Vaxiance to Section 35-226, Minimum Yaxd Dimensions, (B.) Side Setback, of the PittsVlvania County Zotung Ordinance and, Whereas, the applicadon does fulfill the minimum requiremencs for a variance from t6e pxovisions of the ordinance and, , the board finds that the strict appGcarion oF che ordinance would pxoduce undue hardship, that the haxdship is not shaced generally by other properries in the same zoning distxicc and the same vicinity, that the authocizadon of the variance �vill not be of substantial deuvnent to adjacent property and that the character of the district will not be changed by the granting of the variance and, Wheteas, the conciiuon ox situauon of the pxopern� concexned is not of so general ar xecurring a natuxe as to make reasonablj- pxacdcable the formulation of a general regulation to be adopted as an amendment to the ordinance, I move the Variance be gfanted. Modon passed by a six (6) to o�e (1) vote Those voting for the Variance were: i�fr. F,stes, Ms. Glass, 1�1r. Reynolds, bLr. Easley, Mr. Mcrricks and Mr. Yeaman. i�1r. Talbott voted against the Variance. This concludes the Variance case. The meenng adjourned at appro�tnately 730 p.m. Kenneth Talbott, Chairman Hannah R. Oxgain, Clerk