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BOARD OF ZONING APPEALS PACKET 09/10/2013� � � � � � � �,K 17�7 yir/ � PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS PAC�:ET MEETING DATE: September io, zoi3, C�cle z7i � Kenneth Talbott 1512 Millstream Drive Gretna, VA 24557 Home: (434) 656-3114 Mobile: (434) 941-7070 ktalbott(a��gamewood.net R. Allan Easley 1908 Pleasant Gap Drive Dry Fork, VA 24549 Home: (434) 432-8487 Work: (434) 432-4046 eas leva(a� nationwide. com Larry Estes 10689 Martinsville Highway Danville, VA 24541 Home: (434) 685-7448 Mrs. Helen Glass P. O. Box 1127 276 Squirrel Road Gretna, VA 24557 Home: (434) 656-6217 Work: (434) 656-9216 or 9214 Cell: (434) 429-9608 NO EMAIL H. Blair Reynolds 21656 U. S. Highway 29 Chatham, VA 24531 Home: (434) 656-1818 NO EMAIL Ronald E. Merricks 2640 Keeling Drive Keeling, VA 24566 Home: (434) 799-9295 Wark: (434) 432-5615 rmerricks�chathamhall. org Carroll Yeaman 4421 Mount View Road Danville, VA 24540 Home: (434) 836-0142 andyna,hu�hesmarineservice. com Pittsylvania County Board of Zoning Appeals 2013 January 16, 2017 January 16, 2016 January 16, 2015 January 16, 2016 January 16, 2016 January 16, 2015 January 16, 2015 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING September 10, 2013 General District Courtroom Agenda 7:00 p. m. 1. Call to OYder 2. Roll Call 3. Approval of Minutes a. August 13, 2013 4. Old Business Leased Compound Area of Cell Towers 5. New Business a. Cases For Next Month: No Cases for October, 2013 6. Chairman's Report 7. Public Hearing - Cycle 271 Case A-1 Withdrawn A-13-001 Case A-2 Calvin E. Williams & Leonie Williams — Tunstall District A-13-002 Appeal of an Admini.rtrative Deci.rion 8. Adjournment PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING August 13, 2013 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, August 13, 2013, in the General District Courtroom, Edwin R. Shields Courthouse Addirion, Chatham, Virginia. Mr. Talbott called the meeting to order at appro�mately 7:00 p.m. The Board observed a few moments of silence. Ms. Hayes called the roll. PRESENT Kenneth Talbott Larry Estes Helen Glass H. Blair Reynolds R. Allan Easley Ronald Merricks Carroll Yeaman Karen N. Hayes APPROVAL OF THE MINUTES By motion of Mr. Estes, seconded by Mr. Easley, and by unanimous vote the Minutes of the July 9, 2013, meeting were approved as presented. Old Business There was no old business. New Business Ms. Hayes reported on the case for the September 2013 cycle. CHAIRMAN'S REPORT A motion was made by Mr. Merricks, seconded by Ms. Glass that a four hour/half day refresher course be provided by Jeff Chandler or another trainer for the Board of Zoning Appeals members. The vote was unanimous to adopt the motion. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approxitnately 7:01 p.m. Case S-1, Charles and Sandra Davis. S-13-010 — NIr. Talbott opened the public hearing at approxirnately 7:02 p.m. Ms. Hayes, Deputy Zoning Administrator, reported Charles and Sandra Davis had petitioned for a Special Use Permit on 1.50 acres, located on State Road 878/Pine Lake Road, in the Westover Election District, for a public garage. Ms. Hayes further reported the Planning Commission, with opposition, recommended granting the petitioner's request. Mr. Charles Davis was present to represent the petition. Mr. Davis stated VDOT had approved the entrance and parking for the garage. The Board and Mr. Davis discussed some issues related to the case including, but not limited to: number of cars parked outside, lighting, cars coming to the site, hours of operation, etc. Mr. Talbott also explained the Special Use process and conditions that may be placed on this Special Use Permit. Mr. Davis stated he understood. There was no opposirion to the petition. Mr. Talbott closed the public hearing at approxirnately 7:08 Board of Zoning Appeals Page 2 August 13, 2013 p. m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects that could not be mitigated by conditions. The Board discussed the number of cars to be parked at the site, road signage and parts storage. It was also stated that the site was well kept. Upon motion of Mr. Easley, seconded by Mr. Estes, the following morion was adopted: Whereas, Charles B. Davis, Jr., and Sandra M. Davis have petitioned the Board of Zoning Appeals for a Special Use Permit for a public garage and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted with the following conditions: 1) No car parts storage. 2) Outside storage limited to ten (10) vehicles. 3) No roadside signage. Motion passed unanimous. Case S-2, Cliserio and Brenda Rojas, S-13-009 — Mr. Talbott opened the public hearing at approxirriately 7:14 p.m. Ms. Hayes, Deputy Zoning Administrator, reported Cliserio and Brenda Rojas had petitioned for a Special Use Permit on 0.58 of an acre, located on State Road 740/Iris Lane, in the Westover Elecrion District, for placement of a single- wide mobile home for their personal residence. Ms. Hayes further reported the Planning Commission, with no opposition, recommended granting the peritioners' request. There was no opposition to the petition. Ms. Rojas was present to represent the petition and stated she would like to purchase a double wide home but would like the option to place a single-wide home on the property. Mr. Talbott closed the public hearing at appro�mately 7:15 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon morion of Mr. Reynolds , seconded by Ms. Glass, the following motion was adopted: Whereas, Cliserio Rojas and Brenda E. Rojas have petitioned the Board of Zoning Appeals for a Special Use Permit for placement of a single-wide mobile home for their personal residence and, Whereas, we find no substantial detriment to adjacent properry, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. Motion passed unanimous. This concludes the Special Use cases. The meeting adjourned at approximately 7:18 p.m. Kenneth Talbott, Chairinan Hannah R. Orgain, Clerk � ZONING PRECEPTS (To be read by Chairman prior to opening public hearing) Ladies and Gentlemen: Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task we are charged with promoting the health, safety, and general welfare of the citizens of Pittsylvania County. We must insure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehensive plan and in the best interest of Pittsylvania County, its citizens and its posterity. Anyone here to speak to the board regarding zoning cases will be limited to (3) three minutes. PUBLIC HEARING PROCEDURE A. Prior to opening Hearing, Chairman reviews zoning law precepts for all present. B. Open Hearing by Chairman. "Public Hearing in zoning case (case number) is now open. The time is (time)." C. Zoning staff presents case and makes staff recommendations. D. Chairman calls on applicant to state case and present supporting documentation. E. Chairman calls for any citizen input. 1. Each side proceeds without interruption. 2. Arguments are presented to the Board/Commission 3. No questioning or arguments between individuals. The Board/Commission may direct questions to the applicant, to the citizens, or to the zoning staff in attendance. F. Chairman closes Hearing. "Public Hearing in zoning case (case number) is now closed at (time)." G. Board/Commission commences internal discussions. H. Board/Commission makes decision (votes) or delays as appropriate. Chairman announces decision on case. Chairman opens next Hearing. "Public Hearing in zoning case (case number) is now open. The time is (time)." K. Continue as before - repeating procedure. L. Chairman adjourns meeting at end of final case decision. ZONING DISTRICTS DEFINITIONS A-1, Agricultural District - A district occupied by various open uses such as farms, forest, lakes, parklands that permits single-family dwellings and accessory buildings. RE, Residential Estates — Residential lots ranging from 5 to 20 acres for single-family dwellings; plus accessory buildings. R-1, Residential Suburban Subdivision District — Residenrial lots for affordable housing including single-family, modular and double-wide mobile homes; plus accessory buildings. RC-1 Residential Combined Subdivision District — Residential lots for affordable housing including single-family dwellings and mobile homes; plus accessory buildings. RMF, Residential Multi-Famil� District — Residential locations for apaYtments, townhouses, gaxden style, condoxnuuums, and variety of mulri-family dwellings; plus accessory buildings. RPD Residential Planned Unit Develo�ment — Residential locations encouraging a variety of housing with community facilities. Integrated into the area plus accessory commercial uses possibly included. MHP, Residenrial Manufactured Housing Park District — Residenrial locations to accommodate manufactured/mobile homes where the land is owned by the park and rented/leased to the home owners. B-1, Business District. Limited — A disttict for general business oriented toward neighborhood focus, in which the public requires direct and frequent access to, limited to Yetail establishments. B-2, Business District, General — A district for general business and commercial enterprise limited to commercial, retail and wholesale type establishments, oriented to service the entire countty. M-1, Industrial District, Light Industrv — A district for small-scale manufacturing and wholesale business pYimarily operated within enclosed structures and not dealing with large volumes of customers. M-2, Industrial District, Heav� Ind�strv — A district fox laYger scale manufacturing, pYOCessing and waYehousiYg opexarions requiring extensive community facilities, having open storage and service areas and generating heavy truck traffic. C-1, Conservation District — A district characteYized by open space with forests, parks, watersheds, needing pxotection since they supply water unpoundments or stream valleys. 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Shields Courthouse Addition, Chatham, Virginia. After the public hearings, the Planning Commission will make recommendations to the Board of Supervisors (`BOS"). The schedule contains four (4) Rezoning Applications. The BOS will hold a public hearing and rule on four (4) Rezoning Applications on Tuesday, September 17, 2013, at 7:00 p.m. in the General District Courtroom, second floor, Edwin R. Shields Courthouse Addition, Chatham, Virginia. The Board of Zoning Appeals (`BZA") will hold a public hearing and rule on one (1) Appeal Application on Tuesday, September 10, 2013, at 7:00 p.m. in the General District Courtroom, second floor, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Copies of the proposed Rezoning Applications and Appeal Application are available for public review in the Office of Code Compliance, 53 North Main Street, Chatham, Virginia, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Case 1 Horace B. Dvkes, R-13-048 - The properiy is 8.85 acres, located on Highway 40/W. Gretna Road, in the Callands-Gretna Election District and shown on the Pittsylvania County Taac Maps as GPIN # 2500-OS-3416/56-A- 49. The applicant is requesting to rezone from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use (horses). The Comprehensive Plan indicates the area is suitable for A-1, Agricultural District, R-1, Residential Suburban Subdivision District and RC-1, Residential Combined Subdivision District uses. Zoning conditions and ordinance standards shall control the density of allowable development. Case 2 Spencer W. Walker & Aneela W. Walker, R-13-049 - The property is 8.510 acres (per plat), (part of 13.09 acres), located on State Road 1800/Wyatt Drive, in the Westover Election District and shown on the Pittsylvania County Tax Maps as part of GPIN # 2410-30-9478/150-A-66G. The applicants are requesting to rezone from B-2, Business District, General to R-1, Residential Suburban Subdivision District to allow for construction of a single family dwelling for their son. The Comprehensive Plan indicates the area is suitable for A-1, Agricultural District, R-1, Residential Suburban Subdivision District, RC-1, Residential Combined Subdivision District, B-1, Business District, Limited, B-2, Business District, General and RMF, Residential Multi- Family District uses. Zoning conditions and ordinance standards shall control the density of allowable development. Case 3 Herman Eueene Crane, Life Tenant, Jean Crane Wilson, Remainderman, Herman Eugene Crane, Jr., Remainderman, Kenneth Rav Crane, Remainderman, Claude David Crane, Remainderman, R-13- O50 - The property is 11.20 acres, located off State Road 744/Crane Road, in the Chatham-Blairs Election District and shown on the Pittsylvania County Tax Maps as GPIN # 2411-89- 5525/125-A-39. The applicants are requesting to rezone from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for placement of a 1979 single- wide mobile home on the property. The Comprehensive Plan indicates the area is suitable for A-1, Agricultural District, R-1, Residential Suburban Subdivision District, RC-1, Residential Combined Subdivision District, B-2, Business District, General, RMF, Residential Multi-Family District and M-1, Industrial District, Light Industry District uses. Zoning conditions and ordinance standards shall control the density of allowable development. Case 4 Robert T. Marshall, Sr., Et Als, Robert T. Marshall, Jr., Et Als, Phyllis S. Marshall, Et Als, R-13-051 - The property is 13.60 acres, located on U.S. Highway 58 WesUMartinsville Highway, in the Tunstall Election District and shown on the Pittsylvania County Ta�c Maps as GPIN # 1358-88- 4025/159B-2-D6. The applicants are requesting to rezone from R-1, Residential Suburban Subdivision District to RMF, Residential Multi- Family District for a twelve (12) unit apartment building. The Comprehensive Plan indicates the area is suitable for A- 1, Agricultural District, R-1, Residential Suburban Subdivision District, RG1, Residential Combined Subdivision District, B-1, Business District, Limited, B-2, Business District, General, RMF, Residential Multi-Family District, MHP, Residential Manufactured Housing Park District and M-1, Industrial District, Light Industry uses. Zoning conditions and ordinance standards shall control the density of allowable development. Case A-1 Withdrawn, A-13-001 Case A-2 Calvin E. Williams & Leonie Williams, A-13-002 - The property is 5.83 acres, located on State Road 622/West Fork Road, in the Tunstall Election District and shown on the Pittsylvania County Tax Maps as GPIN # 1359-01-5602/145-A-87A. The applicants are appealing an administrative decision regarding rezoning of the above-referenced property. � Case A-1 A-13-001 �IrHD� �� Case A-2 A-13-002 �ILLI.�L?VIS MOTION FOR WITHDRAWAL: CASE A-2, A-13-002 ��x��*��*�� Whereas, Calvin E. Williams and Leonie Williams filed a Notice of Appeal to the Board of Zoning Appeals of an Administrative decision, Section 35-272, Minimum Yard Dimensions, and Section 35-269, Area Regulations, of the Pittsylvania County Zoning Ordinance and, Whereas, on August 28, 2013, Calvin E. Williams and Leonie Williams requested withdrawal of the appeal in Case A-2, A-13-002, I move the withdrawal be accepted/not accepted. POSITIVE MOTION: CASE A-2, A-13-002 *��**��*��*��*�� Whereas, Calvin E. Williams and Leonie Williams filed a Notice of Appeal to the Board of Zoning Appeals of an Administrative decision, Section 35-272, Minimum Yard Dimensions, and Section 35-269, Area Regulations, of the Pittsylvania County Zoning Ordinance and, Whereas, for reasons well supported in the record, I move the Zoning Administrators decision be upheld. NEGATIVE MOTION: CASE A-2, A-13-002 ��*��**��*��*�� Whereas, Calvin E. Williams and Leonie Williams filed a Notice of Appeal to the Board of Zoning Appeals of an Administrative decision, Section 35-272, Minimum Yard Dimensions, and Section 35-269, Area Regulations, of the Pittsylvania County Zoning Ordinance and, Whereas, for reasons well supported in the record, I move the decision of the Zoning Administrator be over-ruled. CODE COMPLIANCE SUMMARY CASE ZONING CLASSIFICATION CYCLE A-2 A-13-002 RC-1 September/271 SUBJECT/PROPOSAL/REOUEST PLANNING COMMISSION: N/A A Notice of Appeal of an administrative decision letter dated May 30, 2013, regarding Section 35-272. BOARD OF ZONING APPEALS: September 10, 2ot3 MINIMUM YARD DIMENSIONS, and Section 35-269. AREA REGULATIONS of the Pittsylvania County Zoning ADVERTISED: August 21 & 28, 2013 Ordinance. REVIEWED BY: G�% j�� DISTRICT: Tunstall BACKGROUND Calvin E. Williams and Leonie Williams filed an Appeal to the Board of Zoning Appeals on June 27, 2013, against an administrative decision letter dated May 30, 2013, regarding Section 35-272. MINIMUM YARD DIMENSIONS, and Section 35-269. AREA REGULATIONS of the Pittsylvania County Zoning Ordinance. The Williams property is shown on the Pittsylvania County Tax Maps as GPIN # 1359-01-5602/145-A-87A, located on State Road 622/West Fork Road, in the Tunstall Election District. DISCUSSION RGI, Residential Combined Subdivision District property requires 75 feet public road frontage. If the RC-1 zoned property had 75 feet public road frontage, Mr. Nixon could use the Family Exemption. Mr. Nixon thinks he does not have to rezone the RC-1 property to use the Family Exemption. I disagree, stating A-1 zoning district does not require public road frontage, and the property in question needs to be rezoned to A-1, Agricultural District to use the Family Exemption, Section 15.2-2244, State Code of Virginia. My letter dated May 30, 2013, explains why I disagree with Mr. Nixon. The plat showing the new lot property line is enclosed for the Board of Zoning Appeals review. If Mr. Nixon can prove that the Family Exemption in the Code of Virginia, Section 15.2-2244, exempts the requirements of the Zoning Ordinance, my decision should be rescinded. If the Board of Zoning Appeals finds that the Code of Virginia, Section 15.2-2244 and 15.2-2244.1 only exempts the requirements of the Subdivision Ordinance and not the Zoning Ordinance, the decision of the Zoning Administrator should be upheld. However, I will enforce whatever decision the Board of Zoning Appeals makes. DIRECTIONS See Map Quest directions. Print - Maps b�� Maps A 53 US-29 Branch, Chatham, VA 24531 B 1338 W Fork Rd, Cascade, VA 24069 My Notes Page 1 of 2 Route: 28.% i111, 36 min � Y�� the go? Use m.bing.00m t� find maps, . ectiens. businesses. arv m�re _ I A 53 US-29 Branch, Chatham, VA 24531 A—B: 28.7 mi �' 36 min ` j 1. Depart US-29 Branch toward Center St 0.2 mi ', r► 2. Turn right onto VA-57 / Depot St 15.4 mi ____ __ _ ____ __ _ _ _____ -------------.�_____ 18 min ; . _ ___ _ _ _ _ _ _ __< '� 3. Turn left onto Mapleton Dr 0.3 mi �. , _ j� 4. Turn right onto Stillmeadow Rd 4.7 mi �,__ ___ _ _ _ � s. r! 5. Turn right onto Wyatt Farm Rd, and then immediately turn left onto 2.5 mi Medical Center Rd ___ __ _ r► 6. Turn right onto Whispering Pines Rd 4.5 mi ___ _ __ _ ___ � r► 7. Turn right onto W Fork Rd 1.2 mi ' � i___ _ � B 8. Arrive at 1338 W Fork Rd, Cascade, VA 24069 The last intersection is Sugartree Creek Ln � � j If you reach US-58 W, you've gone too far � These directions are subject to the Microsoft�: Service Agreement and for informational purposes only. No guarantee is made regarding their completeness or accuracy. Construction projects, traffic, or other events may cause actual conditions to differ from these results. Map and traffic data � 2010 NAVTEQT"". http://www.bing.com/maps/print.aspx?mkt=en-us&z=11 &s=r&cp=36.736867,-79.526078... 7/16/2013 Print - Maps Route: 28.7 mi, 36 min -_ __ _ __-- ---- ._ _ _ __ _ n ,, ,� ___ �,+ o� �• : � � n 5 �j �nf� Lapradez Mill Muswille '�o � �� 4 � i Qa �� l..d�.�wood Climax Vuhti Page 2 of 2 __ ____ _ __ _ Smothers t29j P! 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A: 53 US-29 Branch, Chatham, VA 24531 B: 1338 W Fork Rd, Cascade, VA 24069 � � .: �,9� {� �, �...��, � �'��-P r' ;an� �. �'�� sr �S� ►�m;t�t �r .,�, � ank Sx � piuden St� � �o A ��`� � �: e a ��' o, j ' � �` Eranch I a - -� � V� i 29 1 � 57 Superette # !t ~ E � Chatham Burial ' s Rark � � i 4'� � � �.._._.__ _ _ _ 4� http://www.bing.com/maps/print.aspx?mkt=en-us&z=11 &s=r&cp=36.736867,-79.526078... 7/16/2013 PITTSYLVANIA COUNTY NOTICE OF APPEAL TO THE BOARD OF ZONING APPEALS Part 1— To be completed by Applicant Please type the following information Applicant's Name: Calvin E. Williams & Leonie Williams Telephone: (434) 841-1864 Address: 1340 West Fork Road, Cascade, VA 24069 (Russell Nixon, Agent) Location of PYOperty: 1338 West Fork Road, Cascade, VA 24069 Tax Map Parcel # 1359-01-5602/145-A-87A Zo�g RC-1, Residential Combined Subdivision District List below the names and complete addresses of the owners of all pxoperties adjacent to or direcdy acxoss a road from the property which is the subject of the appeal. This information may be obtained from the Office of the Clerk of Circuit Court. If more space is needed, please attach a separate sheet. Check here if additional sheet is attached. NAME: Janice Elaine Eggleston ADDRESS: 2607 Stonebridge Drive TAX MAP NUMBER: 1359-01-7263/145-A-86 Jacksonvi 11 P, FT. '��'i Harold D. Gibson, Sr., Revocable Trust Dated 8-19-2010 NAME: Joyce S. Gibson Revocabl 'r �� n�,te�P��SS: 1501 Stoneycreek Court TAXMAPNUMBER: 1349-91-8065/145-A-89 $'19-2010 Richmond, VA 23238 NAME: Tony J. McDaniel ADDRESS:1256 West Fork Road TAX MAP NUMBER: 1359-01-4950/ 145-A-85B Cascade, VA 24069 NAME: Carolyn Williams TAX MAP NUMBER: 1359-01-8562/145-A-87B Willie Williams, Life Tenant ADDRESS: 1312 West Fork Road Cascade, VA 24069 NAME: Leonie Williams, Life Tenant & Oth�DRESS: 1312 W��t Fork Road TAX MAP NUMBER: 1359-11-0358/145-A-88 Ca�cade, VA 24069 NAME: Brenda Coleman Bartley ADDRESS: 1277 West Fork Road TAXMAPNUMBER: 1359-11-3344/145-6-1 Cascade, VA 24069 NAME: Daniel D. Wilson & Oneeta A. Wilso�flDDRESS: 1409 West Fork Road TAXMAPNUMBER: 1359-11-9040/145-4-5B Cascade. VA 2406 NAME: TAX MAP NUMBER: ADDRESS: NOTICE OF APPEAL TO THE BOARD OF ZONING APPEALS �� PAGE 2 °� FEE: $ 171.98 �7a9 Acrion Requested by the Boaxd of Zoning Appeals: TAKEN BY: X A. Appeal of Adininistrarive decision. B. Interpretarion of District Map. Block A above is checked, describe the decision being appealed below, including date decision was rendered and by whom (Zoning Administratar ox other administrarive officer). Explain what effect the decision has on the property. [�^� 7� I';'Sf�l� /+�7r�� .� ... . _ 1 u :_ :. 1 �.�. l I hereby appeal to the Pittsylvania County Board of Zoning Appeals for a decision on the issue described above. I authorize the appropriate County officials to enter upon the above-described property during normal business houts to conduct requixed inspecrions. I hereby certify, under penalries of perjury, that the above informarion is true, complete, and coxrect. I have read, signed and understand the attached Sign Affidavit re aY ' g posting the proper�y. rREASURER OFPITTSyLVA� ✓! �. / IA COUNT� ignature of Applicant ______ JUL p 3 2��,� Applicant is: Owner Contract Putchaser X Agent Other: .a�..,,,._ .. . *************************************************************************** Part 2— To be completed by C--- �� ppca� �� umbe�: �� `�� _ D�te Rece±sTec1: Public Hearing Date: �"'//l.d'Ci�� Dates of A I certify that, on � each of the pro� , , road from the applicant's property wer sent by first clas il a notification of the ublic hearing an a registered letter was sent to the applicant. �� ign ture of aff ***************************************************************************************************** Action by the Board of Zoning Appeals Action: Date: Secxetary, Board of Zoning Appeals: Jn Mav 30, 2013 my office received a letter from Odie H. Shelton, Jr., Pittsylvania County �oning Director. In this letter he stated that he is denying the family division plat submitted for the property of Leonie Williams G.PIN# 1359-01-5602/145-A-87A. He states two reasons for this denia:. The existing encroaching shed shown on my plat belongs to the Willie Williams, Life Estate, G.PIN# 1359-11-0358. It is an existing encroachment prior to creating this family division plat. Therefore, it is the responsibility of the William Williams, Estate to move the shed. It should not be a deterrent for the division as it is already an existing encroachment. My interpretation being that per the Pittsylvania County Subdivision Ordinance Sec. 18-2 (ddj in regards to family divisions states, "Any such division shall be subject to provisions of Virginia i.ode Section 15-2-2244.1." The Pittsylvania County Subdivision Ordinance states no independent definition or regulation of a Family Division other than to comply with Virginia State Code Section 15-2-2244.1 and Section 15.2-2244 A. Section 15.2-2244 A states, "that al! lots of less than five acres have reasonable right-of-way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare." Therefore, the family division for the Leonie Williams property is in compliance with the state code. /ll � �d ' ��.,.- ,� t�.� ,--____._ J l � .. �,;.. Signature of Applican't Applicant is: Owner Contract Purchaser X Agent Other: SIGN AFFIDAVIT Sec. 35-817. POSTING OF PROPERTY — PLANNING COMMISSION HEARING- At least fourteen (14) days preceding the Commission's public hearing on a zoning map amendment, there shall be erected on the property proposed to be rezoned, a sign or signs provided by the Zoning Administrator indicating the date, time, and place of the public hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road with the bottom of the sign net less than tw�� and one-ha�f (2. '/2) feet above the ground. If more tt'an one (1) such road abuts the properiy, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two (2) boundaries of the property abutting land not owned by the applicant. Sec. 35-818, POSTING OF PROPERTY — BOARD OF SUPERVISORS HEARING- When a public hearing has been scheduled before the Board of Supervisors for a Zoning Map amendment, there shall be erected, at least fourteen (14) days preceding such hearing, a sign or signs provided by the Zoning Administrator indicating the date, time and place of the public hearing. Such sign or signs shall be erected in the same manner as prescribed in Section 35-817 above. Sec. 25-819. MAINTENANCE AND REMOVAL OF SIGNS. Any sign erected in compliance with this section shall be maintained at all times by the applicant up to the time of the hearing and it shall be the duty of the applicant at the hearings to prove by affidavit that he has fully complied with the requirements of this section and has continuously maintained the sign or signs up to the time of the hearing. It shall be unlawful for any person, except the applicant or the Zoning Administrator or an authorized agent of either, to remove or tamper with any sign furnished during the period it is required to be maintained under this Section. All signs erected under this Section shall be removed by the applicant with fourteen (14) days following the public hearing for which it was erected. I have read and understand Sections 35-817, 35-818, and 35-819 of the Pittsylvania County Zoning Ordinance. I understand it is my responsibility to post, maintain and remove this/these sign or signs, according to Section 35-817, Section 35-�18, and 35-819. If this sign is removed or destroyed, I understand it is my responsibility to obtain another sign from the Zoning office, post the property and maintain the sign(s), according to the above Sections of the Pittsylvania County Zoning Ordinance. Should the property not be posted and the sign(s) maintained as required above, I understand the board may deJ'er the case. Case Number �` , ,, / , .� j/ �. ,,; , , �". r�--�_..--- �''��L ��L`S � � G� � /� / Applicant ✓ ' � � 7 �, d� � �`��1 ; � Date � f � � �� '�� '�"�"C��E�' �°rog�r�� esc�ip�io� ('�'a� h��.� ��?u�nbeY, ��t l�e�c��ess Q� �csn�r�or°� �e�c�p�a�s�, ��ou�F�): '�'ax I��a� # 1359-01-5602/145—A-87A I/ �e�� Calvin E. Williams & Leonie Williams ,am are� the applicant for the above-referenced application X the owner(s) of the propert�- described above I��e� do hereby make, constitute, and appoint Russell E. Nixon , authorized agent of Calvin E. Williams & Leonie Will��e and lau�ful attorney-in-fact, and grant unto my�ui; attorne}�-in-fact full power and authorit�� to make any and all applications and execute any related documents requised in connection with all zoning and/or permitting matters related to the Appeal Process , on the above descnbed pxopert�� (the "Propert��"), and to peYform all acts and make all agreements as such person shall deem necessary or appropriate in regard to said zoning and/or permitting matters, including but not limited to the following authority: the autliority to negotiate with localities; to sign and submit proffers that would constitute binding conditions on the Propert��; to agree to conditions and bind the Propert�� witl� conditions, whether through ptoffers or other agreements; to sign and submit applications, agreements and/or other documents in connecrion with rezoning, conditional rezoning, special use permits, conditional use permits, special exceptions, zoiung variances, builcling permits and/or an�� other pernzits related to the Appeal Process , on the Property; and to modif�� or amend any documents in whole or in part relating to such applications, agreements and relatec� documents. I/we ratif�� all actions taken to date in connection with the zoning and/or pemutting of the Property related to the Appeal Process , on the Property. The rights, powers, and authorit�� of said attome��-in-fact herein granted shall commence and be in full foxce and effect on the �_� da�� of , in the ��ear , and shall remain in full force and effect thereafter until actual notice, b�� certified mail, return receipt requested is received by the Planning Department of the City/Count�J of ��a or by , stating that th� terms of this power have been revoked or modified. t� ' , Owner: Print Name% �' d„� ;:�t ��,� r� �q. y�.�_�_ �� Commonu�ealth of Vi�ginia � �l I Owner: Print Name Cit��/County of ��'61 541VQ,-�,/.C� , to-wit: Subscribed and sa�om to before me this �lU �_�a�� f V(�� 3 �, �-�,, n, � � ,, � �� , :�-, _ ---- � , City and State aforesaid, bt� ,. . _ . y Corr�rz�ission Expise;: . _ J___ . __ __� ___ Notary Publ�c. ;r' .. . e:. "°� � ��a� ,�.:,r, �+or�:;; �t �t c.,. �r�w�., ��.rti o� viAr�n+.a u _._��__. S �:H�; �_�P�3E DILL+4RD KING� � PE t'd'SVLVANIA COUNTY ° r'�� 7255799 1 ° ��Ay omn�i sio`'� v� L-...a.... ,� ' �� a PITTSYLVANIA COUNTY VIRGINIA �� S Y" � V'�'l. J. Vaden Hunt Q` -� �' ' ; Phone: 434-432-7720 County Attorney o ', '� �� o Fax: 434-432-1778 P.O. Box 426 � � � w � Chathacn, Virginia 24531 s � Vaden.Hunt@pittgov.org �� August 26, 2013 VIA U. S. MAIL & ELECTRONIC MAIL Mr. Russell E. Nixon Nixon Land Surveying, LLC 1063C Airport Road Lynchburg, Virginia 24502 Re: Family Fxemption Issue Dear Mr. Nixon: It was good to see you again at the recent Pittsylvania County Board of Supervisors meeting. In light of the successful rezoning of your client's property, and following your discussion with Mr. Shelton, please advise if you are willing to withdraw your client's BZA Appeal. If so, to comply with the Pittsylvania County Code, please submit a simply written letter or email to Mr. Shelton and your appeal will be withdrawn by the BZA. Please contact me if you have any questions about anything contained herein. Sincerely yo s, . G�� J. Vaden Hunt, Esq. Pittsylvania County Attorney JVH/br Cc: William D. Sleeper (County Administrator); (via email) Gregory L. Sides (Assistant County Administrator); (via email) Odie H. Shelton, Jr. (Director of Code Compliance); (via email) Odie Shelton From: Sent: To: Cc: Subject: Russell E. Nixon <ren@nixonlsec.com> Wednesday, August 28, 2013 10:35 AM Odie Shelton 'shenita williams' Withdrawl BZA application Mr. Shelton, Please withdrawal the BZA application for the Williams property as the rezoning of the property has corrected our issues. Thank you, Russell E. Nixon, LS Nixon Land Surveying, LLC 1063 Airport Road, Suite C Lynchburg, I�A 24502 434-237-3600 (0) 434-237-0699 (F) 434-841-1864 (M) www.nixonlsec.com LIS > Code of Virginia > 15.2-2244 § 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member. Page 1 of 1 prev � next A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have reasonable right-of-way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family. B. Notwithstanding subsection A, in a county having the urban county executive form of government, a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have frontage of not less than 10 feet or more than 20 feet on a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and the division shall not be for the purpose of circumventing a local subdivision ordinance. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring or parent of the owner. C. Notwithstanding subsections A and B, a subdivision ordinance may include reasonable provisions permitting divisions of lots or parcels for the purpose of sale or gift to a member of the immediate family of the property owner in (i) any county or city which has had population growth of 10 percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city or county adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous with at least three such counties, and any town located in that county. Such divisions shall be subject to all requirements of the Code of Virginia and to any requirements imposed by the local governing body. (Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, § 15.1-466; 1970, c. 436; ]973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717; 1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; ] 990, cc. 170, 176, 287, 708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c. 421; 1995, CC. 386, 388, 389, 452, 457, 474; 1996, CC. 77, 325, 452, 456; 1997, CC. 587, 718; 1998, C. 457; 2008, CC. 340, 717; 2009, cc. 283, 465; 2010, c. 216.) prev � next � new search � table of contents � home http://leg l .state.va.us/cgi-bin/legp504.exe?OOO+cod+15.2-2244 7/16/2013 Legislative Information System § 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member. Page 1 of 1 In addition to § 15.2-2244, a locality may include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, as defined in § 15.2-2244, of the property owner, if (i) the property has been owned for at least 15 consecutive years by the current owner or member of the immediate family and (ii) the property owner agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. Notwithstanding the provisions of clause (ii), a locality may reduce or provide exceptions to the period of years prescribed in such clause when changed circumstances so require. Upon such modification of a restrictive covenant, a locality shall execute a writing reflecting such modification, which writing shall be recorded in accordance with § 17.1- 227. The locality may require that the subdivided lot is no more than one acre and otherwise meets any other express requirement contained in the Code of Virginia or imposed by the local governing body. (2006, c. 456; 2007, c. 856.) Legislative Information System http://legl .state.va.us/cgi-bin/legp504.exe?OOO+coh+15.2-2244.1+502990 7/18/2013 Department of Code Compliance P.O. Drawer D Chatham, Virginia 24531 Odie H. Shelton, Jr., Director May 30, 2013 Nixon Land Surveying, L.L.C. 1063C Airport Road Lynchburg, VA 24502 Attention: Russell E. Nixon PITTSYLVANIA COUNTY YIRGINIA � rr '� � r`F �- '✓.G/'.�.;�\,: .,%'ii 'ry ,� illll' � � ` \ � RE: Leonie Williams Property Survey Plat, GPIN # 1359-01-5602/145-A-87A Property Location: On State Road 622/West Fork Road Deaz Mr. Nixon: Phone Numbers: Inspections (434) 432-7755 Zoning (434) 432-7751 Fax (434) 432-7919 Gretna/Hurt (434) 656-6211 The property in question is zoned RC-1, Residential Combined Subdivision District. The new property line is within two (2) feet of the existing shed and does not meet setback requirements of the Pittsylvania County Zoning Ordinance Section 35-272.MINIMUM YARD DIMENSIONS. Also, the new property line cuts the property off from public road frontage, Section 35-269.AREA REGULATIONS. The Pittsylvania County Zoning Ordinance, Section 35-269.AREA REGULATIONS., requires a minimum of 75 feet state maintained road frontage for property zoned RC- l, Residential Combined Subdivision District. You have stated that Section 15.2-2244 of the Virginia Code Family Exemption exempts requirements of the Pittsylvania County Zoning Ordinance. I disagree with your opinion. Section 15.2-2244 of the Code of Virginia, 1950, as amended, does not exempt family subdivisions from the provisions of local zoning regulations. If you feel aggrieved or effected by my decision, you have a right to appeal my decision to the Pittsylvania County Boazd of Zoning Appeals, within thirty (30) days. Section 35-850 Appeal To The Board of Zoning Appeals — Appeal to the Boazd of Zoning Appeals may be taken by any person aggrieved or by any offcer, department, boazd or bureau of the County affected by any decision of the Zoning Administrator. Such appeal shall be taken within **thirty (30) days after the decision appealed from by filing with the Zoning Administrator, and with the Board of Zoning Appeals, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifes to the Board of Zoning Appeals that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life of property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board of Zoning Appeals or by a court of record, on application and on notice to the Zoning Administrator and for good cause shown. Pursuant to the Code of Virginia Section Title 15.2-2311 — A. An appeal to the board may be taken by any person aggrieved or by any officer, department, board of bureau of the locality affected by any decision of the zoning administrator or fram any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant thereto. Not withstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within thirty days in accordance with this section, and that the decision shall be final and unappealable if not ap,pealed within thirt ��davs. The appeal period shall not commence until the statement is given. The appeal shall be taken within thirty (30) days after the decision ap�aled from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the boazd all the papers constituting the record upon which the action appealed from was taken. B. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion caused imminent peril to life or property, in which case proceedings shall nat be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown. C. In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after sixty days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The sixty-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical or other nondiscretionary errors. The appeal form is available in the Pittsylvania County Zoning Office located at 53 North Main Street, Chatham, Virginia. If you should have any questions, please do not hesitate to contact me. Sincerely, �� Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator OHS,Jr./khb C: William D. Sleeper, County Administrator J. Vaden Hunt, County Attorney Greg Sides, Assistant County Administrator Karen Hayes, Code Compliance Officer/Deputy Zoning Administrator ,* .. ��-� �e�� __.--.-.-: BKf335PG1$I Thls qeed Prepared by YEAT7S, OVERBEY 8 RAMSEY � 2 r� �� 7 8 P 0 Drawer 459 Chatham VA 24531 TAX lD N0:145-A-87A THIS DEED OF GIFT, made and entered into thi5 13°� day of November. 2002, by and between RONNtE LEE WILLIAMS and EILEEN T. WILLIAMS, 1lusband and �vlfe, (Grantors), par�le5 of th�_flrst par� and h LEONIE WILLIAMS, party of the second part, (Grantee) '�------._._� oWHEREAS, the party of the second part Is the mothef of the a a male party of the first part, and It Is the desire of tfie parties of Che � � flrst part herefn to give and convey thelr one-half undlvided interest � � w y Z in and to the foliowing described realty to the party of the second part herein. Now, therefore, this Deed�of Glft WITNESSETH That for and In consideratlon of the premises and the natura! love and affectton existing between the partles hereto, the parties of the flrst part hereln doth hereby glve, grant antl Convey, wlth GENERAL WARRANTY OF TITLE, unto the partY of the second part hereln, thelr one-half undivlded interest in and to the followtnfl described realty, sltuate, lyfng and being In the County of Plttsylvanla, Virqinla, and more particulariy desc�ibed as faliows: 6.49 acres as shown on a piat of survey for Calvin E. Wiplams and Ronnle Lee Will(ams dated January 2, 1986, made by E. L Wfimarth, which plat is Incorporated in. , recorded alongwlth and matle a part hereof this deed for a more particular description of the realty herein conveyed; and being the exact same realty conveyed Calvin �. WIIliams and Ronnfe Lee Willlams, share and share alike, by deed dated June 14, 1985 from Joseph H. Adams, or�e and the same person as Joe H. Adamt and .lanfe H. Adams, h1s wife, whlch deed Is of record in the Clerk'S Offlce of the Clrcuit Court of Pittsylvanla Gounty, Vlrgtnia, En Deed Book 761 at paqe 490, reference to which deed Is hereby made for a more part(cular descrlptlon ot ttie realty hereln conveyed. uw osncn YEATTS, OVERBEY di RAMSEY CYiA27W1[, V7�01NL COLiI[�II �, fs,in� �y (I�IMH ns�s w. ovt:�sr LiMO� s. s�r�sr � • BK1335PG182 LESS ANO EX�EPT, however, 0.656 atres conveyed to Carolyn WStiti{ams by deed dated �une �o, 1994, recordetl In the aforementionetl Cisrk's Offlte In Deed Book 988 at page 537, as shown on map recorded In Ueed Book 988 at page 538. SUS�ECT to the reservation contalned In Deed sook 559 at page 283 granting a rlght of Ingress and egress to a spring located on satd reafty. SUBIECT TO a!I rlghts of way across the hereln clescrtbeci realty, of record or In place and affecttng sald realty. SU6JECi', however, to alt condltlons, restrictlons, easements, and rights of way of record or ln place and affecting said realty. WITNESS the following slqnatures and seals: + f ��.; - . `� .�, ) �,�.srx� {SEAU RONNIE LEE WILLIAMS �LS�`� ��:�^�SEAU ILEEN T, WILLlAMS STATE OF ViRCIN1A COtfN1Y OF pITT51f�VANtA, tawit: The toregoing Instrument was acknowledged before me this � day of JL'� l,�n . 2002, by RONNIE LFE WIlUAMS and EILEEN T. WILlIAMS, husband and wlfe, fn my Jurlsdlctlon aforesatd. , J1 1 fl�' My commisslon explres: _? 3 L a �o y . ��r; .�� - j�o "� : N ry Pl1 11C o' FOR EXEMPT/CN OPR6CO/PDiOT/pN TAX, SEE SECT/OH 58. 7,8l�D •��• Th/s Deed ryas P�epared I�Y/thoot the Benef/t ofa t/t/e Search. 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