Loading...
06-10-2014PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING June 10, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, June 10, 2014, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Mr. Talbott called the meeting to order at approximately 7:00 p.m. The Board observed a few moments of silence. Mr. Shelton called the roll. PRESENT Kenneth Talbott Helen Glass Ronald Merricks Joseph “Jay” Craddock Larry Estes Carroll Yeaman R. Allan Easley Odie H. Shelton, Jr. APPROVAL OF THE MINUTES By motion of Mr. Estes, seconded by Ms. Glass, and by a unanimous vote, the Minutes of the May 13, 2014, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the case for the July 2014 Cycle and gave some specifics on the case. CHAIRMAN’S REPORT There was no Chairman’s report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:03 p.m. Case S-1, Southside Electric Cooperative, S-14-006– Mr. Talbott opened the public hearing at approximately 7:04 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Southside Electric Cooperative had petitioned for a Special Use Permit on 19.02 acres, located off U.S. Highway 29 North, in the Staunton River Election District for construction of a telecommunications tower for their Sycamore Substation. He further stated the Planning Commission, with no opposition, recommended granting the petitioner’s request. Mike Bender, with Southside Electric, was present to represent the petition and explained that Southside had plans to connect all 40 substations via microwave towers. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:05 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects and that Southside Electric Cooperative was following the proper steps to obtain the approval. Upon motion of Mr. Easley, seconded by Mr. Craddock, the following motion was adopted: Whereas, Southside Electric Cooperative, has petitioned the Board of Zoning Appeals for a Special Use Permit for construction of a Board of Zoning Appeals June 10, 2014 Page 2 telecommunications tower for their Sycamore Substation 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. Motion passed unanimously. Case S-2, Rita Childress, S-14-007– Mr. Talbott opened the public hearing at approximately 7:06 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Rita Childress had petitioned for a Special Use Permit on 23.06 acres, located on State Road 717/Hunters Lane, in the Dan River Election District for a recreational facility/public facility to allow charitable functions for cancer, wedding receptions, birthday parties, social events and family reunions. He further stated the Planning Commission, with opposition, recommended denying the petitioner’s request. Rita Childress was present to represent the petition and explained the application stating she would like to have charitable events for cancer, etc., and not weddings. Danny Beck came forward and presented a petition. He stated he did not appreciate the noise, traffic, trash etc., generated by the events on the Childress property. Gary Warren came forward and stated he lived at 1736 Hunters Lane and had lived there for 36 years. He stated his back yard adjoins the Childress property. He further stated there was a stage on the property and two port-a-johns and that he didn’t see why the port-a-johns were necessary for family events. Mr. Warren also stated that a wedding had been held on the property and an overflow of cars had been parked on the road, causing a dangerous situation. He stated he had no problem with the current functions taking place but was concerned about future events. Herb Reaves, Ms. Childress’ husband, spoke stating some issues regarding the cars that had parked on the road. He also stated there had been opposition when the mobile home was placed on the property and that he didn’t feel noise from the events held was excessive. Morris Payne, 1708 Hunters Lane, stated the property had been rezoned to A-1, in the past for horses. He stated there were now two homes on the property and he had concerns about his property being devalued. Mr. Payne stated he felt the Special Use approval would open up the property for more things that would be negative. Ms. Childress offered a rebuttal, stating that everyone in the neighborhood had parties and she only wanted to do what she loved to do, helping people. Mr. Talbott closed the public hearing at approximately 7:19 p.m. Mr. Talbott explained the Special Use process. The Board discussed the petition as the Committee of the Whole and determined there were numerous adverse effects that would have to be mitigated. Some of the adverse effects were: creating adequate off street parking, no parking in the street, character of the zoning district being changed and the impact on the surrounding residential area by these events. The Board determined the character of the zoning district would be changed by granting this Special Use Permit and that the character of the zoning district had been changed. Upon motion of Mr. Easley, seconded by Mr. Merricks, the following motion was adopted: Whereas, Rita Childress has petitioned the Board of Zoning Appeals for a Special Use Permit for a recreational facility/public facility and, Whereas, we find substantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be denied. Motion passed unanimously. Case S-3, Herbert Templeton and Others, S-14-008– Mr. Talbott opened the public hearing at approximately 7:26 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Herbert Templeton and Others had petitioned for a Special Use Permit on 8.69 acres, located on State Road 695/Twin Arch Drive, in the Banister Election District for a public garage. He further stated the Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Robert Hendrix was present to represent the petition and explained that the garage had been in operation in the past and that he wanted to reopen it to serve the public and himself. The Board questioned Hendrix on the number of inoperable vehicles that would be stored on the property and he stated a total of three (3). The Board further questioned Mr. Hendrix as to why there were approximately 20 vehicles on the property now. Mr. Hendrix stated some were his personal vehicles and some are vehicles he is working on. He further stated he would purchase new parts and not use parts from junk vehicles. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:29 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon motion of Mr. Merricks, seconded by Mr. Yeaman, the following motion was adopted: Whereas, Herbert Templeton and Others, 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 Board of Zoning Appeals June 10, 2014 Page 3 will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. Motion passed unanimously. This concludes the Special Use cases. The meeting adjourned at approximately 7:30 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk