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07-08-2014PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING July 8, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, July 8, 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. Yeaman, seconded by Mr. Estes, and by a unanimous vote, the Minutes of the June 10, 2014, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the cases for the August 2014 Cycle and gave some specifics on the cases. CHAIRMAN’S REPORT There was no Chairman’s report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Case S-1, Christopher Shively, S-14-009– Mr. Talbott opened the public hearing at approximately 7:02 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Christopher Shively had petitioned for a Special Use Permit on 2.95 acres, located on State Road 716/Keeling Drive, in the Dan River Election District for an automobile graveyard. He further stated the Planning Commission, with opposition, recommended denying the petitioner’s request. Mr. Shelton further stated there was a petition enclosed in the Board packet signed by neighbors opposing the Special Use Permit. Christopher Shively was present to represent the petition and stated some facts regarding the case. Mr. Shively stated he did not want an automobile graveyard but had vehicles that had belonged to his deceased father that he wanted to restore. He further stated he would add a fence or tree buffer to the property. Henry A. Davis, Jr., came forward and spoke in opposition to the petition. Mr. Davis stated his family owned a farm across the road from the petitioned property. He further stated he was concerned that if this Special Use Permit was granted, the uses would not be limited and there would not be any way to limit the number of cars placed on the Board of Zoning Appeals July 8, 2014 Page 2 property. Mr. Davis asked that the Special Use application be denied. Ronald Merricks removed himself from the Board and spoke in opposition to the petition. Mr. Merricks stated his wife owned a family farm in close proximity to the petitioned parcel. He stated even though this property was zoned A-1, Agricultural District, this was a nice residential area with nice homes. Mr. Merricks referred to the petition in the packet with signatures of residents opposing the petition. He further stated this issue was not related to Mr. Shively’s father but to land use and storage of junk vehicles. Mr. Merricks further stated some issues related to, but not limited to, the following: contamination of ground water from the junk vehicles, decrease in property values, environmental issues, and the character of the zoning district would be changed. He further stated there had also been lots of activity at this site. Mr. Shively then offered a rebuttal. Mr. Talbott closed the public hearing at approximately 7:14 p.m. The Board, with the exception of Mr. Merricks, discussed the petition as the Committee of the Whole and determined there were no other businesses in this area and placing a business there would change the character of the zoning district. The Board further stated this petition did not fit the character of the zoning district, this zoning change would be permanent and that this Special Use Permit would not honor the spirit of the ordinance and would change the character of the neighborhood. It was further stated that they did feel for the sentimental value of these vehicles to the applicant, but had concerns regarding a lot of old vehicles sitting on the property. Upon motion of Mr. Easley, seconded by Ms. Glass, the following motion was adopted: Whereas, Christopher B. Shively has petitioned the Board of Zoning Appeals for a Special Use Permit for an automobile graveyard 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 by a six (6) to zero (0) vote, with one (1) member abstaining. Those voting to deny the petition were: Mr. Talbott, Mr. Easley, Mr. Estes, Ms. Glass, Mr. Craddock and Mr. Yeaman. Mr. Merricks abstained from the vote. This concludes the Special Use Permit case. The meeting adjourned at approximately 7:17 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk