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05-13-2014PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING May 13, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, May 13, 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 Odie H. Shelton, Jr. ABSENT Carroll Yeaman R. Allan Easley APPROVAL OF THE MINUTES By motion of Mr. Merricks, seconded by Mr. Craddock, and by a 5 to 0 vote (2 members were absent) the Minutes of the April 8, 2014, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the cases for the June 2014 Cycle. CHAIRMAN'S REPORT There was no Chairman's report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:01 p.m. Case S -1, Smith Mountain Dock & Lodge LLC. S -14- 005 — Mr. Talbott opened the public hearing at approximately 7:03 p.m. Mr. Shelton, Director of Code Compliance /Zoning Administrator, reported Smith Mountain Dock & Lodge LLC. had petitioned for a Special Use Permit on 8.82 acres, three parcels of land, located on State Road 626 /Smith Mountain Road, in the Callands- Gretna Election District for a campground. He further stated the Planning Commission, with opposition, recommended granting the petitioner's request. Mr. Talbott explained the process for hearing a Special Use Case. Dean Hawkins was present to represent the petition and explained the property was purchased in August of 2013. Mr. Hawkins showed several exhibits to explain the scope of the development. He further explained there were 19 single wide homes on this property previously and these had been Board of Zoning Appeals May 13, 2014 Page 2 removed. Mr. Hawkins explained there would be 39 recreational vehicle sites and that the well and septic systems were existing. He then discussed proffer # 18. Mr. Hawkins explained that the Health Department had been contacted regarding this development and that the single family dwelling on site would remain as the one site manager's residence. Mr. Dennis Sparks then spoke regarding issues regarding the length of rentals and the rental costs with the Board. It was also stated that no porches or decks could be added and that the daily rates would be prohibitive for yearly rentals. It was further stated that traffic would most probably be limited to approximately 39 vehicles per day and that the existing docks on the property were grandfathered and would be repaired. Mr. Talbott confirmed that placing some conditions on the Special Use Permit would not be a problem with the applicant. The applicant stated they would not be. Karen Maute came forward and discussed some issues related to proffer # 18 and the pumping station. Mr. Talbott informed Ms. Maute of the role of the Board of Zoning Appeals in the Special Use process and that that most campgrounds had pumping stations. Molly Holmes then came forward and discussed some issues related to the case including, but not limited to, proffer # 18, the impact on homeowners in the area tax wise, scope of the development and the sewage pump out at the campground. There was then a general discussion regarding the recording of the proffer and that the Department of Code Compliance was responsible for enforcing the proffer and the conditions, if any, placed on the Special Use Permit. Mr. Talbott closed the public hearing at approximately 8:00 p.m. Mr. Hawkins then offered a rebuttal. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. During the discussion Mr. Talbott mentioned some conditions that may be placed on the Special Use Permit and that the Board may do away with proffer # 18, and asked the applicant if these conditions would be acceptable. The applicant answered in the affirmative. During the discussion Mr. Shelton and Mr. Talbott discussed the proffer that had been submitted to the Board of Supervisors related to the rezoning application. Mr. Shelton stated he felt that this proffer should not be dropped because it had been approved by the Board of Supervisors during the rezoning. Mr. Merricks and Mr. Estes agreed that this proffer was related to the rezoning process and should be kept as is. Upon motion of Mr. Merricks, seconded by Ms. Glass, the following motion was adopted: Whereas, Smith Mountain Dock & Lodge, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a campground 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 acceptance of proffers one (1) to 17 and additional conditions: 1. No add -on structures, permanent or temporary. 2. Mobile vehicles must remain in road worthy condition. 3. No permanent hook ups of electric, water or sewer. 4. No underpinning. 5. No year -round rentals. Motion passed by a 5 to 0 vote (2 members were absent). This concludes the Special Use case. The meeting adjourned at approximately 8:18 p.m. Kenneth Talbott, Chairman Hannah R. Orgain, Clerk