Loading...
04-14-2015PITT SYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING APRIL 14 , 2015 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, April 14, 2015, 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 Joseph “Jay” Craddock Carroll Yeaman Ronald Merricks R. Allan Easley Odie H. Shelton, Jr. ABSENT Leon Griffith APPROVAL OF THE MINUTES By motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the Minutes of the March 10, 2015, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported there were no cases for the May, 2105 cycle. There was then a general discussion regarding HB 1849, which becomes effective July 1, 2015. This bill will make it “significantly” easier to get zoning variances in Virginia. The Chairman recommended the members go on line and read the entire bill. 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. Mr. Talbott stated the Zoning Precepts should be modified to read “Anyone here to speak to the board, other than the applicant , regarding zoning cases will be limited to (3) minutes.” Case S-1, Smith Mountain Dock & Lodge, LLC , S-15-004 – Mr. Talbott opened the public hearing at approximately 7:04 p. m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Smith Mountain Dock & Lodge, LLC, has petitioned for a Special Use Permit on a total of 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 reported the Planning Commission, with opposition, recommended denying the petitioners’ request. Mr. Shelton further stated the applicant would like to withdraw the petition without a time limit to reapply. Mr. Thomas Board of Zoning Appeals Page 2 May 14, 2014 Brooks, Sr. was present to represent the petition. He stated he would like to withdraw the petition without any penalty to reapply. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:05 p.m. The Board discussed the withdrawal as the Committee of the Whole. Upon motion of Mr. Easley, seconded by Mr. Merricks, 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 , the Applicant has requested to withdraw the petition without penalty, I move the withdrawal request be granted . Vote passed unanimously. The vote was 6 to 0 with one (1) member absent, Mr. Griffith. This concludes the Special Use Case. V-1 , Estes Incorporated , V-15-002 – Mr. Talbott opened the public hearing at approximately 7:09 p. m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Estes Incorporated had petitioned for a Variance on 0.75 acre, located on U.S. Highway 58/Martinsville Highway, in the Westover Election District, to Section 35-369. Minimum Yard Dimensions. (A.) Front Setback, requesting a variance of 20 feet to allow for an additional gas pump that will be encroaching the right-of- way. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioners’ request. Michael Estes was present to represent the petition. Mr. Estes brought photos of his business and gave an explanation of the existing pumps. He stated he would like to relocate one (1) tank and add an additional tank. This tank will be no closer to the right of way than the existing tank. He would also like to expand the canopy to cover the pumps but, the canopy would be no closer to the road. Mr. Estes stated he was unable to relocate the new pump to the rear of the business because he was unable to monitor it. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:12 p.m. The Board discussed the petition for the Variance as the Committee of the Whole. During the discussion numerous issues were discussed related to the Variance. These included, but were not limited to: this variance would address safety issues regarding traffic entering and existing the business and would be an improvement to the community. It was also stated that the Mr. Shelton would require a site plan, prior to any construction, on this site. There was also a discussion of the right of way for this property. Upon motion of Mr. Yeaman, seconded by Mr. Craddock, the following motion was adopted: Whereas , Estes Incorporated has petitioned the Board of Zoning Appeals for a Variance to Section 35-369. Minimum Yard Dimensions (A.) Front Setback, of the Pittsylvania County Zoning Ordinance and , Whereas , the application does fulfill the minimum requirements for a variance from the provisions of the new ordinance and , Whereas, the board finds that the strict application of the ordinance would produce undue hardship, that the hardship is not shared generally by other properties in the same zoning district and the same vicinity, that the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance and , Whereas , the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, I move the Variance be granted with the following condition: 1-The applicant must comply with all requirements imposed by VDOT. This concludes the Variance case. The meeting adjourned at approximately 7:28 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk