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06-09-2015PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING JUNE 9, 2015 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, June 9, 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. Sides called the roll. PRESENT Kenneth Talbott Helen Glass Joseph “Jay” Craddock Carroll Yeaman R. Allan Easley Greg Sides ABSENT Odie H. Shelton, Jr. Leon Griffith Ronald Merricks APPROVAL OF THE MINUTES By motion of Mr. Easley, seconded by Ms. Glass, and by a unanimous vote, the Minutes of the April 14, 2015, meeting were approved as presented. Old Business There was no old business. New Business Request to Resubmit Applications for Special Use and Variance for Dog Kennel The Board reviewed the letter dated April 24, 2015, submitted by Jeffrey Scott Crider regarding his request to repetition the Planning Commission and Board of Zoning Appeals for a Special Use Permit and a Variance for a dog kennel in July, 2015. The Board discussed the consideration as the Committee of the Whole. During the discussion House Bill 1849 was discussed and its effect on the Variance process. Upon motion of Mr. Easley, seconded by Mr. Yeaman, the following motion was adopted: Whereas, Jeffrey Scott Crider has requested the Board of Zoning Appeals reconsider his request for a Special Use Permit and a Variance for a dog kennel to be heard in July, 2015, I move the request be granted. The vote was four (4) to one (1). Those voting for the motion were: Ms. Glass, Mr. Easley, Mr. Craddock and Mr. Yeaman. Mr. Talbott voted against the motion. Mr. Talbott informed the Board they could find House Bill 1849 on line. He then requested that Mr. Sides send the members a copy of information on House Bill 1849 and Mr. Sides stated he would have the memo from Mr. Hunt, the County attorney, sent to them. Mr. Sides reported on the July cycle and clarified the location of one (1) petition. Board of Zoning Appeals Page 2 June 9, 2015 CHAIRMAN’S REPORT There was no Chairman’s report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:11 p.m. Case S-1, Johnnie N. Davis, Jr., & Cynthia B. Davis, S-15-005 – Mr. Talbott opened the public hearing at approximately 7:13 p. m. Mr. Sides, Assistant County Administrator for Planning and Development, reported Johnnie and Cynthia Davis had petitioned for a Special Use Permit on 1.52 acres, located on State Road 719/East Witt Road, in the Chatham-Blairs Election District for non-emergency medical transport. He further reported the Planning Commission, with no opposition, recommended granting the petitioners’ request. Ms. Cynthia Davis was present to represent the petition. She stated she had spoken to the neighbors regarding the petition and they were not opposed. She further stated her business would not interfere with the day-to-day workings of the neighborhood. She also stated this was a new business. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:15 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon motion of Ms. Glass, seconded by Mr. Craddock, the following motion was adopted: Whereas, Johnnie N. Davis Jr., and Cynthia B. Davis have petitioned the Board of Zoning Appeals for a Special Use Permit for non-emergency medical transport 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 be granted. Vote passed unanimously. The vote was 5 to 0 with two (2) members absent, Mr. Griffith and Mr. Merricks. Case S-2, Tommy D. Mathena & Joyce S. Mathena , S-15-006 – Mr. Talbott opened the public hearing at approximately 7:16 p. m. Mr. Sides, Assistant County Administrator for Planning and Development, reported Tommy and Joyce Mathena had petitioned for a Special Use Permit on 26.12 acres, located on U. S. Highway 41/Franklin Turnpike, in the Tunstall Election District for a private recreational facility. He further reported the Planning Commission, with no opposition, recommended granting the petitioners’ request. Tony Neal was present to represent the petition. He stated this would be something for the community and the hours would be from 9:00 to 5:00. He further stated the facility would not be loud and he had stopped and talked with some of the neighbors. Mr. Neal also stated he would adjust if there were any problems reported. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:18 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon motion of Mr. Easley, seconded by Mr. Yeaman, the following motion was adopted: Whereas, Tommy and Joyce Mathena have petitioned the Board of Zoning Appeals for a Special Use Permit for a Special Use Permit for a private recreational facility (paint ball park) 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 be granted. Vote passed unanimously. The vote was 5 to 0 with two (2) members absent, Mr. Griffith and Mr. Merricks. This concludes the Special Use Cases. The meeting adjourned at approximately 7:20 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk