08-11-2015PITT SYLVANIA COUNTY BOARD OF ZONING APPEALS
REGULAR MEETING
August 11 , 2015
MINUTES
VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, August 11, 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
R. Allan Easley
Leon Griffith
Ronald Merricks
Odie H. Shelton, Jr.
APPROVAL OF THE MINUTES
By motion of Mr. Merricks, seconded by Ms. Glass, and by a unanimous vote, the Minutes of the July
14, 2015, meeting were approved as presented.
Old Business
Junkyard Case S-15-009, Carson Lester – The Board discussed Condition #3 as related to S-15-009.
Mr. Talbott explained the criteria for testing of water samples as related to this case. The Board
discussed the condition and Mr. Talbott stated if a Board member felt this issue needed to be revisited it
would have to be advertised and a public hearing would have to be held. Some of the issues discussed
were the criteria for taking water samples, Mr. Lester had made improvements to the property since the
Special Use Permit was granted and that he could not be “singled out” in regards to the water testing.
Comments were taken from Glenn Pulley and Sheila Cody. After comments and discussion, the
following motion was made by Mr. Merricks: Reopen the public hearing to reconsider condition # 3.
Mr. Talbott seconded the motion. The following vote was taken: Mr. Merricks for the motion. R. Allen
Easley, Leon Griffith, Helen Glass, Joseph Craddock and Carroll Yeaman against the motion. Mr.
Talbott abstained from the vote. The motion failed .
New Business
Mr. Shelton reported on the case for the September, 2015 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 7:29 p.m.
Case S-1, The ARC of Southside , S-15-005 – Mr. Talbott opened the public hearing at approximately
7:30 p. m. Mr. Shelton, Director of Code Compliance/Zoning Administrator reported The ARC of
Southside had petitioned for a Special Use Permit on 1.14 acres, located on State Road 685/Chalk
Level Road in the Banister Election District for
Board of Zoning Appeals
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August 11, 2015
a private day school for developmentally disabled children. He further reported the Planning
Commission, with no opposition, recommended granting the petitioners’ request. Dr. Lynn Bezue and
Martha Walker were present to represent the petition. It was stated this would not be a residential
facility and would be used for educational purposes. There was no opposition to the petition. Mr.
Talbott closed the public hearing at approximately 7:33 p.m. The Board discussed the petition as the
Committee of the Whole and determined there were no adverse effects. During the discussion it was
stated there should not be a problem with the site distance at the facility and that the use of the building
was grandfathered by VDOT. It was further stated this was a good location and a good building for this
purpose. Upon motion of Mr. Easley, seconded by Ms. Glass, the following motion was adopted:
Whereas , the ARC of Southside has petitioned the Board of Zoning Appeals for a Special Use Permit
for a private school for developmentally disabled children 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.
This concludes the Special Use Case.
Case V-1, Roy and Patricia Custer , V-15-00 5 – Mr. Talbott opened the public hearing at
approximately 7:35 p. m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported
Roy and Patricia Custer had petitioned for a Variance on 6.30 acres, located on U. S. Highway 29
North, in the Callands-Gretna Election District to Section
35-369. Minimum Yard Dimensions (C.) Rear Setback, of the Pittsylvania County Zoning Ordinance
requesting a variance of 30 feet to allow for construction of a storage building. He further reported the
Planning Commission, with no opposition, recommended granting the petitioners’ request. Roy Custer
was present to represent the petition. He stated he wanted to construct this building for his personal
use now but, may want to rent it in the future. Mr. Custer further explained the positioning of the
building and that the neighbor had no objection to the variance. There was no opposition to the
petition. Mr. Talbott closed the public hearing at approximately 7:38 p.m. The Board discussed the
petition as the Committee of the Whole. During the discussion it was stated granting this variance
would be granting a special privilege, there was no hardship at any level and there was adequate room,
as is, to construct the building. Upon motion of Mr. Craddock, seconded by Mr. Easley, the following
motion was adopted: Whereas, Roy P. Custer and Patricia C. Custer have petitioned the Board of
Zoning Appeals for a Variance to Section 35-369. Minimum Yard Dimensions. (C.) Rear Setback, of the
Pittsylvania County Zoning Ordinance and , Whereas , we find the application does not fulfill the
minimum requirements for a variance from the provisions of the ordinance and , Whereas , the strict
application of the ordinance would not impose unnecessary hardship approaching confiscation, I move
the Variance be denied . Vote passed unanimously.
This concludes the Variance case.
.
The meeting adjourned at approximately 7:45 p.m.
_____________________________
Kenneth Talbott, Chairman
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Hannah R. Orgain, Clerk