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BZA Minutes 01092018PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING Tuesday, January 9, 2018 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, January 9, 2018, 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 moment of silence. Ms. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Joseph “Jay” Craddock Helen Glass Leon Griffith Carroll Yeaman Karen N. Hayes ABSENT Ronald Merricks APPROVAL OF THE AGENDA Upon motion of Mr. Craddock, seconded by Ms. Glass, and by unanimous vote, the agenda was approved with the addition of Approval of the Agenda. The vote was 6 to 0, with one member absent, Mr. Merricks. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Upon motion of Mr. Griffith, seconded by Mr. Yeaman Mr. Talbott was elected Chairman and Mr. Easley was elected Vice Chairman for the year 2018. Mr. Talbott thanked the members for their confidence in him. The vote was 6 to 0, with one member absent, Mr. Merricks. APPROVAL OF THE MINUTES By motion of Mr. Easley, seconded by Ms. Glass, and by unanimous vote, the minutes of the December 12, 2017, meeting were approved as presented. The vote was 6 to 0, with one member absent, Mr. Merricks. OLD BUSINESS The Board reviewed the 2017 Annual Report. Mr. Light informed the board that a decision had been made by the court regarding the Frakes Appeal Case. He further stated he had not received a signed copy of the final order and would provide the Board with one when he received it. NEW BUSINESS Ms. Hayes reported on the case for the February 2018 cycle. Board of Zoning Appeals Page 2 January 9, 2018 THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:05 p.m. Case S-1, Town of Altavista, S-18-001 – The Chairman opened the public hearing at approximately 7:06 p.m. Ms. Hayes, Interim Zoning Administrator, reported that the Town of Altavista had petitioned for a Special Use Permit on 162 acres, located on Rockford School Road, in the Staunton River Election District for expansion of the existing shooting range on the property. She further stated the Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Hayes stated the staff summary was enclosed in the Board Packet and that this case had been property advertised. Mr. Kenny Moorefield, Deputy Chief of Police with the Town of Altavista was present to represent the petition. Mr. Moorefield came forward and stated he would like to see this petition approved and it would help law enforcement. There was no opposition to the petition. The Chairman closed the public hearing at approximately 7:07 p.m. The Board discussed the petition, at length, as the Committee of the Whole. The Chairman stated this would be a complicated process. He further informed Mr. Moorefield that he was a certified instructor and presented him with some resource materials, Range Design Criteria from the U. S. Department of Energy, Office of Health, Safety and Security. (copy enclosed in case file). Some of the topics that were discussed but, not limited to were: access and use of the facility, how often it would be used, the location of the range on the property and environmental concerns. Mr. Moorefield stated the range was used approximately three times a year for general training. He further stated the facility was grandfathered. Security of access to the property, operating hours, location of the range, location of the facility from property lines, liability for the county and consideration of attaching a sundown clause or renewal clause to the Special Use Permit, lead contamination and design of the berm were discussed. The Chairman also mentioned the NRA source book as a resource for the applicant. The Board discussed delaying this case until some matters could be resolved. After further discussion the applicant stated he would entertain a delay so the Chief of Police could be at the next meeting. It was further stated this may protect the county, the Town of Altavista and the residents. Upon motion of Mr. Easley, seconded by Mr. Yeaman, the following motion was adopted: The consideration of this application for a Special Use Permit be delayed for 60 days with the approval of the applicant. Motion passed by a 6 to 0 vote, with one member absent, Mr. Merricks. This concludes the Special Use Case. Case Z-1, Chatham High Z-18-001 - The Chairman opened the public hearing at approximately 7:49 p.m. Ms. Hayes, Interim Zoning Administrator, reported that Chatham High School had petitioned for a Sign Permit on 30 acres, located on State Road 703/Chatham Cavalier Circle, in the Chatham-Blairs Election District for an on-site 5 x 8 (40 square feet), double-sided (total of two (2) panels), electronic digital marquee advertisement sign. She further stated the Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Hayes stated the staff summary was enclosed in the Board Packet and that this case had been property advertised. Mr. Jason Reece, Assistant Principal of Chatham High, was present to represent the petition. Mr. Reese came forward and stated the school wanted to install a digital, informational sign. He further stated they were not aware of the size requirements and had ordered the sign and were very excited about it. He further stated they would be relocating the two existing signs. There was no opposition to the petition. The Chairman closed the public hearing at approximately 7:54 p.m. The Board discussed the petition as the Committee of the Whole. During the discussion it was stated that removing the two existing signs would be good. Upon motion of Mr. Griffith, seconded by Ms. Glass, the following motion was adopted. Whereas, Chatham High has petitioned the Board of Zoning Appeals for a Sign Permit for an on-site 5 x 8 (40 square feet), double-sided (total of two (2) panels), electronic digital marquee advertisement sign and, Whereas, the application meets the requirements of the Pittsylvania County Zoning Ordinance, I move the Sign Permit be granted. The vote was 6 to 0, with one member absent, Mr. Merricks. This concludes the Sign Permit Case. Board of Zoning Appeals Page 3 January 9, 2018 Case A-1, Karen Maute, A-17-001 - The Chairman opened the public hearing at approximately 7:56 p.m. Ms. Hayes, Interim Zoning Administrator, reported that Karen Maute had filed a Notice of Appeal alleging that administrative officers made a decision or determination regarding the administration or enforcement of the Pittsylvania County Zoning Ordinance on August 15, 2017 that was unlawful. She further stated the Board of Zoning Appeals was requested to determine whether or not such decisions or determinations were made, and if so, were they lawful. Ms. Hayes stated the summary and transcript of the meeting were enclosed in the Board packet and the case had been property advertised. The Chairman then called Ms. Maute forward. Ms. Maute read from the attached Exhibit A, Remarks Submitted by Karen B. Maute Ms. Maute mentioned the advertisement for the case and the motion in the Board packet. The Board discussed this issue as the Committee of the Whole. Upon motion of Mr. Craddock, seconded by Mr. Griffith, the following motion was adopted: Whereas, Karen Maute filed a Notice of Appeal to the Board of Zoning Appeals alleging that administrative officers made a decision or determination regarding the administration or enforcement of the Pittsylvania County Zoning Ordinance on August 15, 2017 that were unlawful. After consideration the Board of Zoning Appeals concludes: 1)That Mr. Hunt or Mr. Sides did not make a decision or determination that the Mountain Valley Pipeline held certification from the Federal Energy Regulatory Commission, and as such federal law preempted local law; and 2)That Mr. Hunt and Mr. Sides did not make a decision or determination at the aforesaid meeting that they would not enforce the Pittsylvania County Zoning Ordinance; and 3)That Mr. Hunt and Mr. Sides did not make a decision or determination at the aforesaid meeting to exempt Mountain Valley Pipeline from compliance with the Pittsylvania County Zoning Ordinance regarding easements in excess of 40 feet in width and, Whereas, for reasons well supported in the record, I move that the appeal be denied. The vote was five members voting for the motion, one member absent, Mr. Merricks and one member abstaining from the vote, Ms. Glass. This concludes the Appeal Case. The meeting adjourned at approximately 8:30 p.m. _________________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk