BZA Minutes 04102018PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS
REGULAR MEETING
Tuesday, April 10, 2018
MINUTES
VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, April 10, 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. Mrs. Hayes called the roll. PRESENT
Kenneth Talbott
R. Allan Easley
Leon Griffith Helen Glass
Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman
Karen N. Hayes APPROVAL OF THE AGENDA
Upon motion of Mr. Griffith, seconded by Mr. Yeaman, and by unanimous vote, the agenda was approved as
presented. APPROVAL OF THE MINUTES
Upon motion of Mr. Merricks, seconded by Mr. Easley, and by unanimous vote, the minutes of the February 13,
2018, meeting were approved as presented.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Mrs. Hayes reported there are a total of four (4) Special Use Permit cases for the May 2018 cycle; three (3) cases to allow for placement of single-wide mobile homes and one (1) case to allow for expansion of an existing shooting range.
THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at
approximately 7:02 p.m.
Case S-18-002, Christopher B. Shively – The Chairman opened the public hearing at approximately 7:02 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Christopher Shively had petitioned for a Special
Use Permit on 2.95 acres, located on State Road 716/Keeling Drive, in the Dan River Election District for a public garage. Mrs. Hayes further reported the Planning Commission, with opposition, recommended granting the
petitioner’s request with proffered conditions as presented. Christopher Shively was present to represent the petition.
He stated he just wanted to support his family. He then stated he would keep the noise down and would keep the property clean. He also stated the proffered conditions as presented would be incorporated. There was no
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April 10, 2018 Page 2
opposition to the petition. The Chairman closed the public hearing at approximately 7:04 p.m. The Board discussed the petition as the Committee of the Whole. During the discussion, the following conditions were reviewed: there
are no businesses located on the highway; this is an agricultural area with well-kept homes; inoperable vehicles, etc. Upon motion of Mrs. Glass, seconded by Mr. Griffith, the following motion was adopted: Whereas, Christopher B.
Shively has petitioned the Board of Zoning appeals for a Special Use Permit for a public garage 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 following conditions: (1) The applicant’s proffer is accepted; (2) Inoperable vehicles in excess of three (3) shall be removed. Motion passed unanimously.
Case V-18-001, Robin M. Holley, Et Als, Penny M. Mayhew, Et Als, Goldy H. Purcell, Et Als, & Richard J. Purcell, Et Als – The Chairman opened the public hearing at approximately 7:18 p.m. Mrs. Hayes, Deputy Director
of Community Development, reported that Robin Holley and Others had petitioned for a Variance on 1.17 acres, located on State Road 980/Clearwater Lane, in the Callands-Gretna Election District to Section 35-269, AREA
REGULATIONS. (A.) Minimum Lot Size, #4, frontage requirement of 75 feet, of the Pittsylvania County Zoning
Ordinance to allow for subdivision of the property between family members. Mrs. Hayes further reported the Planning Commission, with no opposition, recommended granting the petitioners’ request. Robin Holley, Goldy
Purcell and Richard Purcell were present to represent the petition. They stated the property had been in their family since 1967 and was jointly owned by their parents. They stated they wanted to divide the property now and settle things for their children. They then stated they would keep the property in their family for 15 years. There was no
opposition to the petition. The Chairman closed the public hearing at approximately 7:24 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Craddock, the
following motion was adopted: Whereas, Robin M. Holley and Others have petitioned the Board of Zoning Appeals
for a Variance to Section 35-269. AREA REGULATIONS. frontage requirement of 75 feet and, Whereas, the application does fulfill the minimum requirements for a variance from the provisions of the ordinance and, Whereas,
the board finds that the strict application of the ordinance would produce undue hardship, 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, I move the Variance be granted. Motion passed unanimously.
This concludes the Variance Case.
Case S-17-014, Mountain Valley Pipeline, LLC – The Chairman opened the public hearing at approximately 7:29
p.m. Mrs. Hayes, Deputy Director of Community Development, reported that Mountain Valley Pipeline, LLC, had petitioned for a Special Use Permit on a total of 80.44 acres, two (2) parcels of land, located on State Road
692/Transco Road, in the Banister Election District for a gas transmission facility and related buildings. Mrs. Hayes
further reported the Planning Commission, with opposition, recommended granting the petitioner’s request with proffered conditions as presented. Mr. Robert Pichardo, Senior Staff Attorney with EQT Corporation was present to
represent the petition. He gave a brief overview of Mountain Valley Pipeline, LLC, and then provided updates to the
Board members regarding the progress of the project. He then delivered a PowerPoint Presentation to the Board members. Mr. Paul Secenger (sp), Senior Engineer at EQT, stated that safety is the primary goal of the company and
then presented a brief summary of safety features. Mark Joyner, Buddy Hearn and Karen Maute spoke in opposition to the petition. Their concerns included, but were not limited to, the following: loud noise from the adjacent
Transcontinental Gas Pipe Line facility; no special use permits for easements; M-2 zoning does not follow the
comprehensive plan; the area is an unmanned site; rights of pre-emption; safety issues; public access to and protection of the cemetery on the property, etc. Mr. Pichardo offered a rebuttal and addressed the concerns of the individuals
opposed to the petition. He then addressed the concerns of the Board members regarding safety issues, etc. The Chairman closed the public hearing at approximately 8:12 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Yeaman, seconded by Mr. Easley, the following motion was adopted: Whereas,
Mountain Valley Pipeline, LLC, has petitioned the Board of Zoning appeals for a Special Use Permit for a gas
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transmission facility and related buildings 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 following conditions: (1) All pertinent local, state and federal permits are in the possession of the Zoning Administrator (Deputy Director of
Community Development); (2) The three (3) proffers by Mountain Valley Pipeline, LLC, are accepted. Motion
passed unanimously.
This concludes the Special Use Permit cases. The meeting adjourned at approximately 8:30 p.m.
_________________________________ Kenneth Talbott, Chairman
________________________________ Kathy H. Belton, Clerk