BZA 09 13 2021
BOARD OF ZONING APPEALS
REGULAR MEETING
Monday, September 13, 2021 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
I. CALL TO ORDER
II. ROLL CALL
III. MOMENT OF SILENCE
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
1. BZA 08_09_2021 Minutes
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. HEARING OF CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
IX. CHAIRMAN'S REPORT
Regular Meeting - September 13, 2021
X. PUBLIC HEARING
Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the
Board of Zoning Appeals have been empowered to hear and decide specific applications
and appeals in support of said ordinance. In accomplishing this important task we are
charged with promoting the health, safety, and general welfare of the citizens of
Pittsylvania County. We must insure that all our decisions and recommendations be
directed to these goals and that each be consistent with the environment, the
comprehensive plan and in the best interest of Pittsylvania County, its citizens and its
posterity. Anyone here to speak to the board, other than the applicant, regarding zoning
cases will be limited to (3) three minutes.
1. Public Hearing: Case S-21-009 Michael and Cynthia Flanigan; Special Use Permit for
the sales, service, and repair of automobiles/public garage
XI. ADJOURNMENT
Board of Zoning Appeals
STAFF SUMMARY
Case: Board of Zoning Appeals
Minutes 08/09/2021
District:
Zoning Request:
Agenda Date: September 13, 2021
Meeting History:
5.1
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August 9, 2021
Regular Meeting
Pittsylvania County Board of Zoning Appeals
Regular Meeting
August 9, 2021
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held
on August 9, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman
R. Allan Easley, called the meeting to order at 7:00 PM. The following members were present:
Attendee Name Title Status Arrived
R. Allan Easley Chairman Present 6:24 PM
Ronald E. Merricks Vice-Chairman Present 6:21 PM
Ryland Brumfield Board Member Present 6:24 PM
Joseph A. Craddock Board Member Absent 6:24 PM
Ann Deering Board Member Present 6:24 PM
Hershel Stone Board Member Present 6:22 PM
Carroll Yeaman Board Member Present 6:20 PM
APPROVAL OF AGENDA
Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda
was approved as presented.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ronald E. Merricks, Vice-Chairman
SECONDER: R. Allan Easley, Chairman
AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman
ABSENT: Craddock
APPROVAL OF MINUTES
Upon motion of Mr. Easley, seconded by Mr. Stone, and by a unanimous vote, the minutes were
approved as presented.
1. BZA Minutes 07122021
RESULT: APPROVED [UNANIMOUS]
MOVER: R. Allan Easley, Chairman
SECONDER: Hershel Stone, Board Member
AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman
ABSENT: Craddock
OLD BUSINESS
There was no old business.
NEW BUSINESS
5.1.a
Packet Pg. 4 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes)
Mrs. Ragsdale stated there will be one case for a Special Use Permit to be heard at the September
meeting, Case S-21-009.
HEARING OF CITIZENS
No citizens came forward to speak.
CHAIRMAN'S REPORT
There was no Chairman's Report.
PUBLIC HEARING
1. Public Hearing: Case S-21-007 Rodney and Patricia Barker; Special Use Permit for a
Kennel
Mr. Easley opened the public hearing at approximately 7:05 pm. Mrs. Ragsdale, Director of
Community Development, reported that Patricia Barker petitioned for a Special Use Permit on a
total of 4.75 acres, located on US Hwy 29 in the Westover Election District for a kennel for
boarding and grooming dogs. Ms. Barker was not present to represent the petition, Mrs. Ragsdale
stated she would answer any questions during the public hearing. There was opposition to the
Special Use Permit from several residents of the neighborhood, Hunter Byrnes spoke on behalf of
those residents. Their concerns included but were not limited to: noise levels, decrease in property
values and access to the business through a residential entrance. Nancy Horton, who resides at
2057 Woodlake Drive, voiced concerns of increased traffic damaging the road which is already in
need of repair at this time. The Board discussed the petition as the Committee of the Whole. A
motion was made by Mr. Merricks, seconded by Mr. Yeaman, to deny the Special Use Permit.
Motion passed by a six (6) to zero (0) vote (one (1) member, Mr. Craddock was absent).
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald E. Merricks, Vice-Chairman
SECONDER: Carroll Yeaman, Board Member
AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman
ABSENT: Craddock
2. Public Hearing: Case S-21-008 Gentry Farms, LLC; Special Use Permit for a Recreational
Use, Event Use.
Mr. Easley opened the public hearing at approximately 7:36 pm. Mrs. Ragsdale, Director of
Community Development, reported that Gentry Farms, LLC, petitioned for a Special Use Permit
on a total of 14.70 acres, located on Clarks Mill Road in the Dan River Election District for an
Event Venue. R. J. Lackey was present to represent the petition. There was no opposition to the
petition. Mr. Easley closed the public hearing at 7:40. A motion was made by Mr. Yeaman,
seconded by Ms. Deering, to grant the Special Use Permit. Motion passed by a six (6) to zero (0)
vote (one (1) member, Mr. Craddock was absent).
5.1.a
Packet Pg. 5 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes)
RESULT: APPROVED [UNANIMOUS]
MOVER: Carroll Yeaman, Board Member
SECONDER: Ann Deering, Board Member
AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman
ABSENT: Craddock
ADJOURNMENT
The meeting was adjourned at approximately 7:42 pm.
5.1.a
Packet Pg. 6 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes)
Board of Zoning Appeals
STAFF SUMMARY
Case: Public Hearing: Case S-
21-009 Michael and
Cynthia Flanigan
District: Chatham-Blairs Election District
Zoning Request: SUP
Agenda Date: September 13, 2021
Meeting History:
SUBJECT
Requested by Michael and Cynthia Flanigan, for a Special Use Permit the sales, service, and
repair of automobiles/public garage. The property is 2.0 acres, located on W I Powell Road, in
the Chatham Blairs Election District and shown on the Tap Maps as GPIN # 1492-65-8123.
BACKGROUND/DISCUSSION
The applicants are proposing to operate a public garage on the subject property. Due to the
applicant’s request to service automobiles, a Special Use Permit for a public garage is required in
accordance with Pittsylvania County Code § 35-179. The applicants currently operate a towing
and repair business in the City of Danville and have stated that this will not be an expansion of
that operation. They will be using an existing structure on the property and plan to primarily
restore antique vehicles.
Currently, the property is accessed by a shared driveway that provides access to the subject
property and two neighboring properties. A maintenance agreement was signed in 1992 between
the property owners stating that the private road could be used for access and the maintenance
was to be shared between property owners using the road. This agreement is still in affect and a
copy is included in the packet.
DIRECTIONS
The address is 1415 W I Powell Road.
SURROUNDING LAND USE AND ZONING DISTRICTS
Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision
District, zoned properties.
SITE DEVELOPMENT PLAN
An existing building will be used for this operation.
RECOMMENDATION
Staff recommends APPROVAL of Case S-21-009 with the following conditions:
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1. This property shall not be used for the sale of automobiles.
2. Repair activities shall be contained within an enclosed structure.
3. Inoperable vehicles shall not be stored on the property for longer than two (2) weeks and
must be stored in an area screened in accordance with PCC § 35-121.
PLANNING COMMISSION MOTIONS:
1. Recommend approval of Case S-21-009 as submitted.
2. Recommend approval of Case S-21-009 subject to conditions by staff.
3. Recommend approval of Case S-21-009 subject to conditions by the Planning
Commission.
4. Recommend denial of Case S-21-009 as submitted.
ATTACHMENTS:
A. Application
B. Letter of Intent
C. Executive Summary
D. Petition
E. Sign Affidavit
F. Adjacent Parcel Owners
G. Road Maintenance Agreement
PLANNING COMMISSION RECOMMENDATION:
On August 3, 2021, the Planning Commission recommended by an 8 to 0 vote, with no
opposition, that the petitioners’ request be granted.
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10.1.a
Packet Pg. 9 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 10 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 11 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 12 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 13 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 14 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 15 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 16 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
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Packet Pg. 17 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)
10.1.b
Packet Pg. 18 Attachment: Case S-21-009 Flanigan Map (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)