Loading...
PC 07 06 2021 PLANNING COMMISSION REGULAR MEETING Tuesday, July 6, 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. PLEDGE OF ALLEGIANCE V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. Planning Commission Minutes 06-01-2021 VII. 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. VIII. CHAIRMAN'S REPORT IX. PUBLIC HEARING Regular Meeting - July 6, 2021 Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Planning Commission have been empowered to hear and decide specific applications in support of said ordinance and to make recommendations to the Board of Supervisors or the Board of Zoning Appeals. 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 regarding zoning cases will be limited to (3) three minutes. Case Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc: Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc; Rezoning from M-1, Industrial District, Light Industry to A-1, Agricultural District (Henderson) Case Public Hearing: Case R-21-019 Wesley Lee Francis: Public Hearing: Case R-21-019 Wesley Lee Francis; Rezoning from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (Henderson) Case Public Hearing: Case R-21-020 Terry Parsons: Public Hearing: Case R-21- 020 Terry Parsons; Rezoning from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (Mease) Case Public Hearing: Case R-21-021 Garnette Short: Public Hearing: Case R-21- 021 Garnette Short; Rezoning from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (Harker) Case Public Hearing: Case R-21-023 Mildred Lumpkin: Public Hearing: Case R-21-023 Mildred Lumpkin; Rezoning from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District (Mease) Case Public Hearing: Case S-21-007 Rodney and Patricia Barker: Public Hearing: Case S-21-007 Rodney and Patricia Barker; Special Use Permit for a Kennel (Haymore) Case Public Hearing: Case S-21-008 Danville Gentry Farm, LLC: Public Hearing: Case S-21-008 Danville Gentry Farm, LLC; Special Use Permit for a Recreational Use, Event Venue (Horne) X. OLD BUSINESS XI. NEW BUSINESS 1. Public Hearing: Case V-21-002 Jessica O'Neal; Requesting a Variance to Section 35- 369. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback. (Mease) XII. ADJOURNMENT Regular Meeting - July 6, 2021 Planning Commission STAFF SUMMARY Case: Minutes 06012021 District: Zoning Request: Agenda Date: July 06, 2021 Meeting History: June 1, 2021 Regular Meeting Pittsylvania County Planning Commission Regular Meeting June 1, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on June 1, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:45 PM Nathan Harker Vice Chairman - Staunton River District Present 6:40 PM Colette Henderson Member - Banister District Present 6:46 PM Janet Mease Member - Callands-Gretna District Present 6:41 PM Brian K. Horne Member - Dan River District Present 6:43 PM Morris Stowe Member - Tunstall District Present 6:45 PM Richard Waters Member - Chatham-Blairs District Present 6:46 PM Timothy W. Dudley Board of Supervisors Rep Present 6:47 PM PLEDGE OF ALLEGIENCE The Board recited the Pledge of Allegiance. HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mr. Stowe, seconded by Mrs. Mease, and by a 8 (eight) to 0 (zero) vote the agenda was approved as presented. 6.1 Packet Pg. 4 RESULT: ADOPTED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley APPROVAL OF MINUTES 1. Planning Commission Minutes May 4, 2021 A motion was made by Mr. Dudley, seconded by Mr. Stowe, and by a 8 (eight) to 0 (zero) vote, the May 4, 2021 minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case R-21-016 Stella and Joanna Hunt; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Harker) Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Stella and Joanna Hunt have petitioned to rezone 1.92 acres, generally located on State Road 688/Level Run Road, in the Staunton-River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for property to be subdivided in preparation for the construction of a single-family dwelling). Stella and Joanna Hunt were present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:04 p.m. A motion was made by Mr. Harker , seconded by Mr. Horne to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 2. Public Hearing: Case R-21-017 Garland and Kathryn Bennett; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Mease) Mr. Haymore opened the public hearing at 7:07 p.m. Mrs. Ragsdale, Director of Community Development, reported that Garland Bennett has petitioned to rezone 28.01 acres, generally located on State Road 935/Farmers Mountain Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for agricultural uses). Garland Bennett was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:09 p.m. A motion was made by Mrs. Mease , seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 8 (eight) to 0 (zero) vote. 6.1 Packet Pg. 5 RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 3. Public Hearing: Case S-21-005 Green Genie, LLC; Special Use Permit for a Campground and a Recreational Use(ATV Trails). (Henderson) Mr. Haymore opened the public hearing at 7:09 p.m. Mrs. Ragsdale, Director of Community Development, reported that Green Genie, LLC, petitioned for a Special Use Permit on one parcel of land, a total of 334.87 acres, located on State Road 686/Elkhorn Road, in the Banister Election District (to expand the current campground and operate ATV Trails on the subject property). Charles Chamberlain was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:13 p.m. A motion was made by Ms. Henderson , seconded by Mrs. Mease to grant the Special Use Permit. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 4. Public Hearing: Case S-21-006 Kenneth and Ann Pierce; Special Use Permit for a Double- Wide Mobile Home. (Harker) Mr. Haymore opened the public hearing at 7:16 p.m. Mrs. Ragsdale, Director of Community Development, reported that Kenneth and Ann Pierce, petitioned for a Special Use Permit on one parcel of land, a total of 1.29 acres, located on State Road 633/Easome Road, in the Staunton- River Election District (to allow for placement of a double-wide home to be used as their personal residence). Kenneth and Ann Pierce were present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:18 p.m. A motion was made by Mr. Harker , seconded by Mr. Dudley to grant the Special Use Permit. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 5. Public Hearing: Case CA-21-001 Patrick Sheldon; Revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 2, Parking Space Requirements for All Districts; PCC Sec. 35-82.4. Businesses, related to parking requirements for warehouse and storage facilities. Mr. Haymore opened the public hearing at 7:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Patrick Sheldon petitioned for revisions to Pittsylvania County Code ("PCC"), Chapter 35, Division 2, Parking Space Requirements for all Districts; PCC Sec. 35- 82.4. Businesses, related to parking requirements for warehouse and storage facilities. Patrick Sheldon was present to represent the petition. There was no opposition to the text amendment. Mr. Haymore closed the public hearing at 7:21 p.m. A motion was made by Mr. Dudley , seconded by Mrs. Mease to revise the text amendment. Motion passed by a 8 (eight) to 0 (zero) vote. 6.1 Packet Pg. 6 RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley OLD BUSINESS There was no old business. NEW BUSINESS There will be 4 (four) cases next month, 3 (three) Rezoning, and 1 (one) Special Use Permit. ADJOURNMENT The meeting was adjourned at 7:24 p.m. 6.1 Packet Pg. 7 June 1, 2021 Regular Meeting Pittsylvania County Planning Commission Regular Meeting June 1, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Planning Commission was held on June 1, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman - Westover District H.F. Haymore, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived H.F. Haymore Chairman - Westover District Present 6:45 PM Nathan Harker Vice Chairman - Staunton River District Present 6:40 PM Colette Henderson Member - Banister District Present 6:46 PM Janet Mease Member - Callands-Gretna District Present 6:41 PM Brian K. Horne Member - Dan River District Present 6:43 PM Morris Stowe Member - Tunstall District Present 6:45 PM Richard Waters Member - Chatham-Blairs District Present 6:46 PM Timothy W. Dudley Board of Supervisors Rep Present 6:47 PM PLEDGE OF ALLEGIENCE The Board recited the Pledge of Allegiance. HEARING OF CITIZENS No citizens came forward to speak. APPROVAL OF AGENDA A motion was made by Mr. Stowe, seconded by Mrs. Mease, and by a 8 (eight) to 0 (zero) vote the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Morris Stowe, Member - Tunstall District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley APPROVAL OF MINUTES 1. Planning Commission Minutes May 4, 2021 A motion was made by Mr. Dudley, seconded by Mr. Stowe, and by a 8 (eight) to 0 (zero) vote, the May 4, 2021 minutes were approved as presented. 6.1.a Packet Pg. 8 Attachment: pc 06012021 (2618 : PC Minutes 06-01-2021) RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case R-21-016 Stella and Joanna Hunt; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Harker) Mr. Haymore opened the public hearing at 7:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Stella and Joanna Hunt have petitioned to rezone 1.92 acres, generally located on State Road 688/Level Run Road, in the Staunton-River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for property to be subdivided in preparation for the construction of a single-family dwelling). Stella and Joanna Hunt were present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:04 p.m. A motion was made by Mr. Harker , seconded by Mr. Horne to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Brian K. Horne, Member - Dan River District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 2. Public Hearing: Case R-21-017 Garland and Kathryn Bennett; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Mease) Mr. Haymore opened the public hearing at 7:07 p.m. Mrs. Ragsdale, Director of Community Development, reported that Garland Bennett has petitioned to rezone 28.01 acres, generally located on State Road 935/Farmers Mountain Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for agricultural uses). Garland Bennett was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:09 p.m. A motion was made by Mrs. Mease , seconded by Mr. Dudley, to recommend the Board of Supervisors grant the rezoning request. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Janet Mease, Member - Callands-Gretna District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 3. Public Hearing: Case S-21-005 Green Genie, LLC; Special Use Permit for a Campground and a Recreational Use(ATV Trails). (Henderson) 6.1.a Packet Pg. 9 Attachment: pc 06012021 (2618 : PC Minutes 06-01-2021) Mr. Haymore opened the public hearing at 7:09 p.m. Mrs. Ragsdale, Director of Community Development, reported that Green Genie, LLC, petitioned for a Special Use Permit on one parcel of land, a total of 334.87 acres, located on State Road 686/Elkhorn Road, in the Banister Election District (to expand the current campground and operate ATV Trails on the subject property). Charles Chamberlain was present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:13 p.m. A motion was made by Ms. Henderson , seconded by Mrs. Mease to grant the Special Use Permit. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Colette Henderson, Member - Banister District SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 4. Public Hearing: Case S-21-006 Kenneth and Ann Pierce; Special Use Permit for a Double- Wide Mobile Home. (Harker) Mr. Haymore opened the public hearing at 7:16 p.m. Mrs. Ragsdale, Director of Community Development, reported that Kenneth and Ann Pierce, petitioned for a Special Use Permit on one parcel of land, a total of 1.29 acres, located on State Road 633/Easome Road, in the Staunton- River Election District (to allow for placement of a double-wide home to be used as their personal residence). Kenneth and Ann Pierce were present to represent the petition. There was no opposition to the petition. Mr. Haymore closed the public hearing at 7:18 p.m. A motion was made by Mr. Harker , seconded by Mr. Dudley to grant the Special Use Permit. Motion passed by a 8 (eight) to 0 (zero) vote. RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Harker, Vice Chairman - Staunton River District SECONDER: Timothy W. Dudley, Board of Supervisors Rep AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley 5. Public Hearing: Case CA-21-001 Patrick Sheldon; Revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 2, Parking Space Requirements for All Districts; PCC Sec. 35-82.4. Businesses, related to parking requirements for warehouse and storage facilities. Mr. Haymore opened the public hearing at 7:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Patrick Sheldon petitioned for revisions to Pittsylvania County Code ("PCC"), Chapter 35, Division 2, Parking Space Requirements for all Districts; PCC Sec. 35-82.4. Businesses, related to parking requirements for warehouse and storage facilities. Patrick Sheldon was present to represent the petition. There was no opposition to the text amendment. Mr. Haymore closed the public hearing at 7:21 p.m. A motion was made by Mr. Dudley , seconded by Mrs. Mease to revise the text amendment. Motion passed by a 8 (eight) to 0 (zero) vote. 6.1.a Packet Pg. 10 Attachment: pc 06012021 (2618 : PC Minutes 06-01-2021) RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Board of Supervisors Rep SECONDER: Janet Mease, Member - Callands-Gretna District AYES: Haymore, Harker, Henderson, Mease, Horne, Stowe, Waters, Dudley OLD BUSINESS There was no old business. NEW BUSINESS There will be 4 (four) cases next month, 3 (three) Rezoning, and 1 (one) Special Use Permit. ADJOURNMENT The meeting was adjourned at 7:24 p.m. 6.1.a Packet Pg. 11 Attachment: pc 06012021 (2618 : PC Minutes 06-01-2021) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-018 Olde Dominion Agricultural Foundation, Inc District: Banister Election District Zoning Request: M-1 to A-1 Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Olde Dominion Agricultural Foundation, Inc., to rezone property located off U S Hwy 29, in the Banister Election District and shown on the Tax Maps as GPIN # 2417-85-5085. The applicant is requesting to rezone 2.39 acres, from M-1, Industrial District, Light Industry to A-1, Agricultural District, to combine with an adjacent parcel of land zoned A-1. BACKGROUND/DISCUSSION Olde Dominion Agricultural Foundation, Inc. is requesting to rezone 2.39 acres from M-1, Industrial District, Light Industry, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with part of an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Olde Dominion Agricultural Foundation, Inc. has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Mixed Commercial/Industrial. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District; M-2, Industrial District, Heavy Industry; B-2 Business District, General and R-1, Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN A proposed plat is included in the packet. 9.1 Packet Pg. 12 RECOMMENDATION Staff recommends APPROVAL of Case R-21-018, submitted by Olde Dominion Agricultural Foundation, Inc., requesting to rezone 2.39 acres located off US Highway 29, in the Banister Election District and shown on the Tax Maps as GPIN # 2417-85-5085. The subject property is adjacent to properties currently zoned A-1, Agricultural District. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-018 as submitted. 2. Recommend denial of Case R-21-018 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners H. Plat 9.1 Packet Pg. 13 9.1.a Packet Pg. 14 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 15 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 16 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 17 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 18 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 19 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.a Packet Pg. 20 Attachment: R-21-018 ODAC App (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.b Packet Pg. 21 Attachment: Case R-21-018 ODAC Map (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) 9.1.b Packet Pg. 22 Attachment: Case R-21-018 ODAC Map (2613 : Public Hearing: Case R-21-018 Olde Dominion Agricultural Foundation, Inc) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-019 Wesley Lee Francis District: Banister Election District Zoning Request: R-1 to A-1 Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Wesley Lee Francis, to rezone property located on Brownsville Heights Lane, in the Banister Election District and shown on the Tax Map as part of GPIN# 2465-52-1141. The applicant is requesting to rezone a total of 3.79 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to combine with an adjacent parcel of land zoned A-1. BACKGROUND/DISCUSSION Wesley Lee Francis is requesting to rezone a total of 3.79 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Wesley Lee Francis has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. SITE DEVELOPMENT PLAN A plat is included in the packet. 9.2 Packet Pg. 23 RECOMMENDATION Staff recommends APPROVAL of Case R-21-019, submitted by Wesley Lee Francis, requesting to rezone a total of 3.79 acres located off Brownsville Heights Lane, in the Banister Election District and shown on the Tax Map as GPIN# 2465-52-1141, to allow property to be combined with adjacent parcels zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-019 as submitted. 2. Recommend denial of Case R-21-019 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Purchase Agreement E. Executive Summary F. Petition G. Sign Affidavit H. Adjacent Parcel Owners I. Plat 9.2 Packet Pg. 24 9.2.a Packet Pg. 25 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 26 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 27 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 28 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 29 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 30 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 31 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 32 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 33 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 34 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.a Packet Pg. 35 Attachment: Case R-21-019 Francis App (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.b Packet Pg. 36 Attachment: Case R-021-019 Francis Map (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) 9.2.c Packet Pg. 37 Attachment: Case R-21-019 Francis Plat (2614 : Public Hearing: Case R-21-019 Wesley Lee Francis) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-020 Terry Parsons District: Callands-Gretna Election District Zoning Request: R-1 to A-1 Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Terry Parsons, to rezone property located on State Road 719/Ray Mill Road, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN #’s 2540-44-8740 and 2540-63-0961. The applicant is requesting to rezone 17.20 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to use for agricultural purposes. BACKGROUND/DISCUSSION Terry Parsons is requesting to rezone 17.20 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The applicant is requesting to use the property for agricultural uses in the future. Under the current zoning classification, this type of use would only be allowed as an incidental use. Section 35-51 of the Pittsylvania County Zoning Ordinance states that “incidental agricultural is permitted in any district that allows residential uses provided that such agricultural use shall not occupy over five (5) acres.” In order for the property to be used for agricultural uses with the current R-1 zoning classification, the property must be occupied by a dwelling and the agriculture use would have to remain under five (5) acres. One of the subject properties is currently vacant and the other is occupied by a single-family dwelling. Both properties are adjacent to properties zoned A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN 9.3 Packet Pg. 38 N/A RECOMMENDATION Staff recommends APPROVAL of Case R-21-020, submitted by Terry Parsons, requesting to rezone 17.20 acres located on State Road 719/Ray Mill Road, in the Callands-Gretna Election District and shown on the Tax Maps as GPIN #’s 2540-44-8740 and 2540-63-0961. The subject properties are adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-020 as submitted. 2. Recommend denial of Case R-21-020 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.3 Packet Pg. 39 9.3.a Packet Pg. 40 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 41 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 42 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 43 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 44 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 45 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 46 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 47 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 48 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.a Packet Pg. 49 Attachment: Case R-021-020 Parsons App (2615 : Public Hearing: Case R-21-020 Terry Parsons) 9.3.b Packet Pg. 50 Attachment: Case R-021-020 Parsons Map (2615 : Public Hearing: Case R-21-020 Terry Parsons) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-021 Garnette Short District: Staunton River Election District Zoning Request: R-1 to A-1 Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Garnette Short, to rezone property located off Gallows Road, in the Staunton River Election District and shown on the Tax Maps as GPIN #s 2525-98-1095 and 2525-88-7016. The applicant is requesting to rezone a total of 7.0 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District for agricultural purposes. BACKGROUND/DISCUSSION Garnette Short is requesting to rezone a total of 7.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. Additionally, the applicant is proposing to use the property for a forestry operation if rezoned. The applicant owns the 39.55-acre tract to the north and the 46-acre tract to the south, both of which are currently zoned A-1. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District zoned properties. SITE DEVELOPMENT PLAN N/A RECOMMENDATION 9.4 Packet Pg. 51 Staff recommends APPROVAL of Case R-21-021, submitted by Garnette Short, requesting to rezone a total of 7.0 acres located off Gallows Road, in the Staunton River Election District and shown on the Tax Map as GPIN#’s 2525-98-1095 and 2525-88-7016, to allow the properties to be consolidated with adjacent parcels zoned A-1 and to allow for agricultural uses. The subject properties are adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-021 as submitted. 2. Recommend denial of Case R-21-021 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Purchase Agreement E. Executive Summary F. Petition G. Sign Affidavit H. Adjacent Parcel Owners 9.4 Packet Pg. 52 9.4.a Packet Pg. 53 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 54 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 55 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 56 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 57 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 58 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 59 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.a Packet Pg. 60 Attachment: Case R-21-021 Short App (2616 : Public Hearing: Case R-21-021 Garnette Short) 9.4.b Packet Pg. 61 Attachment: Case R-21-021 Short Map (2616 : Public Hearing: Case R-21-021 Garnette Short) Planning Commission STAFF SUMMARY Case: Public Hearing: Case R- 21-023 Mildred Lumpkin District: Callands-Gretna Election District Zoning Request: MHP to A-1 Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Mildred Lumpkin, to rezone property located on State Road 626/Smith Mountain Road, in the Callands-Gretna Election District and shown on the Tax Maps as part of GPIN # 1563-51-3172. The applicant is requesting to rezone 1.803 acres, from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District to combine with the property zoned A-1. BACKGROUND/DISCUSSION Mildred Lumpkin is requesting to rezone 1.803 acres from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District, so that property lines may be adjusted. If rezoned, the property will be consolidated with part of an adjacent parcel currently zoned A-1, Agricultural District. All properties must share the same zoning classification to be consolidated, requiring the subject property to be rezoned prior to consolidation. A plat titled Mildred J. Lumpkin has been submitted with the application to identify the area where zoning changes are necessary and to present the proposed property line adjustments. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN A proposed plat is included in the packet. RECOMMENDATION 9.5 Packet Pg. 62 Staff recommends APPROVAL of Case R-21-023, submitted by Mildred Lumpkins, requesting to rezone 1.803 acres located on State Road 626/Smith Mountain Road, in the Callands-Gretna Election District and shown on the Tax Maps as part of GPIN # 1563-51-3172. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. PLANNING COMMISSION OPTIONS: 1. Recommend approval of Case R-21-023 as submitted. 2. Recommend denial of Case R-21-023 as submitted. ATTACHMENTS: A. Application B. Maps C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners G. Plat 9.5 Packet Pg. 63 9.5.a Packet Pg. 64 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 65 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 66 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 67 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 68 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 69 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 70 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 71 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 72 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.a Packet Pg. 73 Attachment: R-21-023 Lumpkin App (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.b Packet Pg. 74 Attachment: R-21-023 Lumpkin Map (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) 9.5.b Packet Pg. 75 Attachment: R-21-023 Lumpkin Map (2617 : Public Hearing: Case R-21-023 Mildred Lumpkin) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 21-007 Rodney and Patricia Barker District: Westover District Election District Zoning Request: SUP Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Rodney and Patricia Barker, for a Special Use Permit for a kennel for boarding and grooming dogs. The property 4.75 acres, located on U S Hwy 29, in the Westover Election District and shown on the Tap Map as GPIN # 2329-47-5866. BACKGROUND/DISCUSSION The applicants are proposing to operate a dog grooming and boarding business on the subject property. Due to the applicant’s request to board dogs, a Special Use Permit to operate a kennel is required in accordance with Pittsylvania County Code § 35-366. The applicant is currently operating a grooming business as a Class A Home Occupation at her primary residence, which is adjacent to the subject property. She would like to add boarding to the services she offers. The applicant is proposing to use the subject property for boarding. A new structure will be added to the property if the Special Use Permit is approved to accommodate indoor boarding. The applicant is proposing an outdoor play area and a fenced “run”. The applicant has stated that the outdoor area will be used for short, supervised periods of time only. DIRECTIONS The property is adjacent to 2085 Woodlake Drive, Danville, VA. SURROUNDING LAND USE AND ZONING DISTRICTS Mostly surrounded by R-1, Residential Suburban Subdivision District, and B-2, Business District, General zoned properties. SITE DEVELOPMENT PLAN A site plan will be required before any development can take place on the property. RECOMMENDATION Staff recommends APPROVAL of Case S-21-007 with the following conditions: 9.6 Packet Pg. 76 1. The time pets are allowed outside shall be limited to between 8:00 a.m. and 6:00 p.m. 2. Any structures will meet any applicable setbacks and requirements of the Uniform Statewide Building Code. 3. The applicant shall install screening along any residential property lines in accordance with PCC § 35-121. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-007 as submitted. 2. Recommend approval of Case S-21-007 subject to conditions by staff. 3. Recommend approval of Case S-21-007 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-007 as submitted. ATTACHMENTS: A. Application B. Letter of Intent C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners 9.6 Packet Pg. 77 9.6.a Packet Pg. 78 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 79 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 80 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 81 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 82 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 83 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 84 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.a Packet Pg. 85 Attachment: S-21-007 Barker App (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) 9.6.b Packet Pg. 86 Attachment: S-21-007 Barker Map (2619 : Public Hearing: Case S-21-007 Rodney and Patricia Barker) Planning Commission STAFF SUMMARY Case: Public Hearing: Case S- 21-008 Danville Gentry Farm, LLC District: Dan River Election District Zoning Request: SUP Agenda Date: July 06, 2021 Meeting History: SUBJECT Requested by Danville Gentry Farm, LLC, for a Special Use Permit for recreational uses, event venue. The property is 14.70 acres, located on State Road 734/Clarks Mill Road in the Dan River Election District and shown on the Tap Map as GPIN # 2346-89-0267. BACKGROUND/DISCUSSION Gentry Farms, LLC is requesting a Special Use Permit to operate an Event Venue on the subject property. The building was originally constructed as a stable sometime between 2007 and 2011. The property was then converted to an event venue without the proper building permits and zoning approval. On February 3, 2021, a letter notifying the property owner that an event venue was a violation of the Pittsylvania County Zoning Ordinance and the Uniform Statewide Building Code was sent. County staff met the property owners to inspect the property on February 24, 2021. The Pittsylvania County Code Official submitted a list of items that would need to be addressed to bring the property up to the current Building Code requirements for an assembly use. The property was rezoned from R-1 to A-1 in May 2021 (Case R-021-012) to allow the agricultural use to continue and this application for a Special Use Permit to be submitted. If granted, the property will be fully in compliance with the Zoning Ordinance. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING AND CURRENT USE OF SURROUNDING PROPERTIES Adjacent to A-1, Agricultural District and R-1, Residential Suburban Subdivision District zoned properties. SITE DEVELOPMENT PLAN N/A 9.7 Packet Pg. 87 RECOMMENDATION Staff recommends APPROVAL of Case S-21-008 with the following conditions: 1. Any outdoor events or outdoor music must end by 10:00 p.m. Monday-Thursday and by midnight (12:00 a.m.) Friday-Sunday. 2. All violations of the Uniform Statewide Building Code must be addressed. 3. Must remain in compliance with the Pittsylvania County Noise Ordinance. 4. Must remain in compliance with all applicable Virginia Department of Health regulations. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-008 as submitted. 2. Recommend approval of Case S-21-008 subject to conditions by staff. 3. Recommend approval of Case S-21-008 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-008 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 9.7 Packet Pg. 88 9.7.a Packet Pg. 89 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 90 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 91 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 92 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 93 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 94 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.a Packet Pg. 95 Attachment: S-21-008 Gentry App (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) 9.7.b Packet Pg. 96 Attachment: S-21-008 Gentry Map (2620 : Public Hearing: Case S-21-008 Danville Gentry Farm, LLC) Planning Commission STAFF SUMMARY Case: Public Hearing: Case V- 21-002 Jessica O'Neal District: Callands-Gretna Election District Zoning Request: Variance Agenda Date: July 06, 2021 Meeting History: BACKGROUND: Jessica O’Neal petitioned the Board of Zoning Appeals on May 27, 2021, requesting a Variance to Section 35-369. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks, and (C.) Rear Setback, of the Pittsylvania County Zoning Ordinance, on 0.32 acres, shown on the records as GPIN # 2531-38-1629, located on US Highway 29, in the Callands-Gretna Election District. DISCUSSION: The subject property is currently zoned R-1, Residential Suburban Subdivision District and is occupied by two (2) single-family dwellings that the applicant is requesting to remodel. On March 12, 2021, the applicant entered into a lease agreement with the option to purchase. The applicant met with the Pittsylvania County Code Official to determine what upgrades would be needed for the structures to be habitable. Currently, there is no rear deck or stoop to allow egress from rear of the structures and the stoop allowing ingress to the front will be required to be replaced. A minimum of a 3’ x 3’ landing is required by the Uniform Statewide Building Code outside of all doors used for ingress and egress. The current structures are approximately ten (10) feet from the rear property line and twenty-eight (28) feet from the front property line. The Pittsylvania County Code § 35-369 requires a minimum of thirty-five (35) feet, including porches or any, accessory buildings from the edge of the right-of-way, and (C.) Rear Setback, thirty (30) feet, including porches or any accessory buildings, from the structure to the rear property line. In order to meet the USBC, a 3’ x 3’ rear porch will need to be constructed into the required rear setback, requiring a variance of twenty-three (23) feet. Additionally, the 4’ x 4’ stoop on the front of each structure will need to be replaced, requiring a variance of seven (7) feet from the required front yard setback. CRITERA ANALYSIS Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable 11.1 Packet Pg. 97 modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, 1. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; The property was acquired in good faith. The hardship claimed by the applicant is due to the size and shape of the property. The property is long and narrow. The houses on the property were constructed prior to the adoption of the Zoning Ordinance in 1991. At some point, the rear porch was removed and the current stoops on the front must be replaced due to significant deterioration. In order to comply with the USBC, a deck or stoop is required on the rear and the one on the front must be replaced. The applicant is only requesting to construct what is required by the USBC. Therefore, this application does meet this criterion. 2. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; The property has historically been residential. Allowing the variance will enable the structures to be rehabilitated, reducing the negative impact that dilapidated structures could have on the surrounding properties. Therefore, this application does meet this criterion. 3. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; Generally, properties that share this zoning classification can meet the required setbacks. This property cannot due to the narrowness of the lot. If this variance is not granted, the structure will not be able to be rehabilitated. Additionally, the lot does not meet the minimum size requirements for the R-1 zoning classification. If the structures were to be removed, the property would be considered a nonbuildable lot and they could not be replaced. Therefore, this application does meet this criterion. 4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; The granting of a variance does not change the zoning classification or allow for a use that is not otherwise permitted. Therefore, this application does meet this criterion. 5. The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application. The special exception process does not apply to this situation. An amendment to the Zoning Ordinance is not needed for this situation as the need for this variance is due to the narrowness of the subject property. Therefore, this application does meet this criterion. 11.1 Packet Pg. 98 This variance request meets five (5) of the five (5) criteria needed to grant a variance. ATTACHMENTS A. Application B. Map C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners 11.1 Packet Pg. 99 11.1.a Packet Pg. 100 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 101 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 102 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 103 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 104 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 105 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 106 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 107 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 108 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 109 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 110 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 111 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 112 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.a Packet Pg. 113 Attachment: V-21-002 ONeal App (2623 : Public Hearing: Case V-21-002 Jessica O'Neal) 11.1.b Packet Pg. 114 Attachment: V-21-002 ONeal Map (2623 : Public Hearing: Case V-21-002 Jessica O'Neal)