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BZA Minutes 09 12 2022September 12, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting September 12, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on September 12, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 6:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 5:26 PM Ronald E. Merricks Vice-Chairman Present 5:29 PM Ryland Brumfield Board Member Present 5:27 PM Joseph A. Craddock Board Member Present 5:28 PM Ann Deering Board Member Present 5:29 PM Hershel Stone Board Member Present 5:28 PM Carroll Yeaman Board Member Absent APPROVAL OF AGENDA Upon motion of Mr. Craddock, seconded by Mr. Stone, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman APPROVAL OF MINUTES 1. BZA Minutes 08 08 2022 Upon motion of Mr. Merricks, seconded by Mrs. Deering, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale stated there will be two Special Use Permit cases next month. Mr. Easley states that some members may need to abstain from voting next month due to being adjacent landowners regarding the Hopewell Solar Project Special Use Permit case. CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case S-22-011 New Testament Baptist Church; Special Use Permit for a School The zoning precepts were read by Mr. Easley to open the public hearing at 6:04 p.m. Mrs. Ragsdale, Director of Community Development, reported that New Testament Baptist Ch urch petitioned for a Special Use Permit for an after-school program and future preschool on 6.75 acres, located on State Road 740/Iris Road in the Westover Election District. Jonathan White represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:06 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, New Testament Baptist Church has petitioned the Board of Zoning Appeals for a Special Use Permit for an after- school program and a future preschool. A motion was made by Mr. Merricks, seconded by Mr. Stone, that the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 2. Public Hearing: Case S-22-013 Larry Oakes; Special Use Permit for the Sales, Service, and Repair of Automobiles Mr. Easley opened the public hearing at 6:08 p.m. Mrs. Ragsdale, Director of Community Development, reported that Larry Oakes petitioned for a Special Use Permit for the sales, service & repair of automobiles on 158.67 acres, located on State Road 968/Sandy Creek Church Road in the Dan River Election District. Larry Oakes represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:09 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Larry Oakes has petitioned the Board of Zoning Appeals for a Special Use Permit for the sales, service & repair of automobiles. A motion was made by Mr. Craddock, seconded by Mr. Brumfield, that the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Ryland Brumfield, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman 3. Public Hearing: Case S-22-018 Darryl and Debra Burd; Special Use Permit for a Public Garage Mr. Easley opened the public hearing at 6:11 p.m. Mrs. Ragsdale, Director of Community Development, reported that Darryl & Debra Burd petitioned for a Special Use Permit for a public garage on 0.66 acres, located on Highway 58/Martinsville Hwy in the Tunstall Election District. Debra Burd represented the petition. There was no opposition to the petition. Mr. Merricks asked when they would move the mobile home on the property and Mrs. Burd stated it would be moved in 3-5 years as they are currently residing in it. Mrs. Burd stated that they have applied for a grant, and it will only be approved if they are granted the Special Use Permit and they are currently operating a garage there. Mr. Easley closed the public hearing at 6:24 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Darryl & Debra Burd has petitioned the Board of Zoning Appeals for a Special Use Permit for a public garage. A motion was made by Mr. Brumfield, seconded by Mr. Craddock, that the Board of Zoning Appeals grant the Special Use Permit with the following conditions: 1. Repair activities shall be contained within an enclosed structure. 2. Inoperable vehicles shall comply with Chapter 9 of the Pittsylvania County Code and must be stored in an area screened in accordance with PCC § 35-121. 3. Parts and supplies used for the repair of vehicles shall be contained within a screened enclosure or structure. 4. Hours of operation shall be 6:00 a.m. - 6:00 p.m. Monday - Saturday. RESULT: APPROVED [5 TO 1] MOVER: Ryland Brumfield, Board Member SECONDER: Joseph A. Craddock, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering NAYS: Stone ABSENT: Yeaman 4. Public Hearing: Case S-22-019 Elkhorn Lake ATV Trails, LLC; Special Use Permit for a Recreational Use (ATV Trails) Mr. Easley opened the public hearing at 6:44 p.m. Mrs. Ragsdale, Director of Community Development, reported that Elkhorn Lake ATV Trails, LLC, petitioned for a Special Use Permit for recreational use, ATV trails on 149.1 acres, located on State Road 729/Red Road in the Banister Election District. Todd Chamberlain represented the petition. There was opposition to the petition. A letter was read from concerned citizens of the campground. Mr. Chamberlain stated they are following the forestry management plan. He stated that timber is being harvested but will be replanted. He stated they would like to be in operation in the next month or so. Mr. Easley closed the public hearing at 6:52 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Elkhorn Lake ATV Trails, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for recreational use, ATV trails. A motion was made by Mr. Merricks, seconded by Mr. Stone, that the Board of Zoning Appeals grant the Special Use Permit with the following conditions submitted by staff: 1. Days of operation shall be limited to Thursday-Sunday. 2. Hours of operation shall be limited to 10:00 a.m. to 8:00 p.m. Thursday through Saturday and 1:00 p.m. to 8:00 p.m. on Sunday. 3. No alcohol permitted on premises. 4. Must maintain a 100-foot vegetative buffer along all exterior property lines. This does not apply to interior property lines within the total project area. 5. Must maintain a natural buffer along all waterways. 6. Must remain in compliance with all applicable Erosion and Sediment Control and Stormwater regulations. 7. Must remain in compliance with all applicable Health Department regulations. 8. Night rides are permitted once per calendar year until 2:00 a.m. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone ABSENT: Yeaman ADJOURNMENT The meeting was adjourned at 7:00 p.m.