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BZA Packet 07 11 2022 BOARD OF ZONING APPEALS REGULAR MEETING Monday, July 11, 2022 – 6:00 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. BZA Minutes 06 13 2022 VII. OLD BUSINESS VIII. NEW BUSINESS 1. Case A-22-001 Joseph Humphrey; Appeal of the administration or enforcement of the conditions placed on Special Use Permit S-15-010 IX. CHAIRMAN'S REPORT 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 Regular Meeting - July 11, 2022 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-22-009 Mark Blanchet; Special Use Permit for a Campground 2. Case S-22-010 Debra Goodwin; Special Use Permit for the Placement of a Double - wide Mobile Home 3. Public Hearing: Case S-22-012 Donna Clay; Special Use Permit for a Public Garage XI. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: BZA Minutes 06 13 2022 District: Zoning Request: Agenda Date: July 11, 2022 Meeting History: 6.1 Packet Pg. 3 June 13, 2022 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting June 13, 2022 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on June 13, 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 5:43 PM Ronald E. Merricks Vice-Chairman Present 5:42 PM Ryland Brumfield Board Member Present 5:46 PM Joseph A. Craddock Board Member Present 5:43 PM Ann Deering Board Member Present 5:41 PM Hershel Stone Board Member Present 5:44 PM Carroll Yeaman Board Member Present 5:45 PM APPROVAL OF AGENDA Upon motion of Mr. Yeaman, seconded by Mr. Stone, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman APPROVAL OF MINUTES 1. BZA Minutes 05_09_2022 Upon motion of Mr. Merricks, seconded by Mr. Stone, and by a unanimous vote, the minutes were approved as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Ragsdale stated there would be six Special Use Permits for the month of July. CHAIRMAN'S REPORT 6.1.a Packet Pg. 4 Attachment: BZA Minutes 06_13_2022 (3255 : BZA Minutes 06 13 2022) There was no Chairman's Report. PUBLIC HEARING 1. Case S-22-005 Louise Morrison; Special Use Permit for a Doublewide Mobile Home The zoning precepts were read by Mr. Easley to open the public hearing at 6:03 p.m. Mrs. Ragsdale, Director of Community Development, reported that Louise Morrison petitioned for a Special Use Permit for a Double-Wide Mobile home on 1.0 acre, located on State Road 685/Telegraph Road in the Banister Election District. Jalisha Murphy, Ms. Morrison’s daughter, represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:05 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Louise Morrison has petitioned the Board of Zoning Appeals for a Special Use Permit for a Double-Wide mobile home. A motion was made by Mr. Craddock, seconded by Mrs. Deering, that the Board of Zoning Appeals grant the Special Use Permit. RESULT: APPROVED [UNANIMOUS] MOVER: Joseph A. Craddock, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 2. Case S-22-007 Sally Norcutt; Special Use Permit for a Singlewide Mobile Home Mr. Easley opened the public hearing at 6:05 p.m. Mrs. Ragsdale, Director of Community Development, reported that Sally Norcutt petitioned for a Special Use Permit for a Single-Wide Mobile home on 3.28 acres, located on State Road 691/Motley Road in the Banister Election District. Sally Norcutt represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:08 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Sally Norcutt has petitioned the Board of Zoning Appeals for a Special Use Permit for a Single-Wide mobile home. 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, Yeaman 3. Case S-22-008 Green Genie LLC; Special Use Permit for a Recreational Use (ATV Trails) Mr. Easley opened the public hearing at 6:09 p.m. Mrs. Ragsdale, Director of Community Development, reported that Green Genie, LLC, petitioned for a Special Use Permit for Recreational Use (ATV Trails) on 322.85 acres, located on State Road 686/Elkhorn Road in the Banister Election District. William Chamberlain from Green Genie, LLC, represented the petition. There was no opposition to the petition. Mr. Easley asked if the current trails were in operation. Mr. Chamberlain stated they were closed at the moment but were in operation two years ago. Me stated they wanted to extend the trails to reopen and are getting into compliance to do so. Mr. Chamberlain states that people travel from all over the United States to ride ATVs on trails. He stated that Green Genie, LLC, has been working with other local ATV trails so they can be of assistance to each other. Mr. Easley closed the public hearing at 6:16 p.m. The Board discussed 6.1.a Packet Pg. 5 Attachment: BZA Minutes 06_13_2022 (3255 : BZA Minutes 06 13 2022) the petition as the Committee of the Whole. Whereas, Green Genie, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for Recreational Use (ATV Trails). A motion was made by Mr. Yeaman, seconded by Mr. Stone, that the Board of Zoning Appeals grant the Special Use Permit, with conditions recommended by staff. RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman 4. Public Hearing: Case V-22-001 Tynesha Breedlove; Requesting a Variance to Section 35- 226. MINIMUM YARD DIMENSIONS. (A.) Front Setbacks. Mr. Easley opened the public hearing at 6:20 p.m. Mrs. Ragsdale, Director of Community Development, reported that Tynesha Breedlove petitioned for a Variance from the required front- yard setback, located on State Road 1555/Fox Trail Road in the Westover Election District. Mrs. Ragsdale represented the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 6:25 p.m. The Board discussed the petition as the Committee of the Whole. Whereas, Tynesha Breedlove has petitioned the Board of Zoning Appeals for a Variance from the required front-yard setback. A motion was made by Mr. Stone, seconded by Mr. Craddock, that the Board of Zoning Appeals grant the Variance. RESULT: APPROVED [UNANIMOUS] MOVER: Hershel Stone, Board Member SECONDER: Joseph A. Craddock, Board Member AYES: Easley, Merricks, Brumfield, Craddock, Deering, Stone, Yeaman ADJOURNMENT The meeting was adjourned at 6:28 p.m. 6.1.a Packet Pg. 6 Attachment: BZA Minutes 06_13_2022 (3255 : BZA Minutes 06 13 2022) Board of Zoning Appeals STAFF SUMMARY Case: Case A-22-001 Joseph Humphrey District: Staunton River Election District Zoning Request: Appeal Agenda Date: July 11, 2022 Meeting History: SUBJECT The applicant, Joseph Humphrey, is appealing a decision or determination made by the Pittsylvania County Zoning Administrator on October 21, 2021 regarding the administration or enforcement of the conditions placed on Special Use Permit S-15-010 issued to Shady Cove Cabins. The Board of Zoning Appeals will determine whether or not such decisions or determinations were in accordance with the conditions BACKGROUND/DISCUSSION On July 14, 2015, the Pittsylvania County Board of Zoning Appeals granted a Special Use Permit for a private recreational facility with rental cabins. The following conditions were attached to SUP S-15-010: 1. 100-foot natural boundary against adjacent property be maintained. 2. Pet leash regulations be posted at each cabin. 3. Fire rings and hazard monitoring with fire band when appropriate. In 2017, an Erosion and Sediment Control Plan to install a road along the western portion of the property was approved by staff and a land disturbance permit was issued. I was contacted by the applicant in 2020 regarding the road being installed. Mr. Humphrey stated that the road was in violation of the conditions attached to the SUP, as well as a porta john that was placed during construction. Staff conducted a site visit and determined that the road was indeed in violation, as it was providing public access to the lake as part of the private recreational use. Staff made multiple attempts to discuss this issue, as well as zoning violation regarding the use of a camper as a dwelling on the property, with the Shady Cove Cabin owners, but ultimately began working on a solution with the engineer who originally submitted the Erosion and Sediment Control Plan for the road. In 2021, little progress had been made to address the issue. Mr. and Mrs. Shady attempted to pull a permit to construct an additional rental cabin on the property on June 8, 2021. Staff informed the Shadys that all construction would be halted until the SUP violation and the Zoning violations on the property were addressed. Mr. and Mrs. Shady stated that they would build a personal cabin instead of an additional rental cabin to eliminate the use of a camper as a dwelling 8.1 Packet Pg. 7 but questioned why the road was approved if it was in violation of the SUP conditions and asked if there was any way for it to remain. The Zoning Administrator determined that if the road was used solely as a private driveway, which is not regulated by the Pittsylvania County Zoning Ordinance, the road could remain; however, if the public used the road for any reason, it would be in violation of the SUP conditions and the SUP could be revoked. They agreed to obtain a permit for their personal cabin and use the road as their private driveway. On October 21, 2021, the Shadys were sent a violation letter due to their failure to obtain a permit for their personal dwelling and were given thirty (30) days to do so. They were also notified in writing that the road could only remain if it was used a private driveway. The Shadys did obtain a permit for their personal dwelling, and it is currently under construction. Mr. Humphrey is appealing the Zoning Administrator’s decision to allow the road to remain as a private driveway. ATTACHMENTS: A. Application B. Final Order for SUP S-15-010 C. Erosion and Sediment Control Plan Approved D. Letter from Previous Zoning Administrator E. Letter from Current Zoning Admin 8.1 Packet Pg. 8 8.1.a Packet Pg. 9 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 10 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 11 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 12 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 13 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 14 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 15 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 16 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 17 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 18 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) 8.1.a Packet Pg. 19 Attachment: A-22-001 Joseph Humphrey (3254 : Case A-22-001 Joseph Humphrey) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-009 Mark Blanchet District: Tunstall District Election District Zoning Request: SUP Agenda Date: July 11, 2022 Meeting History: SUBJECT Requested by Mark Blanchet, for a Special Use Permit for a campground in accordance with Pittsylvania County Code § 35-179. The property is a total of 19.76 acres, located on State Road 58/Martinsville Highway, in the Tunstall Election District and shown on the Tax Maps as GPIN #s 1339-96-3346, 1339-85-8747, 1339-85-7611, and 1339-95-0733. BACKGROUND/DISCUSSION Mark Blanchet is requesting a Special Use Permit to operate a campground on the subject properties. The properties were previously occupied by a legal nonconforming mobile home park. Community Development was notified that campers were being placed on the property, violating Pittsylvania County Code §35-86 that requires campers to be located within an approved campground. Prior to Staff being able to cite the property owner, Mr. Blanchett contacted the Community Development office as the new property owner, inquiring about expanding the number campsites. Once the violation was brought to his attention, he submitted this application to rezone the property to A-1 in preparation for applying for a Special Use Permit to operate a campground in accordance with PCC § 35-179. The rezoning was approved on April 19, 2022 by the Board of Supervisors. If the Special Use Permit is granted, a permit will still need to be issued by the Virginia Department of Health before the property could be used as a campground. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned RC-1, Residential Combined Subdivision District, A-1, Agricultural District, and R-1, Residential Suburban Subdivision District. SITE DEVELOPMENT PLAN Included in the packet. RECOMMENDATION Staff recommends APPROVAL of Case S-22-009 with the following conditions: 10.1 Packet Pg. 20 1. Any future expansion will require Site Plan approval by the Pittsylvania County Community Development Office to ensure compliance with all applicable Zoning regulations. 2. Must remain in compliance with all applicable Virginia Department of Health regulations. BOARD OF ZONING APPEALS MOTIONS: 1. Recommend approval of Case S-22-009 as submitted. 2. Recommend approval of Case S-22-009 subject to conditions by Staff. 3. Recommend approval of Case S-22-009 subject to conditions by the Board of Zoning Appeals 4. Recommend denial of Case S-22-009 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted with conditions submitted by Staff. 10.1 Packet Pg. 21 10.1.a Packet Pg. 22 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 23 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 24 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 25 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 26 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 27 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.a Packet Pg. 28 Attachment: S-22-009 Mark Blanchet App (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.b Packet Pg. 29 Attachment: S-22-009 Blanchett Site Plan (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.b Packet Pg. 30 Attachment: S-22-009 Blanchett Site Plan (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.b Packet Pg. 31 Attachment: S-22-009 Blanchett Site Plan (3241 : Public Hearing: Case S-22-009 Mark Blanchet) 10.1.c Packet Pg. 32 Attachment: S-22-009 Blanchett Map (3241 : Public Hearing: Case S-22-009 Mark Blanchet) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-010 Debra Goodwin District: Tunstall District Election District Zoning Request: SUP Agenda Date: July 11, 2022 Meeting History: SUBJECT Requested by Debra Goodwin, for a Special Use Permit for the placement of a double-wide mobile home in accordance with Pittsylvania County Code § 35-223. The property is 1.56 acres, located on State Road 718/Dry Fork Road in the Tunstall Election District and shown on the Tap Maps as GPIN # 2413-53-5665. BACKGROUND/DISCUSSION Debra Goodwin is requesting a Special Use Permit to allow for placement of a double-wide mobile home on the subject property to be used as a personal residence. Pittsylvania County Code § 35-223 requires a Special Use Permit for mobile homes under the R-1 zoning classification. The property is currently occupied by a single-family dwelling that is in the process of being demolished. There are other manufactured homes in the general area. If a Special Use Permit is granted, all applicable setback requirements and Building Code regulations would have to be met before the mobile home could be placed on the property. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Agricultural and Rural Residential. ZONING OF SURROUNDING PROPERTIES Surrounded by properties zoned R-1, Residential Suburban Subdivision District. SITE DEVELOPMENT PLAN N/A RECOMMENDATION Staff recommends APPROVAL of Case S-22-010 as submitted. BOARD OF ZONING APPEALS MOTIONS: 1. Recommend approval of Case S-22-010 as submitted. 2. Recommend approval of Case S-22-010 subject to conditions by the Board of Zoning Appeals 3. Recommend denial of Case S-22-010 as submitted. 10.2 Packet Pg. 33 ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted as submitted. 10.2 Packet Pg. 34 10.2.a Packet Pg. 35 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.a Packet Pg. 36 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.a Packet Pg. 37 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.a Packet Pg. 38 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.a Packet Pg. 39 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.a Packet Pg. 40 Attachment: S-22-010 Goodwin App (3242 : Public Hearing: Case S-22-010 Debra Goodwin) 10.2.b Packet Pg. 41 Attachment: S-22-010 Goodwin Map (3242 : Public Hearing: Case S-22-010 Debra Goodwin) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 22-012 Donna Clay District: Dan River Election District Zoning Request: SUP Agenda Date: July 11, 2022 Meeting History: SUBJECT Requested by Donna Clay for a Special Use Permit for a Public Garage. The property 5.5 acres, located on State Road 1246/Evangel Drive, in the Dan River Election District and shown on the Tap Map as GPIN # 2346-54-4290. BACKGROUND/DISCUSSION On April 25, 2022, Community Development staff issued a violation letter to Donna Clay for the number of inoperable vehicles on the property. When Mr. Clay contacted the Community Development Office, he mentioned that he was operating a public garage on the subject property. The subject property is currently zoned R-1, Residential Suburban Subdivision District. Under Pittsylvania County Code § 35-223, a Special Use Permit is required for public garages under the R-1 zoning classification. The applicant stated that the garage was not in operation prior to the adoption of the Zoning Ordinance in 1991 so it is not considered a legal non-conforming use. In order to continue operating, a Special Use Permit for a public garage must be granted. If a Special Use Permit is granted, the storage of inoperable vehicles would be governed by the Pittsylvania County Code- Commercial, Chapter 9. The property is currently occupied by a single-family dwelling and a shop. FUTURE LAND USE DESIGNATION The Comprehensive Plan designates the future land use as Medium to High Density Residential. ZONING OF SURROUNDING PROPERTIES Mostly surrounded by properties zoned R-1, Residential Suburban Subdivision District, and M-2, Industrial District, Heavy Industry. SITE DEVELOPMENT PLAN An existing building will be used for this operation. RECOMMENDATION Staff recommends APPROVAL of Case S-22-012 with the following conditions: 1. Repair activities shall be contained within an enclosed structure. 10.3 Packet Pg. 42 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. BOARD OF ZONING APPEALS MOTIONS: 1. Recommend approval of Case S-22-012 as submitted. 2. Recommend approval of Case S-22-012 subject to conditions by Staff. 3. Recommend approval of Case S-22-012 subject to conditions by the Board of Zoning Appeals. 4. Recommend denial of Case S-22-012 as submitted. ATTACHMENTS: A. Application B. Maps C. Letter of Intent D. Executive Summary E. Petition F. Sign Affidavit G. Adjacent Parcel Owners PLANNING COMMISSION RECOMMENDATION On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted with conditions submitted by staff. 10.3 Packet Pg. 43 10.3.a Packet Pg. 44 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 45 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 46 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 47 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 48 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 49 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.a Packet Pg. 50 Attachment: S-22-012 Clay App (3243 : Public Hearing: Case S-22-012 Donna Clay) 10.3.b Packet Pg. 51 Attachment: S-22-012 Clay Map (3243 : Public Hearing: Case S-22-012 Donna Clay)