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07/13/2010PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING July 13, 2010 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, July 13, 2010, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Mr. Easley called the meeting to order at approximately 6:35 p.m. Mr. Merricks gave the invocation. Mr. Shelton called the roll. PRESENT Kenneth Talbott Arrived at 6:55 p.m. R. Allan Easley Larry Estes Mrs. Helen Glass H. Blair Reynolds Ronald Merricks Carroll Yeaman Odie H. Shelton, Jr. APPROVAL OF THE MINUTES By motion of Mr. Reynolds, seconded by Mr. Estes, and by unanimous vote the Minutes of the June 8, 2010, meeting were approved as presented. Old Business Mr. Shelton updated the Board on a Special Use case that was denied in September, 2009. Mr. Shelton and the Board had a discussion concerning existing communication towers and the addition of antennas to the towers. Following the discussion, the members agreed as follows: If an existing tower is grandfathered and antennas are being added to the tower, an application must be submitted for a Special Use Permit. Mr. Shelton and the Board also discussed changes to the Zoning Ordinance regarding Special Use Permits for emergency services, rescue and medical transport. The Board had concerns regarding this use because many of the petitioners need a Special Use Permit for medical transport only, and they felt a separate section should be added to the Zoning Ordinance for that use only. Upon motion of Mr. Merricks, seconded by Mr. Yeaman, the Board unanimously passed a motion requesting the Board of Supervisors to add a section to the Zoning Ordinance for non-emergency medical transport only, listed under Special Use Permits. New Business Mr. Shelton reported there will be two (2) Special Use Permit cases for the August cycle. Board of Zoning Appeals July 13, 2010 Page 2 CHAIRMAN’S REPORT There was no Chairman’s report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:00 p.m. Case S-1, Climax Community Center, LLC, S-10-007 – Mr. Talbott opened the public hearing at approximately 7:01 p.m. Mr. Shelton, Director of Code Compliance, reported that Climax Community Center, LLC, had petitioned for a Special Use Permit on .77 of an acre, located on State Road 799/Climax Road, in the Callands-Gretna Election District (for a 100 foot monopole for an antenna for high speed internet service). Walter Crider and Greg Cox were present to represent the petition. Mr. Crider stated there was a need for internet service in this area, and that approximately 100 individuals had signed up for this service. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:04 p.m. The Board discussed the petition as the Committee of the Whole and determined that there were no adverse effects and that it would be a wonderful addition to the community. Upon motion of Mr. Easley, seconded by Mrs. Glass, the following motion was adopted: Whereas, Climax Community Center, LLC, has petitioned the Board of Zoning Appeals for a Special Use Permit for a 100 foot monopole for an antenna for high speed internet service and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. Motion passed unanimous. Case S-2, Penny & Michael Manning, S-10-008 – Mr. Talbott opened the public hearing at approximately 7:06 p.m. Mr. Shelton, Director of Code Compliance, reported that Penny and Michael Manning had petitioned for a Special Use Permit on 1.04 acres, located on State Road 615/Taylor Road, in the Tunstall Election District (for emergency services, rescue and medical transport). Michael Manning was present to represent the petition. He stated that he needed the Special Use Permit for paperwork required by the Department of Motor Vehicles (DMV). There was no opposition to the petition. Mr. Stowe closed the public hearing at approximately 7:07 p.m. The Board discussed the petition as the Committee of the Whole and determined that there were no adverse effects and that all vehicles would be parked off the site. Upon motion of Mr. Reynolds, seconded by Mr. Yeaman, the following motion was adopted: Whereas, Penny S. Manning and Michael T. Manning have petitioned the Board of Zoning Appeals for a Special Use Permit for emergency services, rescue and medical transport and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. Motion passed unanimous. This concludes the Special Use Permit cases. Board of Zoning Appeals July 13, 2010 Page 3 Case Z-1, Brenda M. Blair, Z-10-004 – Mr. Talbott opened the public hearing at approximately 7:09 p.m. Mr. Shelton, Director of Code Compliance, reported that Brenda Blair had petitioned for a Sign Permit on 10.32 acres, located on U.S. Highway 29 in the Callands-Gretna Election District (for a 10 x 30 (300 square feet), double-sided (total of four (4) panels), illuminated, off-site advertisement sign). Tom Powers was present to represent the petition. He stated the sign would be for Hampton Inn and others. A picture illustrating the location of the sign was circulated among the members for their review. Mr. Roy Custer, an adjacent property owner, stated that as long as the drawing Mr. Powers had given to him showing the location of the sign was correct, he had no opposition to the sign being erected. There was no opposition to the petition. The Board discussed the petition as the Committee of the Whole and determined that there were no adverse effects and that the sign supports local business and that it is important to have the sign erected. Upon motion of Mr. Yeaman, seconded by Mr. Merricks, the following motion was adopted: Whereas, Brenda M. Blair has petitioned the Board of Zoning Appeals for a Sign Permit for a 10 x 30 (300 square feet), double-sided (total of 4 panels), illuminated, off-site advertisement sign and, Whereas, the application meets the requirement of Section 35-95 of the Pittsylvania County Zoning Ordinance, I move the Sign Permit be granted. With the following condition: (1) Lighting should be top-mounted and point downward. This concludes the Sign Permit case. The meeting adjourned at approximately 7:28 p.m. _____________________________ Kenneth Talbott, Chairman _____________________________ Kathy H. Belton, Clerk