05/10/2011PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS
REGULAR MEETING
May 10, 2011
MINUTES
VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, May 10, 2011, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia.
Mr. Talbott called the meeting to order at approximately 7:00 p.m. Mr. Easley gave the invocation. Mr. Shelton called the roll.
PRESENT
Kenneth Talbott
R. Allan Easley
Larry Estes
Mrs. Helen Glass
Ronald Merricks
Carroll Yeaman
H. Blair Reynolds
Odie H. Shelton, Jr.
APPROVAL OF THE MINUTES
By motion of Mr. Estes, seconded by Mr. Easley, and by unanimous vote the Minutes of the March 8, 2011, meeting were approved as presented.
Old Business
There was no old business.
New Business
Mr. Shelton reported on the cases for the June cycle.
CHAIRMAN’S REPORT
There was no Chairman’s report.
THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at
approximately 7:01 p.m.
Case V-1, V-11-001– Mr. Talbott opened the public hearing at approximately 7:04 p.m. Mr. Shelton, Director of Code Compliance, reported Alan Hines and Others had petitioned for a Variance
on 1.24 acres, located on State Road 844/Mount Cross Road, in the Tunstall Election District to Section 35-272, Minimum Yard Dimensions, (A) Front Setback, (C) Rear Setback and Section
35-269, Area Regulations, Subsection 4, Required State-Maintained Road Frontage, of the Pittsylvania County Zoning Ordinance. The petitioners are requesting a Variance of eight (8)
feet for the rear setback, a Variance of three (3) feet for the front setback to the edge of the right-of-way and a Variance because the mobile home lot will have no State-Maintained
road frontage, to allow for division of the property. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioners’ request. He further
stated he had pictures of the property. Alan Hines and Carlton Hawkins with LE & D were
Board of Zoning Appeals
May 10, 2011
Page 2
present to represent the petition. They stated they had nothing to add. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:15 p.m.
The Board discussed the petition as the Committee of the Whole. During the discussion the Variance process was discussed and explained to the applicant. It was also discussed that
the property would most likely go to the sister, Carol McGuire, and was currently the residence of Velda Stephens, who assisted in the care of the applicants’ deceased mother. The Board
discussed the gravel road used for ingress and egress was and it was stated this mobile home had its own well and septic system. Upon motion of Mr. Reynolds, seconded by Mr. Estes,
the following motion was adopted: Whereas, Carol Hines Wilson, Et Als, Alan Raymond Hines, Et Al, and Cynthia Hines Hyler, Et Als, have petitioned the Board of Zoning Appeals for a
Variance to Section 35-272, Minimum Yard Dimensions, A. Front Setback, C. Rear Setback and Section 35-269, Area Regulations, Subsection 4, Required State-Maintained Road Frontage of
the Pittsylvania County Zoning Ordinance and, Whereas, the application does not fulfill the minimum requirements for a variance from the provisions of the ordinance and, Whereas, the
board finds that the strict application of the ordinance would produce undue hardship, that the hardship is not shared generally by other properties in the same zoning district and the
same vicinity, that the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting
of the variance and that the zoning precepts will be best maintained, I move the Variance be granted with the following condition: 1). The mobile home will be repositioned to eliminate
the need for the Variance when Ms. Velda Stephens no longer resides there. Motion passed unanimous.
This concludes the Variance case.
The meeting adjourned at approximately 7:14 p.m.
_____________________________
Kenneth Talbott, Chairman
_____________________________ Hannah Orgain, Clerk