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08/09/2011PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING August 9, 2011 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, August 9, 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. Reynolds, seconded by Mr. Estes, and by unanimous vote the Minutes of the June 14, 2011, meeting were approved as presented. Old Business Mr. Shelton presented a report on the number of Special Use Cases that had been heard and granted. The Board discussed the report and stated this was valuable information. New Business Mr. Shelton reported on the cases for the September cycle. Discussion The Board requested that anyone speaking before the Board come to the end of the table and announce their name and address for the record. CHAIRMAN’S REPORT Mr. Talbott stated he and Mr. Shelton had met with the County Attorney and County Administrator and that in January either the state or the county would be providing training for the Planning Commission and Board of Zoning Appeals. He further stated that January 7, 1991, would be the 20th anniversary of zoning taking effect and the Star Tribune would most probably be getting information on the progress of the Boards. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Case S-1, Karen Townsend, S-11-009 – Mr. Talbott opened the public hearing at approximately 7:05 p.m. Mr. Shelton, Director of Code Compliance, reported Karen Townsend had petitioned for a Special Use Permit on .63 of an acre, located off State Road 655/Tom Fork Road, in the Dan River Election District for placement of a single-wide mobile home for her personal residence. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Townsend was present to represent the petition. Ms. Townsend stated she had been granted a Special Use Permit on this property previously but had not placed a home there because she was trying to find property closer to her work. The Special Use Permit previously granted had expired. Ms. Townsend further stated she had now found a home and would like to place it on this property. There was no opposition to the petition. Mr. Talbott stated Mr. Talley had signed to speak on this case Board of Zoning Appeals August 9, 2011 Page 2 but wanted to speak on the next case. Mr. Talbott closed the public hearing at approximately 7:07 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon motion of Mr. Easley, seconded by Ms. Glass, the following motion was adopted: Whereas, Karen Townsend has petitioned the Board of Zoning Appeals for a Special Use Permit for placement of a single-wide mobile home for her personal residence 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 Case. Case A-1, Derek Holley, A-11-001 – Mr. Talbott opened the public hearing at approximately 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported Derek Holley filed a notice of Appeal to the Board of Zoning Appeals of an administrative decision regarding Section 35-222, Permitted Uses, of the Pittsylvania County Zoning Ordinance on 14.43 acres, located on State Road 838/Johnson Road, in the Tunstall Election District. Mr. Shelton further reported, in his opinion, the dog kennel located on Mr. Holley’s property was in violation of Section 35-222, Permitted Uses of the Pittsylvania County Zoning Ordinance. He stated the dogs housed in the building should be removed immediately and that animal control had reported the dogs had been removed. Mr. Shelton further stated he would carry out the decision of the Board. Mr. Holley was present to represent the petition. Mr. Holley stated he did not feel this was a commercial kennel because he had donated the building for the use of the Animal Welfare League and they were a non-profit organization. He further stated the dogs were only held there on a temporary basis. He then mentioned a variance so that the kennel could be retrofitted. Mr. Talbott explained to Mr. Holley that this application was not for a variance and they discussed permitted uses under Section 35-222 of the Pittsylvania County Zoning Ordinance. Mr. Easley stated he was not able to join in the discussion on this case and would abstain from voting due to the fact that Mr. Holley was a client. Erica Talley came forward and stated some issues related to the kennel. She stated she and her husband had been kept awake due to the barking of the dogs. She also stated that at one time dogs had escaped from the kennel and come onto their property. She stated she had contacted the Animal Welfare League and the Sheriff’s Department regarding the noise from the kennel. Mr. Talley did not speak, stating Erica had addressed all the issues. Bill Fox, in support of the Animal Welfare League, then came forward and related issues related to the dogs and their care. He spoke of the size of the building and how it was maintained. Mr. Fox stated these were animals that were up for adoption and were being temporarily housed at this location. Mr. Holley then offered some more information as a rebuttal. Mr. Talbott closed the public hearing at approximately 7:27 p.m. The Board discussed the petition as the Committee of the Whole and determined that Mr. Shelton’s decision should be upheld. During the discussion, it was stated that this was a worthwhile organization but that kennels were not a permitted use under Section 35-222 of the Pittsylvania County Zoning Ordinance. Upon motion of Mr. Merricks, seconded by Ms. Estes, the following motion was adopted: Whereas, Derek Holley filed a Notice of Appeal to the Board of Zoning Appeals of an Administrative decision, Section 35-222, Permitted Uses, of the Pittsylvania County Zoning Ordinance and, Whereas, for reasons well supported in the record, I move the Zoning Administrator’s decision be upheld. The vote was six (6) to one (1). Mr. Easley abstained from the vote for the reason listed in the record. This concludes the Appeal case. The meeting adjourned at approximately 7:30 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk.