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07/10/2012 PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING July 10, 2012 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, July 10, 2012, 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 – arrived 7:02 Mrs. Helen Glass Carroll Yeaman H. Blair Reynolds Ronald Merricks Odie H. Shelton, Jr. ABSENT Larry Estes APPROVAL OF THE MINUTES By motion of Mr. Reynolds, seconded by Mr. Yeaman, and by unanimous vote the Minutes of the June 12, 2012, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the four cases for the August 2012 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 S-1, Teresa Wiegand, S-12-008 – Mr. Talbott opened the public hearing at approximately 7:02 p.m. Mr. Shelton, Director of Code Compliance, reported Teresa Wiegand had petitioned for a Special Use Permit on 1.32 acres, located on State Road 665/Rockford School Road, in the Staunton River Election District for non-emergency medical transport. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Wiegand was present to represent the petition and stated she had been in business for eight years and employed numerous people. The Board questioned if all the vehicles for transport were parked on the property. Ms. Wiegand stated the vehicles were stored at the drivers homes. There was no opposition Board of Zoning Appeals July 10, 2012 Page 2 to the petition. Mr. Talbott closed the public hearing at approximately 7:03 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. Upon motion of Mr. Reynolds, seconded by Mr. Merricks, the following motion was adopted: Whereas, Teresa Wiegand has petitioned the Board of Zoning Appeals for a Special Use Permit for non-emergency 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. Case S-2, Stephen Hanks, S-12-009 – Mr. Talbott opened the public hearing at approximately 7:05 p.m. Mr. Shelton, Director of Code Compliance, reported Stephen Hanks had petitioned for a Special Use Permit on 1.50 acres, located on Reese Loop Road, in the Callands-Gretna Election District for placement of a single-wide mobile home for his daughter’s residence. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Hanks was present to represent the petition and stated he had nothing to add. He further stated the old house on the property had been demolished. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:06 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. During the discussion it was stated this was consistent with the area. Upon motion of Ms. Glass, seconded by Mr. Easley, the following motion was adopted: Whereas, Stephen Van Hanks has petitioned the Board of Zoning Appeals for a Special Use Permit for a single-wide mobile home for his daughter’s 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. Case S-3, William and Laverne Wilmoth, S-12-010 – Mr. Talbott opened the public hearing at approximately 7:08 p.m. Mr. Shelton, Director of Code Compliance, reported William and Laverne Wilmoth had petitioned for a Special Use Permit on a 100 x 100 feet compound area, part of 46.39 acres, located on State Road 735/Cedar Road, in the Dan River Election District for construction of a 170 foot telecommunications tower, monopole design, with a three (3) foot lightning rod, within a fenced 59 x 59 (3,481 square feet) compound for NTelos Wireless. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioner’s request. Debbie Balser, Agent for NTelos Wireless, was present to represent the petition and stated he had nothing to add. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:10 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. During the discussion it was stated this was consistent with the area. It was further stated this was near the airport but not high enough to effect the planes. Upon motion of Mr. Merricks, seconded by Mr. Yeaman, the following motion was adopted: Whereas, William Elwood Wilmoth and Laverne Gayle Wilmoth has petitioned the Board of Zoning Appeals for a Special Use Permit for a 170 foot telecommunications tower, monopole design, with a three (3) foot lightning rod, within a fenced 59 x 59 feet (3,481 square feet) compound for NTelos Wireless 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-4, Florence Holley, S-12-006 – Mr. Talbott opened the public hearing at approximately 7:11 p.m. Mr. Shelton, Director of Code Compliance, reported Florence Holley had petitioned for a Special Use Permit on 100 x 100 feet (10,000 square feet), part of 97.16 acres, located off State Road 718/Dry Fork Road, in the Tunstall Election District for construction of a 199 foot telecommunications tower, monopole design, within a 75 x 75 feet (5,625 feet) compound for Central States Tower, LLC. Mr. Shelton further reported the Planning Commission, with no opposition, recommended granting the petitioner’s request. Anthony Stewart, Agent for Central States Tower, LLC, was present to represent the petition and stated he had nothing to add. There was no opposition to the Board of Zoning Appeals July 10, 2012 Page 3 petition. Mr. Talbott closed the public hearing at approximately 7:12 p.m. The Board discussed the petition as the Committee of the Whole and determined there were no adverse effects. During the discussion it was stated this was consistent with the area. It was further stated this site is in the middle of a 100 acre farm. Upon motion of Mr. Easley, seconded by Ms. Glass, the following motion was adopted: Whereas, Florence Holley has petitioned the Board of Zoning Appeals for a Special Use Permit for a 199 foot telecommunications tower, monopole design, within a fenced 75 x 75 feet (5,625 square feet) compound for Central States Tower, LLC, 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 Cases. The meeting adjourned at approximately 7:14 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk.