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09/11/2012PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING SEPTEMBER 11, 2012 MINUTES VIRGINIA: The Pittsylvania County Boaxd of 7oning �ppeals met on Tuesday, September 11, 2012, in the Genexal District Coortroom, Fdwin R. Shields Courthouse Addition, Chatham, Vixginia. MT. Talbott called the meeting ro order at appxoximately 7:00 p.m. Mr. Easley gave the invocadon. blt. Shelton called the xoll. PRESENT Kenne[h Talbott R. Allan Easle}- Larrp Estes Mrs. Helen Glass Carroll Yeaman H. Blair Reynolds Ronald Merricks Odie H. Shelton, Jr. APPROVAL OF THE MINUTES By morion of Mr. Repnolds, seconded b� Mr. Yeaman, and by unanimous vote the Minutes of the August 14, 2012, meering were appxoved as presented. Old Business "I'here was no old business. New Business blr. Shelton xeported on the case for the October 2012 Cycle. CHAIRMAN'S REPORT 'I'hexe was no Chairman's report. THE ZONING PRECEPTS WERE READ BY 1��. Talbott to OPEN THE PUBLIC HEARING at appxo�mately 7:01 p.m. Case S-1. Arlene Carter, 5-12-014 — Mr. Talbott opened the public heaxing at appro�snatelv 7:01 p.m. Mr. Shelton, Directar of Code Compliance, repoxted rlrlene Cartex had peddoned for a Special Use Pexmit on .46 of an acxe, located on State Road 939/Brookside Road, in the Tunstall Elecdon Distcict for a bazbec shop. Mr. ShelCOn furthec reparted the Planning Commission, with no opposition, recommended granting the petitioner's xequest. Ms. Carter was pxesent to cepresent the petition and stated she had nothing to add. There was no opposidon to the perition. N�. Talbott closed thc public heaxing at approacimately 7:02 p.m. The Board discussed the peririon as the Conunittee oE the Whole and decermined there wexe no adverse eEfects. Upon modon of ML. Mexncks, seconded by Ms. Glass, the following modon was adopted: Whereas, Arlene Carter has pedtioned the Board of Zoning Appeals fox a Specia] lise Permit for a barber shop and, Wheteas, we find no substandal detriment to adjacent pxoperty, that the character of the zoning district will not be changed thereby, and that such use will Ue in harmony with the purpose and intent of the Ordinance, I move the Special Use Pecmit be gsanted. Mouon passed unanunous. Boaxd of Zoning Appeals Seprember 11, 2012 Page 2 Case S-2 William Rogers. Jr., & Judith Rogers. S-12-015 — Mr. Talbott opened the public hearing at appxoxunately 7:03 p.m ML. Shelton, Directox of Code Compliance, xeparted William Ro�recs, Jr., and Judith Rogers had pedtioned Eor a Special Use Pennit on 100 x 100 feet (10,000 square feec), 0.23 of an acre, located off State Road 1032/Tower Lane, in the Chatham-Blairs F,lection District fox construcdon of a 300 foot telecommunications tower, self-supporung laerice design, with a thtee (3) foot li�rhming rod, within a fenced 100 feet x 100 feet (1Q000 square feet) compound fox Pittsjdvania County Emergency blanagement I��. Shelton further reparted the Planning Commission, with no opposiuon, recommended granung the peddoners' requesc James Davis, Directox of Fmexgency Management, was present to repxesent che petition and stated he had nothing to add buc would be glad to answer any quesdons. 'I'here was no opposition to the petition. Mr. Talbott closed the public hearing at appro�mately 7:05 p.m. The Board discussed the peridon as the Committee of the Wholc and determined there wexe no adverse effecrs. During the discussion it was stated this area was dotted with towexs and the road name said it all. lipon motion of Mr. Reynolds, seconded by h1r. Easley, the follouring mouon was adopted: Whereas, William Rogexs, Jr. and Judith Rogers have petiuoned the Board oE 7.oning.�ppeals EoT a Special Use Permit Eor a 300 foot telecommunication tower, self-suppoxting latdce design, with a three (3) foot lighming rod, witivn a fenced 100 Eeet x 100 feet (1Q000 square feet ) compound fox Pittsylvania County Emergency Management and, Whereas, we find no substantial detriment to adjacent pxoperty, that the chacacter of the zoning disteict will not be changed thexeby, and that such use anll be in 6armony with the purpose and intent of the Ocdinance, I move the Special Use Permit be granted. Motion passed unanunous. T6is concludes the Special Use Cases. Case V-1, Keith Walden. V-12-001— Ivir. Talbott opened the public hearing ac appxo�matel}' 7:06 p.m. Mr. Shelton, Dicectox of Code Compliance, reparted Keith Walden had petitioned fox a Vaxiance on a to�al of .828 acxe (pex plat), two paxcels, located on State Road 729/Kentuck Road, in the Dan River Elecdon District to Secdon 35-226, Minimum Yaxd Dunensions (B.) Side Setback, and Secuon 35-224, Area Regularions. (A.) Muumum Lot Size, of the Pittsplvania County Zoning Ordinance. Mx. Shelton Euxrher repoxted the Planning Commission, with opposidon, xecommended by subsritute modon the case be foLwacded to the Boaxd of Zoning Appeals provided that approval is given Eor a well and sepric tank bp the Health Department Mr. Shelton handed out hictures taken of $ie lots under petiuon. Mc. Fxed Shanks was present to zepxesent the peririon. He stated these lots weze created prioe to zoning and rhat the Highway Depactrnent had taken some additional land from the lots. He fuxthex stated these lots had been combined by survey but this suroey was never recoxded. blr. Shanks then discussed the specifics of the application. The Board questioned if I�ir. Walden had uied to purchase additional property and it was stated he had not. Jerry Walker and Jonathan Tate spoke in opposidon to the petition. They both were concemed that placement of a home on this lot would devalue their propexty- and set a precedence. Iv�. Shanks offered a brief xebuttal. Mr. Talbott closed the public hearing at appto�mately 735 p.m. 'I'he Board discussed the periuon as the Committee oE the Whole. Some issues discussed were the critexia fox a variance and setung a pmccdence. Upon motion of Mr. Merricks, seconded by Mr. Estes, the following morion was adopted: Whereas, C. Keich Walden has peridoned the Boaxd of Zoning �ppeals for a Variance to Section 35-226, Minimum Yard Dimensions, (A.) Pront Setback, (B.) Side Setback, and Section 35-224, Axea Regulations. (A.) 1�linimum Lot Size, of the Pittsylvania Countp Zoning Orclinance, and, Whereas, the applicarion does not fulEill the minimum requitements Eox a variance from the pxovisions of the ordinance and, Whereas, strict applicadon of the ordinance would not impose unnecessary hardship. I move the Vaxiance be denied. blodon passed unanimous. This condudes the Variance case. Case Z-1, George Lewis Staton, Z-12-004 —1�ir. Talbott opened the public heacing at appxo�mately- 728 p.m. Mr. Shelton, D�ector oE Code Compliance, repocted George Lewis Staton, had petitioned Eor a Sign Pemiit on 1.05 acres, located on U. S. Highway 58 East/South Boston Highway, in the Dan River Elecuon District fox a 10.9 feet x 23 feet (250.70 square feet), double-sided (total of two (2) panels), off-site adverrisement sign). He fucther reported the Board of Zoning ilppeals September 11, 2012 Page 3 Planning Commission, with no opposiuon, recommended grandng the peddonex's request. Aaron Brady with The Lamar Company, L.L.C. was present to repxese�t the peridon. He gave some information regarding the case and stated this was an existing sign and they were only adding to the back side of the sign. He furthex stated the sign would not be lit. There was no opposition to the pedtion. b1r. Talbott dosed the public hearing at approsimately 732 p.m. The Board discussed the petition as the Committee of the Whole and detennined there wese no adverse effects. Duxing the discussio� it was stated this is an exisdng sign and the sign is being xepai�ed. Upon motion of b1x. Easley, seconded by Mx. Reynolds, the following modon was adopted: Whereas, George Leuris Staton, has peddoned the Boacd of Zoning Appeals Eoc a Sign Permit fox a 10.9 feet x 23 feet (250J0 square feet), double sided (total of two (2) panels), off-site advextisement sign and, Whereas, the applicadon meets the xequirements of Secrion 35-95 oE the Pittsy�lvania Countp Zocung Oxdinance, I moce the Sign PeTmit be gtanted with condidon: No Lighting. Modon passed unanimous. This condudes the Sign case. 'I`he meedng adjo�ned at appro�marely 7:40 p.m. Kenneth Talbott, Chainnan Hannah R. Orgain, Clezk.