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03/11/2014PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING March 11, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, March 11, 2014, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Mr. Talbott called the meeting to order at appro�nately 7:00 p.m. The Board observed a few moments of silence. Mr. Shelton called the roll. PRESENT Kenneth Talbott Helen Glass Ronald Merricks Joseph "Jay" Craddock Carroll Yeaman Larry Estes Odie H. Shelton, Jr. ABSENT R. Allan Easley APPROVAL OF THE MINUTES By motion of Mr. Estes, seconded by Mr. Yeaman, and by unanimous vote the Minutes of the February 11, 2014, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the case for the Apri12014 Cycle. CHAIRMAN'S REPORT Mr. Talbott informed the Board he had been unable to attend the February 2014 meeting due to a family emergency. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:01 p.m. Case S-1, Shannon Renee Brooks S-14-003— NIr. Talbott opened the public hearing at appro�mately 7:02 p.m. NLr. Shelton, Director of Code Compliance/Zoning Administrator, reported Shannon Renee Brooks had peutioned for a Special Use Permit on 5.10 acres, located on State Road 1129/Cedar Ridge Road, in the Tunstall Election District for a commercial garage. He further stated the Planning Commission, with no opposirion, recommended granting the petitioner's request. Mr. Shelton further stated there was a petition in the packet with signatures of neighbors, stating they were not opposed to the petition. The petitioner had also spoken with all the neighbors and there was no opposition. Mr. Shelton further stated the main reason for the petition was for insurance purposes. Mr. Winingham was present to represent the petition and stated he had nothing to add. No one was present to oppose or spoke in opposition to the petition. Mr. Talbott closed the public hearing at approxirnately 7:04 p.m. When questioned, Mr. Board of Zoning Appeals March 11, 2014 Page 2 Winingham stated the business was located on a dirt road. The Board discussed the petition as the Cominittee of the Whole and determined there were no adverse effects. Upon motion of Mr. Merricks, seconded by Ms. Glass, the following motion was adopted: Whereas, Shannon Renee Brooks has petitioned the Board of Zoning Appeals for a Special Use Permit for a commercial garage 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. The vote was six (6) to 0, with one member, Mr. Easley, absent. This concludes the Special Use case. Case V-1, Edward O. Blount,,Tr., and Leigh B. Blount V-14-001— Mr. Talbott opened the public hearing at appro�mately 7:06 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Edward and Leigh Blount had petitioned for a Variance on 10.09 acres, located on State Road 796/Steam Way, in the Chatham- Blairs Election District to Section 35-182. Minimum Yard Dimensions. (B.) Side Setback, of the Pittsylvania County Zoning Ordinance requesting a variance of 25 feet to allow for construction of a pole barn. Mr. Shelton further stated Mr. Blount was requesting to be 10 feet off the right-of-way. Mr. Shelton stated this was a Lot, Through (Double Frontage) with frontage on two right-of-ways. He further stated the Planning Commission, with no opposition, recommended granting the petitioners' request Mr. Edward Blount was present to represent the perition. Mr. Blount handed out a packet of information pertaining to the petition and went over the information with the Board. No one was present to oppose or spoke in opposition to the petition. Mr. Talbott closed the public hearing at appro�rnately 7:17 p.m. The Board discussed the perition as the Committee of the Whole. During the discussion it was stated that this petition did not meet the guidelines of a variance and the applicant was informed what those guidelines were. It was further stated that in the event this property went to someone else in the future, the posirion of the building may present a problem. The Board further discussed the definition of streets and private streets. After some discussion the Board recommended that Mr. Blount reduce the size of the building to under 800 square feet and move it an additional two (2) feet to meet the rear setback. Mr. Blount agreed with this. Upon morion of Mr. Merricks, seconded by Mr. Estes, the following morion was adopted: Whereas, Edward O. Blount, Jr., and Leigh B. Blount have petitioned the Board of Zoning Appeals for a Variance to Section 35-182. Minimum Yard Dimensions.(B.) Side Setback, 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, strict application of the ordinance would not impose unnecessary hardship, I move the Variance be denied. Motion passed unanimous. The vote was six (6) to 0, with one member, Mr. Easley, absent. The meeting adjourned at approxirriately 7:25 p.m. Kenneth Talbott, Chairinan Hannah R. Orgain, Clerk