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08-12-2014PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING August 12, 2014 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, August 12, 2014, 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. The Board observed a few moments of silence. Mr. Shelton called the roll. PRESENT Kenneth Talbott Helen Glass Joseph “Jay” Craddock Larry Estes Carroll Yeaman R. Allan Easley Odie H. Shelton, Jr. ABSENT Ronald Merricks APPROVAL OF THE MINUTES By motion of Mr. Yeaman, seconded by Mr. Estes, and by a unanimous vote, the Minutes of the July 8, 2014, meeting were approved as presented. Old Business There was no old business. New Business Mr. Shelton reported on the cases for the September 2014 Cycle and gave some specifics on the cases. 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, Davey Lee Moore, V-14-002– Mr. Talbott opened the public hearing at approximately 7:02 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Davey Lee Moore had petitioned for a variance on .90 of an acre, located on State Road 605/Toshes Road, in the Callands-Gretna Election District to Section 35-182. Minimum Yard Dimensions. (A.) Front Setback, of the Pittsylvania County Zoning Ordinance, requesting a variance of 18 feet to allow for placement of a metal carport/shop. Davey Lee Moore was present to represent the petition and stated some facts regarding the case. Mr. Moore stated he hoped the Board would approve the variance and he had a petition from his neighbors in support of his request. He further stated he had poured a slab thinking the setback from the road was ten (10) feet and the building would be 20 feet off the right-of-way. Mr. Board of Zoning Appeals August 12, 2014 Page 2 Moore stated the property dropped off, the septic tank was in the rear of the property and that the building would not block the view of any traffic using the road. He further stated there was really no other place on the property to situate the building. 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. During the discussion the Board stated that one had to visit the site to understand the topography of the land. It was stated this was a bowl- shaped lot. It was also mentioned there was a natural drainage area on the property and this application was designed for a Variance. The Board further stated that in the event the road was ever widened, there was a possibility the building could be relocated and there was no opposition to this petition. Upon motion of Mr. Easley, seconded by Ms. Glass, the following motion was adopted: Whereas, Davey Lee Moore, Jr., has petitioned the Board of Zoning Appeals for a Variance to Section 35-182. Minimum Yard Dimensions. (A.) Front Setback, of the Pittsylvania County Zoning Ordinance and, Whereas, the application does 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, Whereas, the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, I move the Variance be granted. Vote was unanimous. Those voting for the variance were Mr. Talbott, Ms. Glass, Mr. Easley, Mr. Yeaman, Mr. Estes and Mr. Craddock. Mr. Merricks was absent. This concludes the Variance case. Case Z-1, Howard P. Amos, Z-14-001 - Mr. Talbott opened the public hearing at approximately 7:10 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported Howard P. Amos and Others had petitioned for a Sign Permit on 1.00 acre, located on U.S. Highway 41/Franklin Turnpike in the Callands-Gretna Election District to allow for an off-site advertisement sign for Steve’s Home Improvement to remain where it is currently located on the petitioned parcel of land. Mr. Shelton further stated the Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Steve Cousins was present to represent the petition. Mr. Cousins stated both these sites were commercially zoned and he had worked with Mr. Craddock with VDOT regarding the location of the signs. He further stated there was no opposition to the petition. 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. Upon motion of Mr. Estes, seconded by Mr. Yeaman the following motion was adopted: Whereas, Howard P. Amos, Life Tenant, Florence R. Amos, Life Tenant, and Howard Paul Amos, Jr., Remainderman, have petitioned the Board of Zoning Appeals for a Sign Permit to allow for an off-site advertisement sign for Steve’s Home Improvement to remain where it is currently located on the petitioned parcel of land and, Whereas, the application meets the requirements of Section 35-95 of the Pittsylvania County Zoning Ordinance, I move the sign permit be granted. Motion passed by a six (6) to zero (0) vote. Mr. Merricks was absent. Case Z-2, James Dickie Barbour, Z-14-002 - Mr. Talbott opened the public hearing at approximately 7:15 p.m. Mr. Shelton, Director of Code Compliance/Zoning Administrator, reported James Dickie Barbour had petitioned for a Sign Permit on 0.90 of an acre, located on U.S. Highway 57/Callands Road in the Callands-Gretna Election District to allow for an off-site advertisement sign for Steve’s Home Improvement to remain where it is currently located on the petitioned parcel of land. Mr. Shelton further stated the Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Steve Cousins was present to represent the petition. Mr. Cousins stated both these sites were commercially zoned and he had worked with Mr. Craddock with VDOT regarding the location of the signs. He further stated there was no opposition to the petition. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:16 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Ms. Glass, seconded by Mr. Estes, the following motion was adopted: Board of Zoning Appeals August 12, 2014 Page 3 Whereas, James Dickie Barbour had petitioned the Board of Zoning Appeals for a Sign Permit to allow for an off- site advertisement sign for Steve’s Home Improvement to remain where it is currently located on the petitioned parcel of land and, Whereas, the application meets the requirements of Section 35-95 of the Pittsylvania County Zoning Ordinance, I move the sign permit be granted. Motion passed by a six (6) to zero (0) vote. Mr. Merricks was absent. This concludes the Sign Permit cases. The meeting adjourned at approximately 7:18 p.m. _____________________________ Kenneth Talbott, Chairman ________________________________ Hannah R. Orgain, Clerk