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BZA 09 13 2021 BOARD OF ZONING APPEALS REGULAR MEETING Monday, September 13, 2021 – 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA I. CALL TO ORDER II. ROLL CALL III. MOMENT OF SILENCE IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES 1. BZA 08_09_2021 Minutes VI. OLD BUSINESS VII. NEW BUSINESS VIII. HEARING OF CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. IX. CHAIRMAN'S REPORT Regular Meeting - September 13, 2021 X. PUBLIC HEARING Pursuant to Article V, Division 7 of the Pittsylvania County Zoning Ordinance, we the Board of Zoning Appeals have been empowered to hear and decide specific applications and appeals in support of said ordinance. In accomplishing this important task we are charged with promoting the health, safety, and general welfare of the citizens of Pittsylvania County. We must insure that all our decisions and recommendations be directed to these goals and that each be consistent with the environment, the comprehensive plan and in the best interest of Pittsylvania County, its citizens and its posterity. Anyone here to speak to the board, other than the applicant, regarding zoning cases will be limited to (3) three minutes. 1. Public Hearing: Case S-21-009 Michael and Cynthia Flanigan; Special Use Permit for the sales, service, and repair of automobiles/public garage XI. ADJOURNMENT Board of Zoning Appeals STAFF SUMMARY Case: Board of Zoning Appeals Minutes 08/09/2021 District: Zoning Request: Agenda Date: September 13, 2021 Meeting History: 5.1 Packet Pg. 3 August 9, 2021 Regular Meeting Pittsylvania County Board of Zoning Appeals Regular Meeting August 9, 2021 VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Zoning Appeals was held on August 9, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. Chairman R. Allan Easley, called the meeting to order at 7:00 PM. The following members were present: Attendee Name Title Status Arrived R. Allan Easley Chairman Present 6:24 PM Ronald E. Merricks Vice-Chairman Present 6:21 PM Ryland Brumfield Board Member Present 6:24 PM Joseph A. Craddock Board Member Absent 6:24 PM Ann Deering Board Member Present 6:24 PM Hershel Stone Board Member Present 6:22 PM Carroll Yeaman Board Member Present 6:20 PM APPROVAL OF AGENDA Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda was approved as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: R. Allan Easley, Chairman AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock APPROVAL OF MINUTES Upon motion of Mr. Easley, seconded by Mr. Stone, and by a unanimous vote, the minutes were approved as presented. 1. BZA Minutes 07122021 RESULT: APPROVED [UNANIMOUS] MOVER: R. Allan Easley, Chairman SECONDER: Hershel Stone, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock OLD BUSINESS There was no old business. NEW BUSINESS 5.1.a Packet Pg. 4 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes) Mrs. Ragsdale stated there will be one case for a Special Use Permit to be heard at the September meeting, Case S-21-009. HEARING OF CITIZENS No citizens came forward to speak. CHAIRMAN'S REPORT There was no Chairman's Report. PUBLIC HEARING 1. Public Hearing: Case S-21-007 Rodney and Patricia Barker; Special Use Permit for a Kennel Mr. Easley opened the public hearing at approximately 7:05 pm. Mrs. Ragsdale, Director of Community Development, reported that Patricia Barker petitioned for a Special Use Permit on a total of 4.75 acres, located on US Hwy 29 in the Westover Election District for a kennel for boarding and grooming dogs. Ms. Barker was not present to represent the petition, Mrs. Ragsdale stated she would answer any questions during the public hearing. There was opposition to the Special Use Permit from several residents of the neighborhood, Hunter Byrnes spoke on behalf of those residents. Their concerns included but were not limited to: noise levels, decrease in property values and access to the business through a residential entrance. Nancy Horton, who resides at 2057 Woodlake Drive, voiced concerns of increased traffic damaging the road which is already in need of repair at this time. The Board discussed the petition as the Committee of the Whole. A motion was made by Mr. Merricks, seconded by Mr. Yeaman, to deny the Special Use Permit. Motion passed by a six (6) to zero (0) vote (one (1) member, Mr. Craddock was absent). RESULT: APPROVED [UNANIMOUS] MOVER: Ronald E. Merricks, Vice-Chairman SECONDER: Carroll Yeaman, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock 2. Public Hearing: Case S-21-008 Gentry Farms, LLC; Special Use Permit for a Recreational Use, Event Use. Mr. Easley opened the public hearing at approximately 7:36 pm. Mrs. Ragsdale, Director of Community Development, reported that Gentry Farms, LLC, petitioned for a Special Use Permit on a total of 14.70 acres, located on Clarks Mill Road in the Dan River Election District for an Event Venue. R. J. Lackey was present to represent the petition. There was no opposition to the petition. Mr. Easley closed the public hearing at 7:40. A motion was made by Mr. Yeaman, seconded by Ms. Deering, to grant the Special Use Permit. Motion passed by a six (6) to zero (0) vote (one (1) member, Mr. Craddock was absent). 5.1.a Packet Pg. 5 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes) RESULT: APPROVED [UNANIMOUS] MOVER: Carroll Yeaman, Board Member SECONDER: Ann Deering, Board Member AYES: Easley, Merricks, Brumfield, Deering, Stone, Yeaman ABSENT: Craddock ADJOURNMENT The meeting was adjourned at approximately 7:42 pm. 5.1.a Packet Pg. 6 Attachment: BZA 08_09_2021 Minutes (2722 : BZA 08_09_2021 Minutes) Board of Zoning Appeals STAFF SUMMARY Case: Public Hearing: Case S- 21-009 Michael and Cynthia Flanigan District: Chatham-Blairs Election District Zoning Request: SUP Agenda Date: September 13, 2021 Meeting History: SUBJECT Requested by Michael and Cynthia Flanigan, for a Special Use Permit the sales, service, and repair of automobiles/public garage. The property is 2.0 acres, located on W I Powell Road, in the Chatham Blairs Election District and shown on the Tap Maps as GPIN # 1492-65-8123. BACKGROUND/DISCUSSION The applicants are proposing to operate a public garage on the subject property. Due to the applicant’s request to service automobiles, a Special Use Permit for a public garage is required in accordance with Pittsylvania County Code § 35-179. The applicants currently operate a towing and repair business in the City of Danville and have stated that this will not be an expansion of that operation. They will be using an existing structure on the property and plan to primarily restore antique vehicles. Currently, the property is accessed by a shared driveway that provides access to the subject property and two neighboring properties. A maintenance agreement was signed in 1992 between the property owners stating that the private road could be used for access and the maintenance was to be shared between property owners using the road. This agreement is still in affect and a copy is included in the packet. DIRECTIONS The address is 1415 W I Powell Road. SURROUNDING LAND USE AND ZONING DISTRICTS Mostly surrounded by A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, zoned properties. SITE DEVELOPMENT PLAN An existing building will be used for this operation. RECOMMENDATION Staff recommends APPROVAL of Case S-21-009 with the following conditions: 10.1 Packet Pg. 7 1. This property shall not be used for the sale of automobiles. 2. Repair activities shall be contained within an enclosed structure. 3. Inoperable vehicles shall not be stored on the property for longer than two (2) weeks and must be stored in an area screened in accordance with PCC § 35-121. PLANNING COMMISSION MOTIONS: 1. Recommend approval of Case S-21-009 as submitted. 2. Recommend approval of Case S-21-009 subject to conditions by staff. 3. Recommend approval of Case S-21-009 subject to conditions by the Planning Commission. 4. Recommend denial of Case S-21-009 as submitted. ATTACHMENTS: A. Application B. Letter of Intent C. Executive Summary D. Petition E. Sign Affidavit F. Adjacent Parcel Owners G. Road Maintenance Agreement PLANNING COMMISSION RECOMMENDATION: On August 3, 2021, the Planning Commission recommended by an 8 to 0 vote, with no opposition, that the petitioners’ request be granted. 10.1 Packet Pg. 8 10.1.a Packet Pg. 9 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 10 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 11 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 12 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 13 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 14 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 15 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 16 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.a Packet Pg. 17 Attachment: Case S-21-009 Michael Flanigan (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan) 10.1.b Packet Pg. 18 Attachment: Case S-21-009 Flanigan Map (2721 : Public Hearing: Case S-21-009 Michael and Cynthia Flanigan)