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BZA Minutes 04 09 2019PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING April 9, 2019 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, April 9, 2019, 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 moment of silence. Mrs. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Leon Griffith Helen Glass Joseph “Jay” Craddock Ronald Merricks Carroll Yeaman Karen N. Hayes Christopher Dadak, Attorney APPROVAL OF THE AGENDA Upon motion of Mr. Merricks, seconded by Mr. Yeaman, and by a unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES Upon motion of Mr. Yeaman, seconded by Mr. Craddock, and by a unanimous vote, the minutes of the March 14, 2019, meeting were approved as presented. OLD BUSINESS There was no old business. NEW BUSINESS Mrs. Hayes reported there are two (2) cases for next month, a Special Use Permit for a 195’ self-supporting telecommunications tower for AT&T, and a Special Use Permit for a solar energy facility. CHAIRMAN’S REPORT There was no Chairman’s Report. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:02 p.m. Board of Zoning Appeals April 9, 2019 Page 2 Case V-19-001, July, Inc. – Mr. Talbott opened the public hearing at approximately 7:02 p.m. Mrs. Hayes, Deputy Director of Community Development, reported that July, Inc., had petitioned for a Variance of 25 feet to the required 35-foot setback on 0.84 of an acre, on the Lotus Drive side of the property, in the Callands-Gretna Election District to Section 35-369.MINIMUM YARD DIMENSIONS. (A.) Front Setback, of the Pittsylvania County Zoning Ordinance to allow for placement of a second canopy over the existing gas pump located on the right side. She further stated the Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Tim Davis and Mr. Lewis Wall with Davenport Energy were present to represent the petition. Mr. Davis stated in order for the store to be branded as Marathon, one of Marathon’s requirements is that both gas pumps be covered with a branded canopy. Mr. Wall then stated the additional canopy would allow customers to fuel their vehicles protected from rain and inclement weather and would also provide better lighting and security. There was no opposition to the petition. Mr. Talbott closed the public hearing at approximately 7:09 p.m. The Board discussed the petition as the Committee of the Whole. Upon motion of Mr. Merricks, seconded by Mr. Craddock, the following motion was adopted: Whereas, July, Inc., has petitioned the Board of Zoning Appeals for a Variance to Section 35-369.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 use has been established for many years 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. Motion passed unanimously. This concludes the Variance case. The meeting adjourned at approximately 7:20 p.m. _________________________________ Kenneth Talbott, Chairman ________________________________ Kathy H. Belton, Clerk