Planning: January 3, 2006 Meeting Minutes

January 3, 2006 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
January 3, 2006

Members Present: John Bradshaw, Kim Cash, Gifford Childs, Linda Russell, Goffrey Miles, Ron Moyer, Alternate

Staff Present: Fred Boger, Betty Fortune

Call to Order: Mr. Bradshaw called the meeting to order at 7:30 P.M. in the Board of Supervisors meeting room of the County Courthouse.

Approval of Minutes: Minutes from October 3, 2005 were reviewed. A correction was made to paragraph 3 for Variance #2005-011 – “Massie Saunders, Surveyor, Mr. Baldwin stated that he Massie Saunders has surveyed the island and will run an elevation marking the 100-year flood elevation by using spikes in the trees.” Ms. Cash made a motion to approve the minutes as amended, Ms.Russell provided the second, and motion passed
5-0.

1. Variance #2005-015 – Albert Wayne Ponton

Mr. Boger reported that Mr. Wayne Ponton is requesting a variance to reduce the required front yard setback in a Residential District, R-2, from 55 feet from the center of the road to 37 feet to permit construction of a new deck and porch roof on the front of his dwelling located at 28 Brookside Lane, Lovingston. The building was constructed before the current zoning ordinance. The requested variance will have little, if any, impact on the properties along Brookside Lane, and if a hardship is demonstrated by the petitioner, than a variance can be granted.

Mr. and Mrs. Ponton were present and had no additional comments.

The public hearing was opened, there were no comments, and public hearing was closed.

Mr. Childs questioned whether a hardship existed. Mr. Boger said that a variance is usually granted if the setback encroaches on a septic system. The hardship exists because if the porch is lost, it couldn’t be replace without a variance.

Mr. Childs made a motion to grant Variance #2005-015 for the Pontons. Mr. Miles provided the second and motion passed 5-0.

2. Variance #2005-011 – Monroe G. Baldwin, III

Mr. Boger reported that Mr. Baldwin was present to give an update on structures within the floodway. His proposed concept is for a tree house, and if it can meet all requirements from the County Building Inspector and FEMA, then no variance will be needed.

Mr. Baldwin (III) recapped for the Board the history of ownership of Sycamore Island. It was bought by his father in the late 90’s with the idea of establishing a campground. Officials in Buckingham County gave the idea their approval and the campground was built. It turned out not to be a viable business. They started out with a tepee, then a raised platform with a tent and then a cabin. They formed a club and expanded to four cabins. Nelson County became involved at this point and he met Mr. Boger who advised that the island was in Nelson County and that no building could take place in the floodplain. Consequently, he appeared before the BZA to request a variance.

Mr. Baldwin said the new plan is to take down all the existing structures and recycle the wood for a tree house. It has been certified by a surveyor that the structure will be placed above the maximum floor elevation. He has a contract with an engineer who is making some changes before going to apply for the building permit. Everything is ready to proceed.

Ms. Russell questioned whether the BZA needs to make a decision on this since the tree house will be constructed above the floodplain. Mr. Boger said that the BZA must give guidelines on when the existing building must come down because they remain in the floodway. Mr. Baldwin handed to the Board a proposed schedule for dismantling the cabins, hauling out the trash, and recycling useable wood by June 1, 2006. The buildings must be taken down regardless of the outcome of the building permit application. Ms. Cash verified that there are four cabins, an outbuilding for equipment storage, and an outhouse. Mr. Baldwin said the outhouse will be converted to a facility that the Health Department approves. Any part of it that needs to be removed will be done when all the work is completed.

Mr. Childs asked about the elevation of the spikes that will go in the trees. Mr. Baldwin said they would be about 12 feet high, depending on the location of the trees used. Mr. Boger stated that lumber dismantled from the present structures must be anchored and stored in such a way that they won’t wash downstream in case of high water. He felt the schedule proposed by Mr. Baldwin is reasonable.

The public hearing was opened.

Marion Lancaster handed out some notes of factors to be considered in the floodplain: A) increase in flood elevation, which may not be an issue with a tree house; B) danger of materials being swept away. Lawn mowers, etc. have been seen floating down the stream in a flood situation; C) water supply (and questioned how the outhouse could be outside the floodplain); D) damage to her own property; E) improvement to community service which hasn’t been provided; F) availability of an alternative location; G) compatibility with existing uses in the area (and questioned why hunt cabins are needed on the island. They are not compatible with canoe users on the river; H) Comprehensive Plan and affect on flood insurance; I) emergency access to the island – there is no bridge to the island; J) nuisance created by the use of guns at all hours of the day and night; K) the Baldwins have not been good neighbors up to this point.

David Gunn of Virginia Department of Conservation and Recreation (DCR) discussed the original cabins and their relation to the floodplain. He understands that Mr. Baldwin will remove the existing buildings and engineer foundations for tree houses. The national flood insurance program will not be affected as long as the structure is above the Base Flood Elevation. It has been proven that tree houses do not change the flood elevation, and if the structure meets all the requirements of the building permit, this is outside the confines of the DEQ. A variance will not be needed from the BZA. DEQ has no problem with the plan, as long as local and state building requirements are met.

(Mr. Moyer verified with Mr. Gunn that the tree house will not affect the flood and Ms. Cash verified that the BZA has no control over the outhouse except that the present one must be removed and the new one meet Health Department requirements.)

Gertrude Sharbone (?) asked whether the zoning ordinance allows for automatic weapons to be shot all hours of the day. She has a concern about the septic system and safety on the river with all the shooting being done on the island.

Lionel Lancaster was also concerned about the amount of shooting being done on the island.

Billy Hale had been told his flood insurance would be canceled if Nelson County allowed structures to be built in the flood plain. Mr. Gunn said that if the County doesn’t manage development in the floodplain, insurance could be canceled for everyone in the State. However, if structures are above the floodplain, FEMA’s requirements are satisfied and there would be no grounds for canceling flood insurance.

Marion Lancaster asked if the FEMA map would be amended to show the flood plain no longer existed. Mr. Gun said that the flood plain does still exist – the Baldwins are making sure their structure is above the flood plain.

Mr. Baldwin asked for an opportunity to speak to the audience, his neighbors. He feels most of them came because of the shooting situation which has become somewhat “sensationalized.” He and his friends/family hunt in the winter, never at night. He offered his telephone number so that residents can contact him if shooting gets out of hand. He will look into club rules for possible modification since he wants to be a good neighbor.

Mr. Monroe Baldwin Jr, owner of Sycamore Island, spoke also of the understanding he had with Buckingham County regarding the outhouse, electricity and running water. He was told he could put an outhouse there and would not need electricity and running water. He was not aware of the need for a building permit until this matter was brought to his attention by Mr. Boger.

The public hearing was closed.

Ms. Russell stated that the applicant had been asked to come back to the BZA with a letter from FEMA, plans for the tree house and removing structures. At this point there is no letter from the Building Official stating that the structure is out of the floodplain. Mr. Bradshaw said that if the schedule for demolition is accepted, then Mr. Baldwin can go to the Building Official. The BZA can concern itself with demolition and determining how the anchoring will be done. Mr. Baldwin offered to send pictures as each stage is completed.

Ms. Cash made a motion to require that Mr. Baldwin remove four cabins and one outhouse by June 15, 2006 and in addition, that all materials for reuse be stored and secured in a way not to cause flotation. Mr. Childs provided the second, and motion passed 5-0.

Other Business

Ms. Russell reminded the BZA that on December 6, 2004 a variance was approved for Mr. and Mrs. Allen Wood to put a travel trailer on their property with an alternative sanitary system until construction of their home. Construction has not started as of 7/11/05 and it’s presumed the travel trailer is still there.

Also, a variance was granted Mr. Michael Fanelli to build a 28’ x 60’ garage as the first dwelling. No house has been built, but a garage was built with an apartment. Mr. Boger said that that structure becomes the main dwelling when the apartment was added.

The variance granted Ms. Shumaker called for the second home to be removed by December 31, 2005.

Mr. Boger will follow up to see what progress has been made on both Shumaker and Wood.

Adjournment

At 9:05 P. M. Mr. Bradshaw declared the meeting adjourned.

Next Meeting:

February 6, 2006

Respectfully submitted,

Betty Fortune
Planning Secretary