Planning: February 6, 2006 Meeting Minutes

February 6, 2006 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
February 6, 2006

Members Present: John Bradshaw, Kim Cash, 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 reflected a vote of 6-0 for the motion on approving minutes. This should have been 5-0 and will be corrected. The minutes of January 3 were reviewed and correction made on the vote for Variance #2005-011: Mr. Childs provided the second, and    motion passed 6-0 5-0.

Election of Officers:   Mr. Bradshaw opened the floor for nominations for Recording Secretary. Ms. Russell made a motion to nominate Mrs. Betty    Fortune as Recording Secretary, Mr. Miles provided the second, and motion passed 5-0. Mr. Miles nominated Mr. Gifford Childs as Vice Chair, Ms. Russell provided the second, and motion passed 5-0. Ms. Russell nominated Mr. John Bradshaw as Chair, Mr. Miles provided the second, and motion passed 4-0, with Mr. Bradshaw abstaining.

Introduction: Mr. Bradshaw welcomed Mr. Allen Hale who is now the East District Supervisor.

1.   Special Use Permit #2006-001 – Garden Trade LLC

Mr. Bradshaw stated that his wife has family connections with the owner of the property currently known as Walton’s Mountain Country Store; therefore, he abstained from any discussion or vote on this SUP. In the absence of Mr. Childs, Vice Chair, Mr. Bradshaw asked Ms. Russell to preside over the discussion on this application.

Ms. Russell stated that Mr. Robert Ballard and Mrs. Susan B. Viemeister are requesting a SUP to construct a number of site improvements at the former Walton’s Mountain Country Store located at 71 River Road (Woods Mill). Mr. Boger reported that the WMCS is now closed and the applicant has submitted a plan for a greenhouse to be attached to the existing structure. The property is located within the 100 year floodplain of the Rockfish River.

Mr. Boger has talked with David Gunn of the Virginia Department of Conservation and Recreation (DCR) who has no problem with the project. There is no change in the existing building and the walls for other structures will be fabric or detachable. They could be constructed with break-away sides which would collapse in a flood situation or designed to be raised above the BFE. The display tables mustmust be anchored down to prevent flotation during a flood event. If the applicants can overcome the floodplain concerns, the project would have a very positive impact for this area of the County.    Staff supports the project which will be accomplished in two steps – first BZA considerationconsideration of the floodplain issue and then the PC for the site plan.

Mrs. Cash asked about the materials to be used in the sheds being built, how materials will be secured and the number of sheds to be built. Mr. Boger said there would be 2 sheds, one being a gazebo which will have a floor and open sides. The shed to the rear of the main building will be subject to Building Inspections requirements.

The Base Flood Elevation is the bottom of the sign located across route 6 located across Route 6, as shown in the photograph Mr. Boger distributed. Delivery traffic will go behind the main building. The duplex on the property is a pre-existing rental property. Mr. Boger stated he was concerned about the security of plant material stored in the open sheds. The applicant will address this issue.

Mrs. Cash asked if Building Inspections would deal with anchoring of the tables, etc. Mr. Boger said a design would need to be submitted for the anchoring of the gazebo, tables, benches, lath shed, etc. B. I. will inspect all framing.

Ms. Russell asked whether Health Department issues have been addressed. Mr. Boger said the applicant will coordinate well and septic issues with the H. D. Further, VDOT will also be concerned with the entrance to the property. Ms. Russell asked if there was a plat of the property and Mr. Boger said that he did not have one in the filehe did not have one in the file. She also asked about what appears to be drainage tiles coming out of the hill behind the store and was told by Mr. Ballard (applicant) that this was originally for overflow from a spring box located at the top of the hill. This spring box has been abandoned and no overflow comes out of these tiles now.

The applicants were present and stated they had been meeting with several greenhouse companies who can meet their design requirements. The outside structures will be open most of the growing season and buttoned down during cool weather. The rear shed will be secured in such a way that water could pass through, if necessary. Pottery will be stored and displayed there.

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

Ms. Russell said she felt this is a wonderful use of the building and realizes the applicant will have building issues to surmount regarding the additional structures being in the floodplain. Mrs. Cash agreed and added that VDOT requirements must also be met. Mr. Boger said the site plan will be submitted to the Planning Commission in February and VDOT issues will be addressed then.

Ms. Cash made a motion to approve Special Use Permit #2005-001 for Garden Trade, LLC, for construction of a number of site improvements at the former Walton’s Mountain Country Store located at 71 River Road, which is located within the 100 year floodplain of the Rockfish River, with two conditions: 1) applicant receives approval from Building Inspections for construction of all structures; 2) applicant receives approval from Building Inspections and Planning & Zoning for all anchoring. Mr. Miles provided the second, and motion passed 4-0, with Mr. Bradshaw abstaining.

Other Business
Mr. Boger stated he had not had time to follow up on previous variances for Shumaker and Wood. Ms. Russell asked what options were available if they have not complied with the conditions of the variances and Mr. Boger said the County could take them to court and the Judge would order compliance. Mr. Boger has talked with the new Building Official, Mark Boldt, about tree houses on Sycamore Island. Mr. Boldt is concerned about the proposed anchoring and whether they can meet building requirements. The building permit has not been applied for at this time.

Adjournment
At 8:15, Mrs. Cash made a motion to adjourn, Mr. Miles provided the second, and motion passed 5-0.

Next Meeting: March 6, 2006

Respectfully submitted,

Betty M. Fortune
Recording Secretary