Planning: May 1, 2006 Meeting Minutes

May 1, 2006 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
May 1, 2006

Members Present: John Bradshaw, Kim Cash, Goffrey Miles, Gifford Childs, 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 January 3 were further corrected to reflect a vote of 5-0 rather than 6-0. Mrs. Cash made a motion to approve the minutes as amended, Mr. Childs provided the second, and motion passed 5-0.

One correction was made to minutes of February 6, 2006 for Special Use Permit #2006-001: Mrs. Cash asked if Building Inspectors would deal with security anchoring of the tables. Mr. Boger said a design would need to be submitted for the security anchoring of the gazebo, tables, benches, lath shed, etc. Mr. Moyer made a motion to approve the minutes as amended, Mr. Miles provided the second, and motion passed 4-0, with Mr. Childs abstaining.

Zoning Interpretation #2006-001 – Robert Widra & Carole Listurti

Mr. Bradshaw stated that Mr. Widra is appealing the Zoning Administrator’s denial of a zoning permit, pursuant to Section 4-11-1 of the zoning ordinance, to place a 26 foot self-contained camper on his property, identified as Tax Map #69-A, Parcel 100A, without connecting it to an installed septic tank. The property is located on the south side of Route 648 approximately 1 mile east of Route 56.

Mr. Boger reported that the zoning ordinance states: Temporary placement of a travel trailer not to exceed three (3) years and temporary occupancy not to exceed thirty (30) consecutive days at any one time. A zoning permit will not be issued until a septic tank has been installed. Mr. Widra contacted the Health Department about his plan to store all wastewater in the storage tank of his camper and discharge it at an approved dump station. Mr. Eick of the Health Department notified Mr. Widra that no additional sewage disposal facilities are required if this process is used.

Mr. Boger received a letter today from an adjoining property owner which contradicts information received from the applicant. Apparently the camper has been there for approximately 2 years without any type of permit. In addition, a bridge has been constructed without a permit from the Army Corps of Engineers. The Board must decide whether a hardship exists in this case.

Mr. Boger referred to a previous variance which allowed the applicant to place a travel trailer on property they were planning to build on, without use of a septic system. A time frame was stated for construction to begin (1 year) and as of this date, no attempt has been made to build. This case has been turned over to the County Attorney for further action.

Mr. Widra then stated that the letter was written by Ms. Carolyn Becker who is not a resident of Nelson County. The land she refers to was apparently her family’s property which had been placed on the market to pay arrears taxes. Mr. Widra made an offer to the family for purchasing the property and Ms. Becker was very upset about it. Mr. Widra stated that he didn’t know he needed a permit for the trailer which he has moved on and off the property for 2 years. He hasn’t decided on a house site at this time and would prefer not to spend money on a system that may not be located where the house will be built. He uses the Colleen Exxon for restroom facilities at this time. He uses the camper one or two weekends a month. As far as the bridge is concerned, he has dumped some stones in the creek in order to get a tractor across. This is on his property, not the neighbor’s. He said he would agree to a temporary septic system, if such a thing exists.

Mrs. Cash confirmed that the property was bought about 2 years ago and that the trailer has been there about a year. Mr. Widra stated that he has used the trailer on holidays and for hunting weeks/weekends and then for the entire summer. Approximately 4 acres in pines have been cut from the property. He was told by one of the loggers that he should put a pipe in the stream to make it easier to get across, but he wasn’t aware that a permit was needed. The trailer can be seen from the road in winter, but not in summer.

Mrs. Cash asked if they plan to start building by the Spring of 2008 and Mr. Widra said he hasn’t been over all the property enough to decide where to build.

Mr. Miles said that the issue before the BZA is the septic system and questioned why a variance is needed if the Health Department has approved the Widra’s method of waste disposal. Mr. Bradshaw asked if the applicant has receipts for dumping waste and Mr. Widra said that campgrounds don’t charge for dumping waste and that the closest one is at Lake Nelson.

The public hearing was opened.

Mr. George Gifford is the owner of adjoining property identified as tax map #69-A-1 & 2. He has concerns about the possibility of waste being dumped into the branch that connects to Meadow Creek at the border of his property and the Widra’s. He asked if the County would monitor the disposal of the waste from the portable tank inside the trailer. Mr. Bradshaw responded that the County does not monitor this disposal; it is the responsibility of the owner to dispose of waste properly.

(At this point Mr. Bradshaw asked that Mr. Widra and Ms. Listurti take an oath that information they have provided was the truth.)

The public hearing was closed.

Mr. Childs said he was inclined to agree with the zoning interpretation that a septic system is needed. Mr. Bradshaw said he hated to see the applicant put out money for a septic tank that may not meet his needs in the future. On the other hand, he upholds the ordinance also. Mrs. Cash stated that the trailer has been there for 1 year already, the applicant is asking for 2 additional years, and she feels 3 years is too long a period to use a sewer caddy that possibly has no maintenance. She suggested that Mr. Widra consider an alternative septic system.

Mr. Widra asked when the trailer would need to be moved. Mrs. Cash replied that the ordinance states a maximum of 30 days and Mr. Widra asked if he could just move it every 30 days and still be in compliance. Mrs. Cash said that could be done, but an alternative septic system would be a better choice.

Mr. Childs said that if the zoning interpretation is upheld, the applicant has the option of moving the trailer every 30 days or decide where to build so that the septic system can be installed. Mr. Moyer asked how long he would have to move it off the site before returning it, and it was determined that the zoning ordinance does not specify a time frame.

Mrs. Cash made a motion to uphold the Zoning Administrator’s interpretation that a travel trailer cannot be parked on property more than 30 days at a time without a septic system. Mr. Childs provided the second, and motion passed 5-0.

Other Business
There was a brief discussion regarding the updates on past cases that had been provided by the Planning Secretary. Mr. Boger will visit the Shumaker site at his earliest convenience to confirm that all demolition and clean-up has been done.

Variance #2006-002 – Michael Arthur, Agent for T & E Properties

Mr. Bradshaw stated that Mr. Arthur is appealing the Zoning Administrator’s denial of zoning approval to complete a boundary line adjustment for two lots identified as Tax Map #7-A, parcels 12 and 13. The properties are located at 571 & 581 Avon Road (Rt. 638).

Mr. Boger stated that the applicant wants to do this boundary line adjustment in order to have road frontage for both lots, which are non-conforming lots. The irregular shape of the two lots and the location of the two dwellings on the lots are existing conditions and may be a hardship, which could justify granting of the variance as requested.

Mr. Mike Nichols prepared the plat and confirmed Mr. Boger’s summary of the situation. (Mr. Bradshaw swore him in.) The well and septic systems are used by both residents through a deeded agreement, similar to an easement agreement. Mr. Michael Arthur was also present to represent T & E Properties, Inc.

The public hearing was opened.

Mr. Robert Henderson spoke for Michael Sullivan (owner of one of the two lots) who could not attend the meeting. He said the landowners have a verbal agreement to divide the property and share use of water and sewer. He said that Mr. Sullivan has seen the plat, but will not give final approval until after meeting with a lawyer. Mr. Henderson doesn’t agree with the plat as drawn, stating that it the division line doesn’t seem to be what Mr. Sullivan expects.

As a result of this was new information, Mr. Boger suggested that the Board could defer a decision until the final plat has been agreed upon. Mrs. Cash agreed that both parties involved needed to agree on the change and asked that Mr. Sullivan submit a notarized statement to that effect if he’s unable to attend the future meeting.

The public hearing was closed.

Mr. Bradshaw confirmed with Mr. Nichols and Mr. Arthur that a final plat needs to be submitted, as well as a notarized document from Mr. Sullivan agreeing to the property division, if he is unable to attend the meeting. A signed contract between all parties would also be acceptable, along with the plat.

Mrs. Cash made a motion to defer Variance #2006-002 for T & E Properties, Inc. until the next meeting (June 5, 2006). Mr. Moyer provided the second and motion passed 5-0.

Adjournment

At 8:45 Mr. Bradshaw declared the meeting adjourned.

Next Meeting: June 5, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

BZA-05/01/06