Planning: June 5, 2006 Meeting Minutes

June 5, 2006 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
June 5, 2006

Members Present: John Bradshaw, Kim Cash, Goffrey Miles, Gifford Childs, Linda Russell, 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: On a motion by Ms. Cash, seconded by Mr. Miles, with Ms. Russell abstaining, minutes from May 1, 2006 were approved by    a vote of 5-0.

Variance #2006-002 – T & E Properties, Inc. (Continuation from May meeting.)

Mr. Boger reported that a revised plat was received showing that Lot 2 has 22,999.68 sq. ft. and Lot 1 has 19,602,00 sq. ft.. The center line between the two lots has been revised. No signatures have been placed on the plat at this time and no notarized statement from Mr. Sullivan had been received as requested in the May meeting.

Mr. Michael Arthur, representing T & E Properties, Inc., said that Mr. Sullivan is present at the meeting tonight, so the statement is not necessary. The property line was changed to a straight line so that a fence could be built between the two properties. The final subdivision plat will be submitted for Mr. Boger’s signature and recording. Mr. Arthur has a notarized “Real Estate Contract of Purchase” signed by Mr. Sullivan. The Board reviewed the contract and felt it contained the necessary information.

Ms. Russell asked if there was sufficient road frontage on lot 2 for a driveway and whether that driveway would be too close to the church entrance (Hebron Baptist Church). Mr. Boger said they could share a driveway. Ms. Russell also asked where the septic system is located. Mr. Boger said it is an existing septic system and that the plat will meet the subdivision ordinance requirements once the variance is approved.

Ms. Russell pointed out that the plat shows Annie Sullivan is the owner; however, the current owner is Michael Sullivan. The plat needs to be corrected. Mr. Bradshaw reviewed the contract and said it seems to be appropriate. It has been signed by both parties and notarized as requested by the Board in May. Mr. Arthur said Mr. Sullivan has consulted legal council regarding the sales transaction, and this contract is the result.

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

Ms. Russell expressed concern about the location of the septic system. There was originally an agreement for joint use of the septic and well which was on Mrs. Sullivan’s property. Since the plat doesn’t show the location, they could be on separate lots which could cause problems in the future. (Mr. Henderson who accompanied Mr. Sullivan pointed out the septic location on the overhead of the plat. It is located at the front of the dwelling on lot 2.) Mr. Bradshaw said the well and septic issue must be addressed in the deed and is not part of the variance request process.

Mr. Childs said that the BZA’s role is to determine whether the division of the property is appropriate. Mr. Boger said this is basically a boundary line adjustment and the County cannot require that the septic field location be placed on the plat. The issue is whether the buyers can reduce and increase the square footage of the lots in order to provide road frontage for both lots. They will still be non-conforming, but will provide road frontage.

Ms. Cash made a motion to grant approval of variance #2006-002 to complete a boundary line adjustment between Tax Map #12-A-12 and #12-A-13, as shown on the plat dated 05-15-06. The name of the property owner needs to be corrected to Michael Sullivan and a note placed on the plat showing the date the variance was granted (June 5, 2006). Mr. Childs provided the second, and motion passed 3-2 with Mr. Childs, Ms. Cash, and Mr. Miles voting yes and Ms. Russell and Mr. Bradshaw voting no.

Special Use Permit #2006-002 – Piney River Baptist Church

Mr. Boger reported that the church wishes to replace a window with a door on the second floor and construct a set of stairs on the outside of the church extending from that door to ground level. This is a non-residential building which is located within the 100 year flood plain; however, the addition of these stairs should have low impact on flood elevation, if the situation arises. Mr. Fred Wood was present to represent the church. Mr. Boger stated that Mr. Gunn from FEMA had no problem with this addition.

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

Mr. Childs made a motion to approve Special Use Permit #2006-002 for Piney River Baptist Church for the addition of the proposed stairway shown on the construction drawing. Ms. Cash provided the second, and motion passed 5-0.

Other Business

Mr. Boger gave updates on the following BZA cases:
1)   Variance #2005-007 – Shumaker - The home has been destroyed.
2)   Variance #2004-002 – Wood – The travel trailer has not been removed, and violation has been turned over to County Attorney Payne who will proceed with action against Ms. Wood.
3)   Variance #2005-010 – Mathias – Has requested a one-year extension. Will be addressed in July meeting.
4)   Variance #2005-004 – Lerebourg – Has requested a one-year extension. Will be addressed in July meeting.
5)   Variance #2005-011 – Sycamore Island/Baldwin – Deadline for removing dwellings is June 15. No word has been received from Mr. Baldwin. No building permits for tree houses has been applied for.

Adjournment
Mr. Bradshaw declared the meeting adjourned at 8:10 P. M.

Next Meeting: July 3, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary

Note: Recording equipment was not available for this meeting.