Planning: July 3, 2006 Meeting Minutes

July 3, 2006 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
July 3, 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. Childs, minutes from June 5, 2006 were approved by a vote of 5-0.

Variance #2006-003 – Regina Maloney

Mr. Boger reported that Ms. Maloney of 2244 Crabtree Falls Highway, Massies Mill, is requesting a variance to Article 10, Section 4.1.A of the zoning ordinance, General Provisions, Permit requirement, which prohibits construction activity within a floodway. Ms. Maloney wishes to construct a 240 sq. ft. tool/storage shed on property identified as Tax Map #55A-1-E-18, which is within the 100-year flood plain. In Mr. Boger’s opinion, the structure should not have any impact on the Base Flood Elevation and it doesn’t involve residential use. The structure will be stick built and the owner should make sure it is properly anchored down.

Ms. Russell asked how many feet above the BFE the structure would be and Mr. Boger replied that it would be impossible to tell without a survey, which would be very costly. The property size is one-half acre. Ms. Russell said there is already one shed on the property and asked whether it would remain on the property.

Ms. Maloney said the present building is an 8’ x 8’ shed which is now full of tools and yard equipment. She may do away with this shed when the new one is completed. They started construction on the new shed without knowing that a building permit was required, and during the process of getting the permit and waiting for the variance, the wind blew the new building down. Ms. Maloney said the house is approximately 300’ from the river. High water usually comes from Old Mill Stream at the back of the property rather than from the river.

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

Mr. Childs said he would be less concerned about the new building if the existing building is removed because there would be less impact in case of high water. Mr. Maloney said they are planning to remove that building when the new one is finished. He is aware that the building must be portable and anchored.

Ms. Cash said that while it is not desirable to add to the BFE, she doesn’t feel the applicant should be penalized because she lives in that particular area of Massies Mill. Consequently, she made a motion to approve Variance #2006-003 to allow construction of a 12’ x 24’ storage building at 2244 Crabtree Falls Highway, on the condition that the existing metal shed be removed within 90 days of completion of the new shed. Mr. Childs provided the second, and motion passed 4-1, with Ms. Russell voting no.

Variance #2005-010 – Elizabeth Mathias
Mr. Boger reported that Ms. Mathias built a portable shed on her property located on Dutch Creek Lane, Tax Map #59-A-19A. A variance was approved in June, 2005 which allowed the shed to be built before the primary dwelling, on condition that construction of the primary dwelling be started within one year. Ms. Mathias has now sold her home in Charlottesville; however, no plans have been submitted to the Building Inspector for approval. Ms. Mathias is asking for a one-year extension of the conditions of the variance.

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

The Board indicated that there was not enough information available to make a decision at this time. Consequently, Ms. Cash made a motion to defer this request to the August meeting. Mr. Miles provided the second. Ms. Cash amended the motion to include a request that the applicant be present for discussion. Mr. Miles again provided the second, and motion passed 5-0.

Variance #2005-004 – Lars & Anne Lerebourg
Mr. Boger reported that the Lerebourgs have begun construction of a storage shed on their property located on Cub Creek Road, Tax Map #31-8-1. A variance was approved in March, 2005 which allowed the shed to be built before the primary dwelling, on condition that construction of the primary dwelling be started within one year. At this time the shed is approximately 1/3 finished, according to the Lerebourgs, and no building plans have begun. The Lerebourgs are asking for a one-year extension of the conditions of the variance.

Ms. Cash made a motion to defer this request to the August meeting with a request that the applicant be present to provide the current status of the building project. Ms. Russell provided the second and motion passed 5-0.

Other Business

Mr. Boger gave updates on the following BZA cases:
1)   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. Ms. Wood has reported to the Planning Office that she will install an Envirolet toilet and some type of water system from an existing spring. Ms. Wood has violated the conditions of the variance, and County Attorney has been advised to move forward with the case. Ms. Russell asked if the County could remove the trailer and put a lien on the property. Mr. Boger said that it could be done if ordered by the Judge, but would be costly to the County to do so due to legal fees, etc.
2)   Variance #2005-011 – Sycamore Island/Baldwin – Cabins have been dismantled and all construction material remaining on site has been securely anchored in case of high water. Mr. Baldwin advises that in the near future he will be applying for building permits for the tree houses.

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

Next Meeting: August 7, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary