Planning: August 7, 2006

August 7, 2006

Nelson County Board of Zoning Appeals
Meeting Minutes
August 7, 2006

Members Present: John Bradshaw, Kim Cash, Goffrey Miles, Linda    Russell

Members Absent:   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: The minutes of July 3, 2006 were approved as read.

Variance #2005-010 – Elizabeth Mathias
Mr. Boger reported that Ms. Mathias has placed 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 sited before the primary dwelling, on condition that construction of the primary dwelling be started within one year. Ms. Mathias is asking for a one-year extension of the conditions of the variance since her situation has changed in regard to building on the property.

Ms. Mathias stated that her home in Charlottesville has now been sold. She is considering selling the property and definitely plans to sell the portable storage shed she placed there because her work situation does not allow time for her to work on the property. Sale of the shed should take place within the next 3-6 months and then she will either sell or build on the property within a year. Ms. Russell noted that once the shed is sold, there is no further need for a variance. Ms. Cash stated that if the shed is sold along with the property, the new owner would need to apply for a similar variance until the primary structure is built. Ms. Mathias said her goal is to sell the shed as soon as possible.

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

Ms. Russell thought it was reasonable to allow an extension to retain the shed for 4-5 months with the understanding that if the property is sold with the shed in place, the new owners would need to apply for a variance.

Ms. Cash made a motion to grant an extension to Variance #2005-010 allowing Elizabeth Mathias to retain the storage shed on her property until January 1, 2007. If the shed is still in place at the time the property is sold, the variance would not carry over to the new property owner. Ms. Russell provided the second and motion passed 4-0.

Variance #2005-004 – Lars & Anne Lerebourg
Mr. Boger reported that the Lerebourgs have begun construction of a storage barn on their property located on Cub Creek Road, Tax Map #31-8-1. A variance was approved in March, 2005 which allowed the barn to be built before the primary dwelling, on condition that construction of the primary dwelling be started within one year. The Lerebourgs are asking for a one-year extension of the conditions of the variance.

Mr. Lerebourg said that work is progressing slowly on the storage barn. He obtained the building permit for the barn today. He is doing the work himself on weekends while living and working in Virginia Beach during the week. No walls are up, and he hopes to start on the driveway very soon. House plans have not been finalized at this time. He would like to have an extension on the storage barn until next spring since construction may be limited during the winter.

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

Ms. Russell made a motion to grant an extension to Variance #2005-004 for Lars and Anne Lerebourg until September 1, 2007 to begin construction on the primary residence, on condition that the current barn shall not be used as a residence. Mr. Miles provided the second and motion passed 4-0.

Variance #2006-004 – Mary and Josh Stewart-Silver
Mr. Boger reported that the Stewart-Silvers are appealing his denial of a zoning permit to erect a yurt as an accessory structure prior to construction of a main structure (ξ 4-1-12 of zoning ordinance). The property is located on Old Turtle Place, Horizons Subdivision, Tax Map #20-1-27.   Mr. Boger described the construction of a yurt and stated that the Building Inspector has determined a yurt is a structure, as described in ξ 2-85 of the zoning ordinance: “Anything constructed or erected, the use of which requires permanent location on the ground.” The yurt will not be connected to a well or septic system.

Mr. and Mrs. Stewart-Silver said they have consulted with the Health Department regarding alternative septic systems which would be less expensive than a conventional system or composting toilet. They stated that the yurt would not be a permanent structure, but can be removed as needed. They plan to eventually move to Nelson County, but have no definite plans at this time. The yurt would enable them to spend short periods of time on the property. They stated that Horizons Village site plan review committee has approved the yurt structure, contingent on County Health Department regulations being met for waste disposal. They are reluctant to put in a septic system now because they have not decided on a building site.

Ms. Cash said that she has concerns about this structure because of its potentially long-term use in a subdivision which requires septic systems, and none is planned at this time. Short-term use would be more appropriate if there were plans to build a permanent structure in the near future. Mr. Bradshaw pointed out that if a septic system is put in so that the yurt has a bathroom, it may be in the wrong place for a future house site. Mr. Boger added that travel trailers are required to hook up to septic systems.

Mr. Stewart-Silver said the original plan was to have a deck in order to have flooring which yurt walls could be attached to. The plan submitted to the Building Inspector was for a concrete foundation. Further discussion with the B. I. might be fruitful if the foundation plans change.

Ms. Cash said that in opposing this variance she was not trying to discourage the applicants’ use of the land, but is concerned about setting a precedent for other requests to construct an accessory structure without a septic system and definite plans to build a permanent structure.

The public hearing was opened.

George “Bo” Delk stated that he has been studying yurts for over 5 years for possible use in Nelson County. They are normally used for recreational purposes, but may meet some housing needs since they come in all sizes and can be moved to other locations, as needed. They are economical and have good support structure. He added that he was pleased to see that someone was giving them consideration for use.

The public hearing was closed.

After discussion, the Stewart-Silvers asked the Board to postpone a decision until they had time to discuss this further with the Building Inspector and explore sanitary waste options.

Ms. Russell made a motion to defer Variance #2006-004 for Josh and Mary Stewart-Silver until the October meeting, or sooner if requested. Another public hearing would not be necessary. Ms. Cash provided the second and motion passed 4-0.

Adjournment
Mr. Bradshaw declared the meeting adjourned at 8:50 P. M.

Next Meeting: August 21, 2006 (Special Called Meeting)

Respectfully submitted,

Betty M. Fortune, Planning Secretary