Planning: August 21, 2006

August 21, 2006

Nelson County Board of Zoning Appeals
Meeting Minutes
August 21, 2006

Members Present: John Bradshaw, Kim Cash, Goffrey Miles, Linda    Russell, 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: Two corrections were made to the minutes of August 7, 2006: Variance #2006-004 – “Ms. Russell made a motion to grant an extension to Variance #2005-004 for Lars and Anne Lerebourg until September 1, 2007…” and Variance #2006-004 – “ 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.” Minutes were then approved as amended (4-0) with Messrs. Childs and Moyer abstaining.

Variance #2006-005 – Bliss Wade

Mr. Boger reported that Mr. Wade is appealing the Zoning Administrator’s denial of a zoning permit to allow the replacement of a single-wide manufactured home with a new double-wide modular home on property identified as Tax Map #22-A-69A. The zoning permit was denied because the new manufactured home could not comply with the front and rear yard setback requirements. Mr. Wade is requesting variances to Section 4-3, Setback Regulations, and Section 4-5-2, Rear, to reduce the required setbacks to:
•   Front: 37.1 feet on the south front corner; and
•   Rear: 22 feet on the north rear corner and 11 feet on the south rear corner.

Until a recent survey was done, Mr. Wade assumed he had one (1) acre of land, which is what he is taxed for. The survey revealed he had only 0.401 acres. The irregular shape of the lot and the reduced lot size make it impossible for him to upgrade his living condition without a variance to setback requirements. There is 100-year floodplain zoning in close proximity to the dwelling; however, Mr. Thomas Brooks of Acres of Virginia, Inc. has submitted a statement saying that it is his professional opinion that the existing trailer is not located within the 100-year flood hazard zone. In addition, Mr. David Gunn, Floodplain Mapping Manager with the Virginia Department of Conservation and Recreation, has stated by letter that it seems likely that FEMA would grant a Letter of Map Amendment if it is applied for in this situation since it does not appear this property is within the floodplain.

Mr. Boger recommends approval of the variance, based on the following criteria:
•   The strict application of the zoning ordinance in this case will produce an undue hardship on the applicant by preventing him to place a new home on his property without setback reductions.
•   The hardship in this case does not appear to be a recurring problem with other properties in this small community.
•   The granting of this variance will not be detrimental to adjacent properties and will not change the character of the area in a negative sense. Rather, it will improve the area.

Ms. Russell clarified that the front setback is nonconforming at this time and will remain that way with the new home. The rear setback is conforming now, but will be nonconforming with the new home. Mr. Boger agreed, and added that the reduction in the acreage contributed to the nonconformance. Ms. Russell asked if a final plat had been prepared since the only one available is a preliminary, unsigned plat. Mr. Boger said that a final plat is not a requirement since this is not a subdivision.

Mr. Brooks of Acres of Virginia, Inc. showed a final plat of the property and photographs of Mr. Wade’s existing home and the home he hopes to purchase if this variance is approved. He requested that the front setback be reduced from 55 feet to 35.7 feet, which is more than originally requested (37.1 feet). The new home cannot be located further north because of a large rock the current home is sitting on.

Ms. Russell asked about the possibility that the mortgage company would require flood insurance. Mr. Brooks said he didn’t think that would happen since a licensed engineer has certified that the property is not in the floodplain. Mr. Gene Flowers of Nelson Homes said that the mortgage is going through Rural Development Mortgage Company and they have accepted statements of floodplain verification.

The public hearing was opened.

Mr. Patrick Hennelly, 663 Bottom Lane, stated that his home is 80 feet farther from the river than Mr. Wade’s and he is required to have flood insurance. He is concerned about the 11 foot setback which leaves a very narrow strip between his property and Mr. Wade’s, and in times of high wind, there could be damage to Mr. Wade’s home from falling branches, debris, etc. He would like some assurance that he wouldn’t be liable for damages from these situations or be required to cut down any of his trees. Mr. Bradshaw stated that this is a personal issue between Mr. Hennelly and Mr. Wade and not within the Board’s jurisdiction to administer.

The public hearing was closed.

Ms. Russell and Ms. Cash stated their support of Staff’s recommendation and that a hardship does exist in this case. They were satisfied with the floodplain determination and were pleased that Mr. Wade would have an improved living situation.

Mr. Boger pointed out that the Board could defer a decision based on the difference in front setback variance applied for and the variance requested at this meeting. Mr. Childs said this wasn’t a significant change and he felt the request should go forward.

Ms. Russell made a motion to grant Variance #2006-005 for Bliss Wade to allow him to replace a single-wide manufactured home with a double-wide modular home by reducing the front setback from 55 feet to 35.7 ft. at the SW front and the rear setback from 25 feet to 21.7 ft. on NE corner and to 11 ft. on the SE corner. Strict application of the zoning ordinance in this case would produce an undue hardship on the applicant and does not appear to encourage problems with other property owners in this small community. It is a situation unique to this lot and would not change the character of the area. Further, it has been determined by a licensed surveyor and representative from FEMA that the property is not within the 100-year floodplain. Mr. Childs provided the second, and motion passed 5-0.

Adjournment
Mr. Bradshaw declared the meeting adjourned at 8:15 P. M.

Next Meeting: September 5, 2006

Respectfully submitted,

Betty M. Fortune, Planning Secretary