Planning: September 5, 2005 Meeting Minutes

September 5, 2005 Meeting Minutes

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

Members Present: John Bradshaw, Kim Cash, 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: Minutes of the August 21, 2006 BZA meeting were reviewed. There were no changes. Ms. Cash made a motion to approve the minutes as submitted, Mr. Moyer provided the second, and motion passed 5-0.

Variance #2006-006 – Jeffrey and Nancy McDonald
Mr. Boger reported that the McDonalds are requesting a variance to zoning ordinance Section 4-1-12, Accessory uses as defined, and Section 2-2, Accessory use or structure, to allow construction of a 50’ x 30’ storage building prior to construction of the primary building. The intended use is for building materials and household goods storage until the residence is built, which they plan to start in the spring of 2007. The property is located at the intersection of Falls Lane and Fortune’s Cove Lane, Tax Map #57-4-3. Staff has no objection to granting the variance, considering the stated plans to build.

Mr. McDonald stated that access to the property will be from Falls Lane, approximately 200’ from the road. His plan is to begin the primary structure in spring of 2007. He will be building the storage building himself.

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

Ms. Russell made a motion to approve Variance #2006-006 for Jeffrey and Nancy McDonald for construction of a pole barn/storage building prior to the primary dwelling being built, on the following conditions: 1) construction to start on the primary dwelling by October 1, 2007; and 2) the pole barn/storage building will not be used as a residence. Ms. Cash provided the second, and motion passed 5-0.

Mr. McDonald said he would be in touch with Mr. Boger if he was unable to start building the primary residence by October 1, 2007.

Variance #2006-007 – Chris Windle

Mr. Boger reported that Mr. Windle is requesting a variance to zoning ordinance Sections 4-1-12 and 2-2 in order to erect an accessory building prior to construction of the primary building. His property is located at the end of White Lane in Riverbend Estates off Rt. 60 in Gladstone, Tax Map #98-1-7B. No time frame has been proposed for the construction of the primary dwelling.

Mr. Windle stated that his primary residence will hopefully be an antique log cabin which will be purchased disassembled and brought to the site for restoration and assembling. The storage barn is needed to keep the logs out of the weather and to provide a place to work on the logs. The proposed barn will be a maximum of 36’ x 36’ of post and beam construction. Electricity will be put in the building in order to operate machinery. He has no estimate of when construction on the cabin might start since it hasn’t been purchased at this time. It could take several months to find one in the condition he’s looking for.

Mr. Childs said he would have no problem granting the variance if Mr. Windle had a more concrete construction date for the cabin. Ms. Russell and Ms. Cash agreed. Ms. Cash asked if it would be better to wait until a cabin is located and then reapply for a variance for the storage barn. Mr. Boger said another option is to design the storage barn to include an efficiency apartment with water and sewer. This would be considered a primary dwelling and no variance would be needed. Mr. Windle said that seemed like a good option and he would give it some thought.

If the applicant’s variance is denied, it will be a year before he may reapply. An option that is available is to withdraw this application and reapply, if necessary, when plans are more concrete. Mr. Windle stated that he felt this was the route to take at this point, and thanked the Board for opening up some new options to him.

Since Mr. Windle withdrew his request, there was no need for a public hearing.

Other Business:
Mr. Boger has received no further information from Mr. Payne concerning legal action against Cynthia Wood. County Attorney Payne has filed legal papers on Ms. Wood since his report in July which indicated she would seek approval from the Health Department for an Envirolet to be used in conjunction with her camper. The Health Department has no record of her applying for this permit

Mr. Boger also notified the Board that this type of variance requested tonight (accessory building constructed before primary dwelling) can no longer be issued by the BZA. He is recommending to the Board of Supervisors that an amendment to the Zoning Ordinance be enacted which would allow the BZA to use a Special Use Permit instead.

Adjournment
At 8:15 Ms. Russell made a motion to adjourn the meeting, Ms. Cash provided the second, and motion passed 5-0.

Next Meeting: October 2, 2006

Respectfully submitted,

Betty M. Fortune, Planning Secretary