Planning: November 6, 2006 Meeting Minutes

November 6, 2006 Meeting Minutes

Board of Zoning Appeals
Meeting Minutes
November 6, 2006

Members Present: John Bradshaw, Kim Cash, Linda Russell, Gifford Childs, Goffrey Miles, 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. Mr. Bradshaw announced that there have been two withdrawals        – Special Use Permit #2006-004 for W. David Brooks and Variance #2006-009 for William F. Thompson.

Approval of Minutes: Minutes of the September 5, 2006 BZA meeting were reviewed. There were no changes. Mr. Childs made a motion to approve    the minutes as submitted, Ms. Cash provided the second, and motion passed 5-0.

1.   Variance #2006-010 – Gene A. Allen

Mr. Boger reported that Mr. Allen is requesting a variance to convert a manufactured home recently relocated to his property (282 Claypool Road, Roseland) into a storage building. The manufactured home is in good shape, considering its age. Mr. Allen appears to be in the process of painting the exterior of the structure, which is not connected to any utilities, as far as staff can determine, and is not being used for residential purposes. The one-acre lot currently has a primary residence and Mr. Allen wishes to use the manufactured home for storage.

Mr. Allen said that he didn’t want to put the manufactured home close to the house and that no one will be living it. It is to be used mainly for storage of clothing.

Mr. Bradshaw asked if the manufactured home is on the same lot as the primary dwelling. Mr. Allen said he didn’t know. He was assuming it was. He owns property on both sides of the one-acre parcel. The trailer was placed there three or four months ago and it has not moved position.

Ms. Cash noted that the copy of the plat submitted with the application showed dimensions and location, which indicates that the manufactured home was very close to the main dwelling. Mr. Allen said he had never seen that before and someone must have drawn it in because he didn’t. (Note: Mr. Boger helped Mr. Allen complete the application in the office, and Mr. Allen drew the location of the manufactured home on the plat at that time.)

Mr. Bradshaw stated that the ordinance requires that in order to use a manufactured home as storage, it must be located on the same property as the main dwelling. If it is not, the options are to vacate the property line between his parcels of land and leave the manufactured home where it is or to provide documentation showing that the manufactured home is on the same property and within a 5-foot setback from the property line.

Mr. Allen became very agitated and asked that the Board members come out and determine where the property line is and tell him whether the manufactured home needed to be moved or not. Ms. Cash stated to Mr. Allen that he had a recent survey that was done by Saunders’ Surveys, Inc. He would need to find the stakes and determine where the trailer is located, which must be at least 5 ft. within the property line of the one acre parcel.

Mr. Allen stated several times that he had had problems with Mr. Boger from years past and he really didn’t know why he had to go through all this just to get a storage building. Mr. Bradshaw reminded Mr. Allen that Mr. Boger had reported to the Board that he had no problem with the request, as submitted, but that the Board had questions that could only be answered by submittal of a plat showing the exact location of the manufactured home, including the distance from the side property line of the parcel on which his home is located. No decision could be made until the Board receives this information.

Mr. Eddie Vanison, a friend of Mr. Allen, said he would help Mr. Allen locate the property line and they would get back in touch with Mr. Boger.

Ms. Russell made a motion to defer Variance #2006-010 for Gene A. Allen until December 4, 2006 at 7:30 P. M. The Board agreed unanimously to this motion.

Other Business

Mr. Boger told the Board that Cynthia Wood’s violation of her variance agreement will be going to court this month. Ms. Cash noted that Regina Maloney has completed the new shed for which a variance was granted earlier this year; however, the old shed is still in place. Mr. Boger agreed to send Ms. Maloney a reminder letter.

Adjournment
At 8:05 the meeting of the Nelson County Board of Zoning Appeals was adjourned by consensus of all members.

Next Meeting – December 4, 2006

Respectfully submitted,

Betty M. Fortune
Planning Secretary