Planning: March 5, 2007

March 5, 2007

Board of Zoning Appeals
Meeting Minutes
March 5, 2007

Members Present: John Bradshaw, Kim Cash, Linda Russell, Gifford Childs, Goffrey        Miles, and Ron Moyer, Alternate

Staff Present: Fred M. Boger, Planning Director and Betty Fortune, Secretary

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 January 8, 2007 BZA meeting were reviewed. There were no changes. Ms. Cash made a motion to approve the minutes as submitted, Ms. Russell provided the second, and motion passed 5-0.

Variance #2007-001 – James Butcher

Mr. Boger reported that Mr. Butcher is requesting a variance to Section 2-2 of the Zoning Ordinance, Accessory use or structure, in order to retain a storage building previously placed on property located on Dutch Creek Lane (Rt. 641). The property is further identified as Tax Map #59-A, Parcel 19A. The applicant wishes to store tools and personal items prior to building the primary structure. The property is under contract for sale to Mr. Butcher. The previous owner was given approval for variance #2005-010 for a storage shed and was granted an extension by the BZA until January 1, 2007. At their January 2007 meeting, the BZA gave Mr. Boger permission to notify Ms. Mathias that her extension has expired. Subsequently, the Planning Office received a letter from her requesting a 2-month extension until the sale of her property could go through. Mr. Boger granted that extension by letter.

Mr. Boger stated that there have been recent changes in State law. The BZA can no longer attach conditions to a variance which goes with the land. If the variance is granted for this applicant, the building could remain on the property indefinitely without a primary structure. The Board of Supervisors is in the process of amending the zoning ordinance to allow the BZA to grant a special exception where conditions could be attached to the approval of a variance for this type of accessory building. At this point, there are two options: 1) grant the variance without conditions; or 2) require that the building be removed from the property.

Mr. Boger added that the location of the storage shed that is presently on the property is close to the floodplain. A previous subdivision plat done in 2003 notes that buildings should be 50’ from the bank of the stream/creek. It appears this building is as close as 10’ – 15’ at one corner.

Staff has no problem granting the variance to Mr. Butcher provided the building is not used for residential purposes. Another option would be to defer the decision until the ordinance is amended. Mr. Boger offered to consult with the County Attorney regarding the ability to add conditions to the variance. Ms. Russell said she is unable to support approval of the variance without conditions.

Mr. Butcher, the applicant, said the existing shed is a very nicely built one, and is approximately 10’ x 16’. He would use the building to store tools until and while his home is being built. He has no plans to use the storage shed as a residence. A well already exists on the property, and Mr. Eick of the Health Department has mapped out a drainage area. He plans to retire within 5 years and work on the home could begin fairly quickly.

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

Ms. Cash stated a desire to be able to make this work for Mr. Butcher. Her preference would be to wait for authorization from the BOS to allow the BZA to place conditions on the variance. Mr. Bradshaw asked the applicant if he would consider deferring the decision for several months and Mr. Butcher said he had no problem with the deferment but would like to be able to use the building in the meantime. The Board indicated this would not be a problem.

Ms. Russell said the distance of the building from the creek needs to be determined and a measurement can be taken.

Ms. Russell made a motion to defer the decision on Variance #2007-001 for James Butcher to the June, 2007 meeting, with applicant’s concurrence, to allow time for the Board of Supervisors to approve the proposed amendments to the zoning ordinance. Ms. Cash provided the second, and motion passed 5-0.

Other Business

Mr. Bradshaw announced that Mr. Goffrey Miles has been reappointed to the Board of Zoning Appeals for a term to expire November, 2011.

Adjournment

Mr. Bradshaw declared the meeting adjourned at 8:10 o’clock P. M.

Respectfully submitted,

Betty Fortune, Secretary