Planning: July 2, 2007 Meeting Minutes

July 2, 2007 Meeting Minutes

Board of Zoning Appeals
Meeting Minutes
July 2, 2007

Members Present:     John Bradshaw, Kim Cash, Linda Russell, Gifford Childs, 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 June 4, 2007 BZA meeting were reviewed. Editorial corrections were made on the following pages: Pg. 2 – Ms. Bradshaw corrected to Mr. Bradshaw; Pg. 3 - …1992 accition… corrected to …1992 addition….; Pg. 3 - …BFE is at least 1’ below the footings of the addition changed to …addition would be in compliance with BFE requirements. Ms. Cash made a motion to approve the minutes as corrected, Ms. Russell provided the second, and motion passed 5-0.

Special Use Permit #2007-005 – James Butcher (Continued from March, 2007)

[Previous Variance #2007-001 requested in order to retain an existing storage shed prior to the primary dwelling being built. The property is located on Dutch Creek Lane, Tax Map #59-A-19A .]

Mr. Boger reported that this request was held pending the approval of Zoning Ordinance amendments which subsequently became effective June 1, 2007.

There is still the possibility that the shed is located in the floodplain, which is a concern.

Mr. Butcher, applicant, said that he feels the shed is outside the floodplain. The Health Department has determined the drain field location for the future home, which is outside the floodplain. The shed will be moved or taken down when the primary dwelling is built, if it is determined that the location is within the floodplain. Clearing of the building site for the home has begun and it is anticipated that the foundation will be laid sometime this year. Mr. Bradshaw confirmed with the applicant that the shed can stay at its present location if it is determined that it is out of the floodplain.

[The public hearing had been held in March.]

Ms. Cash made a motion to approve Special Use Permit #2007-005 for James Butcher’s property located on Dutch Creek Lane (Rt. 641) to permit an existing shed to be used for storage, with the following conditions: (1) the shed is not to be used for residential purposes; (2) construction of the main structure will begin within one year; and (3) following construction of the main structure, the shed will either be moved or provide proof to the Planning Director that the shed is not within the 100-year floodplain. Mr. Moyer provided the second and motion passed 5-0.

Special Use Permit #2007-006 – Everett Thompson

Mr. Boger reported that Mr. Thompson is requesting a SUP to place a 12’ x 28’ storage building on his property located on Hickory Creek Road, Lot #2 in the Hickory Creek Subdivision (a portion of Tax Map #35-A-27). Mr. Thompson plans to erect a primary dwelling within a year and the shed will be used to store personal effects, tools, building supplies and equipment, etc.

Mr. Bradshaw abstained from commenting or voting since he is an adjoining property owner.

Mr. Thompson, applicant, said that the closing for the property has been delayed, but he has full intentions of purchasing the property. A drain field has already been located for the primary dwelling and Mr. Thompson agreed that the shed would not be used for residential purposes, construction on the primary dwelling would begin within one year, and that the SUP is non-transferable between owners.

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

Mr. Childs made a motion to approve Special Use Permit #2007-006 for Everett Thompson to allow a 12’ x 28’ storage building to be located on property on Hickory Creek Road with the following conditions: (1) the building cannot be used for residential purposes; (2) construction of the main dwelling will begin with one year; and (3) the Special Use Permit is non-transferable. Ms. Russell provided the second, and motion passed 4-0 with Mr. Bradshaw abstaining.

At 8:15 o’clock P. M., Ms. Russell made a motion to adjourn and motion passed unanimously.

Respectfully submitted,

Betty M. Fortune
Planning & Zoning Secretary