Planning: Board of Zoning Appeals Meeting Minutes-August 6, 2007

Board of Zoning Appeals Meeting Minutes-August 6, 2007

Board of Zoning Appeals
Meeting Minutes
August 6, 2007

Members Present:     John Bradshaw, Kim Cash, Goffrey Miles and Ron Moyer, Alternate

Members Absent:    Gifford Childs and Linda Russell

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 July 2, 2007 BZA meeting were reviewed. Ms. Cash made a motion to approve the minutes as submitted, Mr. Miles provided the second, and motion passed 4-0.

Variance #2007-007 – Herbert Campbell

Mr. Boger reported that Mr. Campbell is appealing the Zoning Administrator’s denial of a zoning permit for the construction of a new garage/storage building on his property located at 5691 Howardsville Turnpike, Afton (Tax Map #3A1-1-F12). The property has two front yards, one on Howardsville Turnpike and the other on Russell Way. The County Attorney determined in an earlier case that accessory buildings may not be located in the required front yard due to the definition of “front yard” in Section 2-93-1 of the zoning ordinance. Mr. Campbell is requesting a reduction of the front yard variance from 75 feet to 35 feet on Russell Way in order to construct the garage/storage building.

Staff visited the site and has determined that due to the physical characteristics of the lots, location of the well, sanitary sewage system and reserve drainfield, the proposed location appears to be appropriate for this building. However, it is the Board’s decision whether there is sufficient hardship to warrant this variance.

Mr. Campbell said this is his retirement home. He has tried to find a location for the garage that would be closer to the home; however, the topography of the property prevents it. His wife is disabled and he wishes to elevate the garage so that it is even with the 3rd floor of the house with a walkway from the garage to that floor. This would enable his wife to move from the car to their living quarters without using steps. He plans a 36’ x 36’ garage which would house two vehicles and possibly a wood-working shop. The distance from the garage to the house will be approximately 15-20 feet.   No residential use is planned for the garage at this time; however, the loft area could be used for hobby and storage purposes. If more living space is needed, he will add to the house itself. Mr. Miles noted that there isn’t much flexibility in where the garage can be located.

The public hearing was opened and closed, with no comment from the public.

Ms. Cash said she understands the need for easier access into the home, but recognizes that this is a large building (1272 sq. ft.) with other potential uses. Mr. Moyer stated that if the size of the garage could be reduced and built closer to the house, it would be more in compliance with setback requirements.

Mr. Campbell said he bought the property in November, 2006, which consisted of the house and three small lots. Russell Way is a private road maintained by another property owner, rather than a County or State-maintained road.

Ms. Cash made a motion to grant Variance #2007-007 for Herbert Campbell to permit construction of a garage with a front setback of 35’ from Russell Way rather than the required 75’, for property located at 5691 Howardsville Turnpike, Afton. Mr. Moyer provided the second, and motion passed 4-0.

Variance #2007-008 – Gerald W. Marrs – Interpretation of Section 4-11-1 of the Zoning Ordinance

Mr. Boger reported that Mr. Marrs recently applied for an electrical permit for his travel trailer which has been located on Fish Hatchery Lane (Tax Map #26-5-3) for about four years. The zoning permit was denied because the trailer is not connected to a septic tank as required by Section 4-11-1 of the Zoning Ordinance (Temporary placement of a travel trailer not to exceed (3) years and temporary occupancy not to exceed thirty (30) consecutive days at any one time. A zoning permit will not be issued until a septic tank has been installed.) Mr. Marrs is appealing Mr. Boger’s interpretation of the term “septic tank.” Mr. Marrs indicated that the trailer has an attached septic tank which can be removed to be emptied of its contents at an approved facility.

Mr. Boger stated that the zoning ordinance does not define “septic tank,” but provided the following definition from the Virginia Department of Health Administrative Code:

   "Septic tank" is a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.                                                9VAC25-580-10. Definitions.

In Mr. Boger’s opinion, the tank on the travel trailer does not meet these specifications; therefore, Mr. Marrs will need to install a septic tank as defined and approved by the VDH if he wishes to keep the trailer on this site for an extended period of time. Mr. Boger stated that the reason for the requirement for a septic tank is to prevent sewage from being dumped in streams and on open property.

One citizen letter was received agreeing with Mr. Boger’s interpretation of “septic tank.”

Mr. Marrs said that he agreed with Mr. Boger regarding the definition of septic tank, but feels his holding tank meets those requirements. In a camper, enzymes are put into the toilet and when flushed, go into a holding tank which is removed and taken to an appropriate facility for
dumping. All campers are equipped this way, and he has no intention of dumping sewage in an irresponsible manner. He stated that the trailer has not been on the property for four consecutive

years. He and his family use the trailer frequently, and it is sometimes taken to his residence for repairs because there is no electricity available at the Fish Hatchery Lane site.

Ms. Cash asked Mr. Marrs what his future plans are for the lot. He replied that he may build a cabin at a later date and wanted electricity there so that he wouldn’t have to use a generator during the times the trailer is in use, such as hunting season.

Ms. Cash stated that she has no problem with what Mr. Marrs is requesting, but that this decision has implications for other travel trailers in the County. Mr. Bradshaw stated that the decision could be deferred until next month, with the applicant’s agreement, to give the Board more time to consider these implications so that a decision can be made. Mr. Marrs said he had no objection to this deferral.

Ms. Cash said that a septic tank system works without any action on the part of the owner, once sewage is flushed. Disposal of sewage in a travel trailer is at the discretion of the owner. The Health Department would not approve Mr. Marrs’ tank under the definition stated previously.

Mr. Marrs said that if the Board feels a well and septic system is the best way to go, he will consider doing it.

Mr. Boger said that the Board can request the opinion of the County Attorney in this matter and Mr. Bradshaw felt this was a good idea.

The public hearing was opened and closed with no comment from the public

Ms. Cash made a motion, with the applicant’s agreement, to defer a decision on interpretation of Section 4-11-1 of the Zoning Ordinance until the September 4, 2007 meeting. Mr. Moyer provided the second and motion passed 4-0.

Other Business – None

Adjournment

At 8:30 o’clock P. M., Ms. Russell Cash made a motion to adjourn and motion passed unanimously.

Next Meeting – September 4, 2007

Respectfully submitted,

Betty M. Fortune
Planning & Zoning Secretary