Planning: Board of Zoning Appeals Meeting Minutes-November 5, 2007

Board of Zoning Appeals Meeting Minutes-November 5, 2007

Board of Zoning Appeals
Meeting Minutes
November 5, 2007

Members Present:     John Bradshaw, Kim Cash, Linda Russell, Gifford Childs, Goffrey Miles (present for a portion of the meeting), 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 7:35 P.M. in the Board of Supervisors meeting room of the County Courthouse.

Approval of Minutes:   Minutes of the October 1, 2007 BZA meeting were reviewed. Ms. Cash made a motion to approve the minutes as presented, Mr. Childs provided the second, and motion passed 5-0.

Variance #2007-009 – Loretta W. Wilson/Troy & Carolyn Lawhorne (Continued from September and October meetings.)

(See minutes of September 4 and October 1, 2007 for background on this request.)

Mr. Lawhorne presented a new survey to the Board which confirmed the setbacks previously discussed, namely, 3.3 feet from the Kramer property line and 3.7 feet from the corner of the building to the road.

Ms. Cash stated that the time and expense involved in this request could have been avoided by applying for a building permit prior to building this structure. Ms. Russell said she could not support the variance for the same reason and felt this was a self-created hardship.

Ms. Cash made a motion to grant Variance #2007-009 for Loretta Wilson/Troy and Carolyn Lawhorne for a 12 foot variance from the required 15 foot setback on the side yard and to allow the building that already exists in the front yard to remain because there is nowhere else to place the building on the Lawhorne or Wilson property, which constitutes a hardship. Mr. Moyer provided the second and motion passed 4-1, with Ms. Russell voting no. (Mr. Moyer voted as an alternate member of the Board.)

Variance #2007-011 – June Lawhorne and Wendy Goff

(See minutes of October 1, 2007 for background on this request.)

Mr. Boger reported that Mrs. Goff is requesting a front yard setback variance of 39’ from the required 75’. Correspondence from David Gunn of the Department of Conservation and Recreation states that he agrees with the decision that since the application was in process prior to the August 31 FEMA maps, the maps in existence at that time should prevail.   The 1978 FEMA map showed that the area was not in floodplain.

Ms. Russell asked Mr. Boger about the use of the new FEMA maps. Mr. Boger stated that the Board of Supervisors as written to Congressman Virgil Goode requesting information to clarify the effective date. Staff has sent a list of corrections that need to be made and many areas now designated as floodplain do not have a Base Flood Elevation shown. The new maps are more restrictive in that some areas previously not designated as floodplain now carry that designation.

Ms. Russell stated that the property size is extremely small and the applicant is asking for a 36 foot variance. She felt there was too little property for the proposed home.

Mrs. Lawhorne and Mrs. Goff were present at the meeting.

(Mr. Moyer voted in place of Mr. Miles who was not present for the entire presentation and discussion.)

Mr. Childs made a motion to grant Variance #2007-011 for June Lawhorne/Wendy Goff to reduce the required front yard setback from 75 ft. from center of the road to 39 ft. Mr. Moyer provided the second, and motion passed 4-1 with Ms. Russell voting no. (Mr. Miles abstained since he was not present during the preceding discussion.)

Variance #2007-012 – Glenn Parsons

Mr. Boger reported that Mr. Parsons is appealing the Zoning Administrator’s denial of a zoning permit to allow construction of a 16 ft. x 20 ft. addition to the front of an existing dwelling located at 315 Sunrise Drive (Rt. 760). Mr. Parsons is requesting a variance to reduce the required front yard setback of 75 ft. to 65 ft. The proposed addition will enlarge the home, making it more attractive to a prospective tenant.

Mr. and Mrs. Parsons were present at the meeting. Mr. Parsons stated that the addition would enhance the appearance of the home as well as provide additional living space. If the addition is added to the rear of the building, the septic system may be compromised.

Mrs. Russell expressed concern about the large tree in front of the house and whether it would need to be trimmed if the addition is placed on the front. Mr. Parsons said that the siding and roof will be replaced at the same time as the addition and he doesn’t think major trimming will be needed. He stated that he had no information concerning the exact location of the septic field, but that it might be adversely affected if the addition was placed in the rear.

Mr. Childs asked if there are plans for other additions to the house. Mr. Parsons said that the front roof pitch will be changed with the addition to the front. No other additions are anticipated.

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

Ms. Russell made a motion to grant variance #2007-012 for Glenn Parsons at 315 Sunrise Drive to reduce the required front yard setback from 75 ft. to 65 ft. Mr. Miles provided the second.

Ms. Cash stated that the motion contained no specific hardship. A discussion was held concerning whether this was a self-inflicted hardship. Mr. Parsons said he doesn’t think there is sufficient room to place a rear addition without compromising the septic system. Ms. Russell asked Mr. Boger what the consequences would be if the Board granted a variance without a stated hardship. Mr. Boger replied that he (Mr. Boger) could bring a lawsuit against the Board.

Mr. Bradshaw clarified that Mr. Parsons needs to get a qualified person to locate the septic system. He must also provide evidence of hardship. Mr. Parsons requested a copy of the ordinance information concerning hardship.

Ms. Russell withdrew her earlier motion and Mr. Miles withdrew his second.

Ms. Russell then made a motion to defer the request for Variance #2007-012 to the December meeting. Ms. Cash provided the second, and motion passed 5-0. (Mr. Miles voted on this application.)

Other Business

Mr. Boger asked the Board for feedback concerning the proposed BZA application form. Ms. Russell proposed two additions: Notation that the Board is a quasi-judicial body and that the Chair has the authority to administer the oath to anyone testifying before the Board.

Adjournment

At 8:25 o’clock P. M., Mr. Bradshaw declared the meeting adjourned.

Respectfully submitted,

Betty M. Fortune
Planning Secretary