Planning: December 3, 2007

December 3, 2007

Board of Zoning Appeals
Meeting Minutes
December 3, 2007

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

Member Absent:     John Bradshaw

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

Call to Order:   Mr. Childs 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 November 5, 2007 BZA meeting were reviewed. Ms. Russell made a motion to approve the minutes as presented, Mr. Moyer provided the second, and motion passed 5-0.

Variance #2007-012 âАУ Glenn Parsons (Continued from November meeting.)

(See November 5, 2007 minutes for background on this request.)

Mr. Boger reported that Mr. David Wyant, P. E., has submitted a letter indicating that the location of the septic tank is at the immediate rear of the dwelling which makes construction of an addition to the rear of the house very problematic. The Board could consider granting this variance on the basis of hardship.

After discussion, Ms. Russell made a motion to grant Variance #2007-012 for Glenn Parsons to reduce the front yard setback from 75âАЩ to 65âАЩ in order to construct a 16âАЩ x 20âАЩ addition to the front of the existing dwelling located at 315 Sunrise Drive, Afton. This variance is granted because of hardship in that he is unable to locate the addition to the rear of the house due to the septic system location.

Special Use Permit #2007-013 âАУ Gary Bryant

Mr. Boger reported that Mr. Bryant is requesting a SUP for placing fill in the 100 year flood- plain of Williams Creek (Article 10, Article IV, District Provision, Section 4.1, General provisions, item A, Permit requirement). The subject property is identified as Tax Map #7-A-9A and is located at 11327 Rockfish Valley Highway, Afton, Virginia. The purpose of the fill is to raise the elevation of the area so that a farm structure can be constructed on it. Fill has already been placed.

Mr. Boger added that fill can be placed in a floodplain, provided the engineering principal âАУ equal reduction of conveyance âАУ shall be used to make the determination of increased flood heights. As of this date no information has been received documenting that the amount of fill that has been removed from the property equals the fill placed in it and that the fill came from within the floodplain. These calculations and the required site plan showing the fill area and details of the area showing where fill was removed are needed. This information will be sent to the State Floodplain CoordinatorâАЩs office for review and verification of the calculations. Mr. Taggart, P. E., has reviewed the situation, but no report has been received.

Mr. Gary Bryant, applicant, presented to the Board information quantifying the amount hauled in. Steve Key, Surveyor, and Jim Taggart have looked at the site and determined that if the same amount is taken out from another location, it would satisfy the requirement stated by Mr. Boger. Mr. Bryant said it was his understanding from conversation with Mr. Boger that he could bring in fill to raise the elevation of the site; he did not understand that the fill had to be taken from elsewhere in the floodplain. He contacted the FEMA representative, left a message, but did not receive a return call.

Ms. Cash said she felt it was essential to get approval from FEMA. She had no issue with what he was doing, but FEMA makes the final determination. Ms. Russell asked if he could put in fill without a permit, and Mr. Boger replied that it could result in FEMAâАЩs requiring that the fill be removed.

Mr. Bryant said he had planned a 40âАЩ x 60âАЩ farm structure to house equipment, etc., but that the cost of surveying and engineering this project has been higher than expected and that he may have to delay or abandon the building plans altogether.

Mr. Boger said he will send the new information to David Gunn, DCR, for his comments.

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

Ms. Cash made a motion to table until January 7, 2008 consideration of SUP #2007-013 for Gary Bryant for building a farm structure in the floodplain, in order to receive approval of his plan from FEMA. Mr. Moyer provided the second and motion passed 5-0.

Special Use Permit #2007-010, Elizabeth Flint

Mr. Boger reported that Ms. Flint is requesting a SUP to place a 12âАЩ x 20âАЩ storage shed on her property located on Wheelers Cove Road, Tax Map #59-A-38, prior to construction of the primary building. Ms. Flint anticipates start of construction of the main dwelling will be in August, 2008. The shed will be located outside the floodplain and 90âАЩ from the side property line. The following conditions are recommended:
1)   The storage shed cannot be used for residential purposes, but for storage only.
2)   Construction of the main building must being within one year of the date of approval. If construction has not started within this time period, the shed must be removed unless an extension of this time period is granted by the BZA.

Ms. Flint was not present at the meeting. She called the office on December 3 and stated that she was in agreement with the conditions stated in Mr. BogerâАЩs staff report which are also listed above. Members of the Board felt that Ms. Flint should agree to these conditions in person.

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

Ms. Russell made a motion to table the request for SUP #2007-010 for Elizabeth Flint until the January 7, 2008 meeting to enable Ms. Flint to come and present her case before the Board. Ms. Cash provided the second, and motion passed 5-0.

Other Business - None

Adjournment

At 8:10 oâАЩclock P. M., Mr. Childs declared the meeting adjourned.

Respectfully submitted,

Betty M. Fortune
Planning Secretary