Planning: Board of Zoning Appeals Meeting Minutes-April 7, 2008

Board of Zoning Appeals Meeting Minutes-April 7, 2008

Board of Zoning Appeals
Meeting Minutes
April 7, 2008

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

Members Absent:   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. He explained the “swearing-in” process and asked applicants who would appear before the Board to sign the statement. Mr. Richard M. Heuneman, Sr. and Ms. Brenda Gregory signed.

Approval of Minutes:   Minutes of the March 3, 2008 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.

Special Use Permit #2008-004– Richard M. Heuneman, Sr. (Continued from March)

(For background on the application, see minutes of March 3, 2008.)

Mr. Boger reported that since the March meeting he has been able to visit the site and found that it appears that it is being used for residential purposes rather than as an accessory building, i.e. there are various pieces of furniture in the cabin and a loft for sleeping. In 2003 zoning and building permits were denied because the structure did not have a septic system and none was applied for. In March Mr. Heuneman applied for an electrical permit which resulted in this application to the BZA.

Ms. Brenda Gregory stated that she disagrees with Mr. Boger’s assessment that the building is a residential building since it has no electricity, water and sewer. There is a wood stove in the building, but there is no way it could be used as a residential dwelling.

Mr. Richard Heuneman said that the building is 16’ x 16’ with an additional 12’ x 12’ room on the side. It was originally built to be a hunting cabin and is structurally sound. He has recently added sheet rock on the inside. He intends to build a primary residence on the property and has plans to put in water and septic in the near future.

The public hearing was opened.

Ms. Judy King of Redbud Lane stated that she had no objection to Mr. Heuneman building on his property.

The public hearing was closed.

Mr. Childs said he agreed with Mr. Boger that this is not an accessory building.

Mr. Boger said the applicant may be able to apply for a building permit for a residential dwelling and use an outdoor privy rather than a septic system. That would be determined by the Health Department. He suggested that drawings of the structure be submitted to the Building Official. If approved, and the Health Department approves the privy, Mr. Heuneman could proceed with the building. A septic system is always preferable, however.

Ms. Cash said that in her opinion, the building is far beyond an accessory building. It has been out of building code compliance for many years, and issuing a permit for an accessory building would only increase the problem.

Mr. Heuneman said that when his primary dwelling is built, the cabin will be converted to an accessory building. Mr. Boger said that if the cabin was built prior to 1977 (the date of the first zoning ordinance), it would be grandfathered in as nonconforming. Mr. Bradshaw said one of his associates sold the property to Mr. Heuneman in the 70s, but can’t recall when the hunting cabin was built. The best option would be to go through Building Inspections and Health Department for a septic or privy permit. Mr. Boger said that the Building Official is ready to move forward with the building violation which has currently been placed on the property. The problem would be solved if he gets a building permit and septic permit from the Health Department.

Ms. Cash said the Board needs to know that the process is starting for the building and Health Department permits. Also, that the RV has been moved, which is presently in violation of the zoning ordinance. This should be done by April 14, 2008. A permit was originally requested for this travel trailer, but was withdrawn when it was determined that a septic system was required.

Ms. Cash made a motion that Special Use Permit #2008-004 for Richard M. Heuneman, Sr. be tabled for consideration for 90 days follow-up to allow time for the following:
   1) To start the Health Department process for well and septic
   2) To proceed with contacting the Building Official to determine if the present building    meets code, and if not, take steps to bring it up to code
   3) To remove the RV from the property.

Mr. Miles provided the second, and motion passed 5-0. Mr. Heuneman was agreeable with these conditions.

Mr. Bradshaw commended the Board for its cooperation in working out a solution that was acceptable to the Board and the applicant.

Other Business

Ms. Cash requested that Mr. Boger follow up on a previous SUP [#2007-010] for Elizabeth Flint which was withdrawn when she moved out of state. According to Ms. Cash’s information, the property is going to be put on the market and the storage shed is on the property. It should be removed or a SUP requested by the buyer.

Adjournment

With no further business to be conducted, Mr. Bradshaw declared the meeting adjourned at 8:10 P. M.

Respectfully submitted,

Betty M. Fortune
Planning Secretary