Planning: Board of Zoning Appeals Meeting Minutes-March 3, 2008

Board of Zoning Appeals Meeting Minutes-March 3, 2008

Board of Zoning Appeals
Meeting Minutes
March 3, 2008

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

Members 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 February 4, 2008 BZA meeting were reviewed. Ms. Cash made a motion to approve the minutes as presented, Ms. Russell provided the second, and motion passed 5-0.

Special Use Permit #2008-003 – Terry L. Kennedy, Sr., Martha Kennedy, Scott Kennedy

Mr. Boger reported that Mr. and Mrs. Kennedy and son Scott Kennedy have submitted a petition for a SUP to permit construction of an accessory building prior to construction of the primary dwelling on 2.156 acres located at the intersection of Greenfield Road and Taylor Creek Road. The petition does not indicate when the primary dwelling will be constructed on the property. According to the application, the accessory building will be used for general storage and hobby shop; however, an adjoining property owner contacted the Planning office and indicated that Scott Kennedy told him that the proposed building would be used for an automobile repair garage. If this information is correct, a SUP will be required from the Board of Supervisors.

Ms. Russell questioned the lot number appearing on the plat. Parcel A-1 is an existing parcel; therefore, a new parcel number will be assigned as this plat is recorded. The plat shows that the proposed building will be 30’ x 50’ and the proposed primary dwelling is also shown on the plat. The front setback will be from Greenfield Road which is the shorter of the two roads of this corner lot.

Mr. Scott Kennedy stated that he wants to build a building on his property where he plans to do body work and restoration of cars for himself and friends on a part-time basis. He would also use the building to store supplies for building the future primary residence. Power lines limit the use of the property; however, a driveway off of Taylor Creek Road has been approved. He has discussed the situation with Mr. Tommy Harvey who suggested that he apply for a SUP to operate a public garage.

Ms. Russell asked Mr. Boger whether a Special Use Permit would be required from the Board of Supervisors if the intention is to operate a business. Mr. Boger said it would be required and driveway issues would also need to be addressed.

Mr. Kennedy said that he currently works on other peoples’ cars where he lives now. He works outside, which is difficult in hot and cold weather. He would like to be able to move equipment and cars inside the building, and possibly would want to operate a full-time business 5-10 years from now.

The public hearing was opened.

Bill Stevenson owns property across Greenfield Road from the proposed shop location. He said that Scott Kennedy has advised him of his plans. He wanted to know if a business is actually anticipated and whether this is something that would be appropriate for the neighborhood. The project has been defined as a 30’ x 50’ building.

Mr. Boger said Building Inspections would address the use of the building. If Mr. Kennedy only works on one car at a time, there would be no problem. As the business expands, however, problems could arise.. It may be advantageous in the long run to apply for a SUP for a public garage.

Mr. George Nicklas owns property across Taylor Creek Road. He agrees that Mr. Kennedy should be able to do what he wants to do with his property; however, not to the detriment of other property owners. He stated he is totally against a business being operated at this location; however, if the business operates inside the building, he has no problem with it. An outside operation could become unsightly and be difficult to control. He hopes the Kennedys can build a home and move into the neighborhood, and if the shop is run as Scott Kennedy has described, he approves of it. He just doesn’t want neon signs, etc. that would be detrimental to the character of the neighborhood.

The public hearing was closed.

Ms. Russell thought that consideration of a SUP for a public garage would be the best solution. The Planning Commission can recommend restrictions be placed on the SUP, such as work being done inside the building, no parked cars outside, etc. She expressed concern about a building this size being designated as an “accessory building” which usually has no power and is only used for storage, etc.

Ms. Cash said that prior similar requests have been for accessory buildings to be used for storage of tools, equipment, etc. and a specified start date of the primary dwelling. She is not comfortable with a SUP for an accessory building which may become a business, and that her preference would be consideration of a SUP for a public garage.

Mr. Kennedy said he was confused about why this process was necessary. Ms. Cash responded that based on the uses specified on the application, the correct action was taken since this was the first structure on the parcel. The Board of Zoning Appeals has no authority to grant a SUP for an accessory building based on the uses that have now surfaced. Mr. Moyer and Mr. Miles agreed.

Mr. Childs stated the options available to the applicant: 1) BZA can make a motion to approve or not approve the application, though there seems to be no support for its approval; or 2) can withdraw this application and resubmit an application to the Planning Commission and Board of Supervisors for a public garage.

Mr. Scott Kennedy said he wished to withdraw the application.

Variance #2008-001 – Richard Heuneman

Mr. Boger reported that Mr. Heuneman is petitioning the Board of Zoning Appeals for a variance to place a travel trailer on his property identified as Tax Map #70-A, parcel 33A located off of Redbud Lane without being connected to a septic system as required by Section 4-11-1 of the zoning ordinance. The reason given for placing the travel trailer on the site is to provide a place to stay while he is working on getting sewer, electric, water, etc. in order to build a house in the near future. Mr. Boger was unable to locate the site to visit it; however, was concerned with the lack of the required septic system.

The applicant was advised by letter of this position, and called the day of the meeting to withdraw the application until the septic system is installed. Written verification of the request will be sent within the week.

Special Use Permit #2008-004 – Richard Heuneman

Mr. Boger reported that Mr. Richard Heuneman is petitioning the Board of Zoning Appeals for a SUP to complete the construction of an accessory building started by the former owner in 2003 prior to construction of the primary dwelling on his property identified as Tax Map #70-A, parcel 33A. Mr. Heuneman has indicated in the petition he hopes to build the house in the next year or two. He wants to get the septic system and electricity installed first. The subject property is located off of Redbud Lane and Mr. Boger was unable to locate the site to visit it. A building permit was issued in 2003 and the structure was not completed by the former owner. The building permit was for a 16 x16 and 12 x 12 structure to be used for recreational use with no plumbing, electric or mechanical included. Since this structure has been started, Mr. Boger would not object to issuing the Special Use Permit with the condition that construction on the primary dwelling must commence within one year from the date of approval.

Mr. Boger then reported that Mr. Heuneman is ill and is not present at tonight’s meeting.

No public hearing was held.

Ms. Cash stated that the Board usually requires attendance of the applicant while hearing testimony. She therefore made a motion to defer consideration of SUP #2008-004 until the April 7 meeting. Mr. Moyer provided the second, and motion passed 5-0.

Other Business

Mr. Boger discussed the swearing-in statement presented at the January meeting. He consulted with Mr. Phil Payne, County Attorney, who stated that no one in the court system has ever challenged the wording, “…so help me God…”   The decision was made to leave the statement as presented below and if there is objection, the phrase can be crossed out.

   “Do you swear or affirm that the information you give before the Nelson County Board of    Appeals shall be the truth, the whole truth, and nothing but the truth, so help you God?”

The applicant or anyone who gives testimony would be asked to sign the oath; however, public hearing speakers would not be asked to sign.

Mr. Moyer suggested that the statement be placed on the application; however, since there may be multiple witnesses giving testimony, it was decided that the Chair would give a brief statement at the beginning of each case describing the process. The applicant or anyone giving testimony would be asked to sign the oath before speaking. Ms. Russell was asked to draft for review, prior to the April meeting, the statement to precede the oath.

Adjournment

At 8:25 o’clock P. M., Ms. Cash made a motion to adjourn the meeting, Ms. Russell provided the second, and motion passed 5-0.

Respectfully submitted,

Betty M. Fortune
Planning Secretary