Board of Zoning Appeals Meeting Minutes-June 2, 2008
Board of Zoning Appeals
Meeting Minutes
June 2, 2008
Members Present: John Bradshaw, Kim Cash, Gifford Childs, Goffrey Miles, Linda Russell and Ron Moyer, Alternate
Staff Present: Fred M. Boger, Planning Director
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 âswearing-inâ process and asked applicants who would appear before the Board to sign the statement. Mr. Tory Garrett and Mr. Thomas C. Brooks, Jr. signed.
Approval of Minutes: Minutes of the April 7, 2008 BZA meeting were reviewed. Mr. Childs made a motion to approve the minutes as presented, Ms. Cash provided the second, and motion passed 5-0 4-0, with Ms. Russell abstaining. Mr. Childs requested that a copy of the signed âswearing-inâ statement be included in the minutes of future meetings.
Variance #2008-003 â Tory Garrett
Mr. Tory Garrett of 435 Stagecoach Road, Afton, Virginia, is petitioning the BZA for a variance to Section 4-3-1a of the Zoning Ordinance, Front Yard Setback, to permit the conversion of a farm exempt barn into a single family dwelling with a front yard setback of 35 feet from the edge of the road instead of the required 75 feet from the center of the road. There is a question of ownership of the parcel of land where the barn is located. A local attorney, representing an adjoining property owner, has had a title search done and has been unable to find a deed transferring this property to Mr. Garrett. He and his client have requested that a decision be deferred since they are unable to attend the June 2 meeting.
Mr. Boger added that the following items are unclear at this point: (1) the Tax Map Parcel ID of the property; (2) the size of the parcel; and (3) the ownership of the parcel. Consequently, the following information should be provided to the Board: (1) a copy of the deed showing the transfer of this property to Mr. Garrett; and (2) a survey of the property showing the size of the parcel. There appears to be a discrepancy in the numbering of tax map parcels in this area. The Commissioner of Revenueâs office agrees that this entire area needs to be reviewed and corrected.
Mr. Childs verified that asked if the barn built in 2003 had a building permit. Mr. Boger stated there was a Building Permit but that there were no inspections because it was a farm exempt building which does not require inspections.
Mr. Bradshaw recognized Mr. Garrett who explained that a survey was prepared by Mr. Shumate, Land Surveyor, on an unknown date. [Only a portion of the survey was submitted with the application and did not include the date of preparation.] According to the applicant, it was impossible for the surveyor and owners to determine exactly where the property line markers were; therefore, the survey contains the following statement: Total land â 8.196 acres. Troy and Clarissa K. Garrett. This land is made up of 5 separate tracts of land. (Deed book references given.) This plat in no way combines or joins these separate tracts into one tract. Mr. Bradshaw asked Mr. Garrett why Mr. Shumate wasnât able to clarify all the property lines when the survey was done. Mr. Garrett said he wasnât satisfied with the survey when it was done because of the estimates given without actual property lines and measurements.
The barn is approximately 1500 sq. ft. with 3 floors which was originally built for a farm sales office, hay storage, and farm animal care and shelter. In addition to the barn, there is a small shed that is about 10â off the road (18â x 10â, 2 floors, for animal use). The barn was placed close to the road because of the topography of the land which drops off sharply just past the barn location.
The barn conversion will provide a home for his son and family. Mr. Garrett said he has discussed the proposed conversion with the Building Inspector who doesnât see any problem with what is planned. The present structure would have to be inspected to make sure everything is up to code to the point of continuing the conversion/renovation.
The public hearing was opened, there were no comments, and public hearing was closed.
There was further discussion on the tax map parcel numbers as modified by the Commissioner of Revenueâs office in response to inquiries by an adjoining property owner, Mr. Gary Beaver.
Mr. Childs explained that in order to consider a variance of setback requirements, it is necessary to be able to see on a survey the dwelling location and distances from the road, property lines, etc. In addition, Ms. Cash said there should be verification of the correct tax map number for this lot by the Commissioner of Revenueâs office.
Ms. Russell asked if water and septic will be available. Mr. Garrett said water is already there and a septic permit has been applied for but placed on hold pending the outcome of this variance request.
Mr. Childs suggested that a decision be postponed until an accurate survey can be provided to the BZA. Ms. Cash also requested that the tax map numbers be reconciled by the Commissioner of Revenueâs office.
Mr. Bradshaw asked Mr. Garrett to sign the âswearing-in statementâ and explained the importance of obtaining an accurate survey of the property for present use as well as future use.
Ms. Cash made a motion that Variance #2008-003 for Tory Garrett of 435 Stagecoach Road, Afton, Virginia, be tabled for further discussion of the application pending more information to include a survey of the property showing the size of the parcel with the exact location of the existing barn and shed and the correct tax map parcel ID number of the subject property.
Ms. Cash clarified that the original plat may be officially revised by a surveyor rather than a modification being made by the applicant. All existing buildings are to be added to the plat.
The motion was seconded by Mr. Childs, and motion passed 5-0.
Mr. Garrett clarified with the Board the requirements stated in the motion and Mr. Bradshaw added that the correct tax map number must be placed on the survey. Mr. Garrett said he would make every effort to obtain the survey by the July 7 meeting.
Variance #2008-004 â Virginia D. H. Massie & Donald Meade
Mr. Boger reported that Mrs. Massie and grandson Mr. Meade, represented by Tommy Brooks, Jr. of Acres of Virginia, are requesting a variance to reduce the required one acre minimum lot size to permit a family division of a 1.965 acre parcel into two lots. Parcel âAâ would be 1 acre in size and Parcel âBâ would be 0.965. The property is located at 3621 Lowesville Road and 77 Quail Run Drive, Lowesville, Virginia, Tax Map #63-A, Parcel 28.
Mr. Boger added that an erroneous survey completed in 1990 failed to account for highway right-of-way and showed the acreage as 2.08 acres. The current survey, however, determined that the actual acreage is 1.965, which is .035 acre (1500 sq. ft.) less than the required 1 acre for the second parcel. The Board must determine whether a hardship exists to justify the reduction in the minimum one acre lot size for a family division.
Ms. Russell asked if each parcel has its own drainfield and Mr. Brooks replied that there are two separate drainfields on the property.
Mr. Brooks reiterated the information provided by Mr. Boger and said that the hardship was created by the erroneous 1990 plat prepared by Mr. William Callahan, not by Mrs. Massie. Mrs. Massie is currently facing foreclosure on the property. The lending institute will not finance 1.965 acres with two dwellings, one of which is a manufactured home. Mrs. Massieâs daughter Carolyn Pendleton can obtain financing if the property is divided as requested. Ms. Pendleton will live in the home at 3621 Lowesville Road and Mrs. Massie and her daughter Virginia Thompson will live in the manufactured home located at 77 Quail Run Drive. If the division is not granted, the property will go into foreclosure.
The public hearing was opened.
Donald Meade, grandson of Mrs. Massie, said that Mrs. Massie has been living on this property for 80+ years, and the family wants her to be able to continue to live there.
The public hearing was closed.
Mr. Childs made a motion that the Board of Zoning Appeals grant a variance to Section 4-2-1a of the Zoning Ordinance to reduce the required one acre minimum lot size to permit a family subdivision of 1.965 acres into two lots of 1 acre (Parcel A) and 0.965 acre (Parcel B) for Virginia Massie at 3621 Lowesville Road and 77 Quail Run Drive, Lowesville, Virginia, Tax Map #63-A, Parcel 28. Sufficient hardship exists due to a previous erroneous survey which misstated the actual acreage of the property. Ms. Russell provided the second and motion passed 5-0.
Other Business
Ms. Cash reviewed the background on Special Use Permit #2007-010 which was withdrawn by Ms. Elizabeth Flint, leaving a storage shed on property where there is no primary dwelling and without approval from the Board of Zoning Appeals. A letter was sent by Mr. Boger in April, 2008, asking for Ms. Flintâs intentions regarding the shed and she replied in May, 2008 that the property is for sale. Her realtor, Jim Wood, was advised by Secretary Fortune that Ms. Flint had the option of removing the shed from the property or having the new owner apply for a Special Use Permit if the primary dwelling will not be started immediately after purchase. Since that time, there has been no further action on Ms. Flintâs part.
Ms. Russell made a motion in the matter of the un-permitted shed of Elizabeth Flint on Wheelers Cove Road that the Planning Director be authorized to take whatever action is required to see that the shed is removed from the property. Ms. Cash provided the second, and motion passed 5-0.
Mr. Boger reported further that Mr. Heuneman (SUP #2008-004) has taken no further action since the Board deferred a decision in April concerning the un-permitted dwelling that exists on his property on Redbud Lane, Tax Map #70-A, Parcel 33A. Mr. Heuneman was given 90 days to meet County requirements for Health Department and Building Inspections. The Board will address this application again on July 7, 2008.
Adjournment
With no further business to be conducted, Mr. Bradshaw declared the meeting adjourned.
Respectfully submitted,
Fred M. Boger, Planning Director, and taped session
in the absence of Betty M. Fortune,
Planning Secretary
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