Planning: Minutes of the December 6, 2004 meeting

Minutes of the December 6, 2004 meeting

Board of Zoning Appeals
December 6, 2004

Members Present: Kim Cash, Gifford Childs, Goffrey Miles, Linda Russell

Staff Present: Fred Boger, Betty Fortune

Applicants Present: Mr. and Mrs. Alan Wood and Mr. Gillies Rodgers, representing Michael J. Fanelli

Call to Order: In Mr. Bradshawâs absence, Mr. Childs called the meeting to order at 7:30 P. M.

Variance #2004-003 ö Marian and Andrew Baker.   Mr. Boger reported that the Bakers have purchased a manufactured home which they thought would fit on their lot. Due to the irregular shape of the lot, the new home would not fit. The front yard met setback requirements but the side yards were short. A special meeting was held on November 15 to consider the reduction in setbacks. (See minutes from that meeting for details.) Mr. Boger feels there is a hardship in this case and has no objection to granting the variance.

A motion was made by Ms. Cash to approve the Variance #2004-003 due to hardship caused by the shape of the lot. Ms. Russell provided the second, and motion carried 4-0.

Variance #2004-002 ö Alan and Cynthia Wood. Mr. Boger stated that the Woods are appealing the denial of a zoning permit for the placement of a travel trailer on their property on Tucson Lane in Arrizona Subdivision. Normally this permit can be approved administratively for a period up to 3 years, with approval of the septic system. The applicants are seeking approval from the Health Department for use of an Envirolet waterless self-contained sewage system for the travel trailer and the dwelling they plan to construct on their property.

Mr. Boger has received a complaint from concerned citizens about travel trailers in the area. If the variance is approved, Staff recommends that it be done so with the condition that construction must begin with one year. These conditions must be met or the trailer must be removed from the premise.

Applicant Cynthia Wood stated that they had applied for permits to build their home, using the Envirolet box. When the Health Department approval was not forthcoming, the family moved back to Lynchburg. They restarted the Building Permit, with plans to build a greenhouse which contains soil boxes that recycled water goes into for vegetables to grow. The $1000 system cannot be installed outside, so it cannot be done until the house is built.

The Woods are using Isaak Walton waste station to dispose of sewage. The greenhouse issue is separate. An agency in Charlottesville must test the soil box for pollution. The water quality from soil boxes is reported to be swimming pool safe. By using this method, they are not losing water, but recycling it. With the Envirolet, they plan to compost human waste. Mrs. Wood also stated that the generator runs constantly, but it is very quiet, making almost no noise. The Woods need to have a power box installed.

Environmental green is new to the area, but a Lynchburg subdivision is using the system now, according to Mrs. Wood. There is no pollution. Water from a spring is used, eliminating the need for a well. Septic systems are a waste of water which can be recycled to feed plants. The Envirolet is environmentally safe ö no chlorines or chemicals are used. Mrs. Wood stated that the neighbors are invited to look over their situation if they have concerns.

Ms. Russell asked if the Health Departmentâs position is that they must have a well. Mr. Boger said that a well is not required if there is a good source of water, such as a spring.

Mrs. Wood stated that land has been cleared, construction has started and was stopped. If the variance is not approved, they will sell and move. They want an environmental green safe house, not a manufactured home. But they canât build without power. All permits must be in place before the power permit is granted.

Mrs. Wood added that they had collected wood from scrap lumber to build the house but couldnât use it because it was ãrawä and had no tax sticker. They plan to build a straw built house sprayed with concrete. .

Ms. Russell asked if there would be a house and a greenhouse on the 4 acre parcel of land. Mr. Wood stated that there would be. Water from the house goes into pipes for irrigation. Mrs. Wood added that water is wasted if we are not environmentally conscious.

Ms. Russell asked if the travel trailer would be removed once the house and greenhouse are completed.   (Note: No direct answer was given.) If the variance is approved, they can get power. Plans have been drawn, but not submitted to Building Inspections at this time.

Mr. Childs stated that the decision for BZA is for variance of the septic system requirement. Mr. Boger stated that from that point, zoning approval, Health Department approval and building permit approval would be necessary.

Mrs. Wood stated that the $360,000 home would be built in phases. Ms. Russell asked if Health Department approval is needed. Mrs. Wood said that approval of the Envirolet for the home has been received.

Mr. Childs stated that the BZA can approve the variance conditional with approval of the Health Department.

Mrs. Wood said that waste is moved every week to a legally accepted facility. They have to be on site in order to build. The Health Department has approved the Envirolet and the dumping of waste. The ãgrey waterä for the greenhouse can be approved after the house is built. They have waited over a year for electric service and have been very patient. They want to live in Nelson County and their child needs to get settled in school.

Mr. Childs reiterated that the purpose of the variance is to allow a travel trailer on this property without a conventional septic system. Ms. Russell would like to set a limit on the time the trailer would be in that place. She would be willing to grant a variance if the main dwelling is completed within one (1) year. Otherwise, the Woods would need to come back to BZA for an extension. Mrs. Wood said that the straw-built home takes very little time to build and the one year condition should not be a problem.

With no further discussion, Ms. Russell made a motion to grant variance #2004-002 to allow the travel trailer to remain on the property on Tucson Lane. Construction must be completed within one year from the date the variance is granted. If construction is not completed within one year, the trailer would be moved or the applicants would apply for an extension. Ms. Cash provided the second. Motion carried 4-0.

Mr. Boger advised the Woods that a certified confirmation letter would be sent to them and also explained the appeal process.

Variance #2004-004 ö Michael J. Fanelli
Mr. Fanelli is appealing the Zoning Administratorâs denial of a zoning permit to construct a 28â x 60â garage/tractor and tool storage shed (accessory building) on his property before his home is constructed. The property is located on Route 623 and is identified as Tax Map #46-6-5. The applicant was represented by Gillies Rodgers.

The applicant is a school teacher who is seeking employment in the area. He needs to store tools in this building while his house is being built. If the variance is granted, the following conditions are recommended:
ð   The structure cannot be used for residential purposes.
ð   Construction of the main dwelling must commence within one year from the date the variance is granted. If additional time is required, the applicant must come back to the BZA for an extension of the time period to start construction of the dwelling.
ð   If construction has not started within the specified time period approved by the Board, the shed must be removed.
ð   If the building is used for a residence, the Variance will be rescinded by the BZA.
Past experience has shown that some people have attempted to live in these type of structures.

Mr. Rodgers stated that Mr. Fanelli owns a 22-acre parcel and is under contract for another adjoining 10 acres. He has put in a driveway, well and septic. The building will be a very nicely constructed one. It is stucco with a high pitched roof. If the applicant decides to stay on the property, he may come back to the BZA to request a temporary permit for a travel trailer.

Ms. Russell asked if this was the minimum size he requires. Mr. Rodgers said that Mr. Fanelli could start with a smaller building and build on, but he prefers the larger building in order to store furniture, farm equipment and tools, etc. as needed. If the Variance is approved, then electricity will be supplied.

Ms. Cash asked Mr. Rodgers if the condition of building within one year were reasonable. Mr. Rodgers feels they are. Mr. Fanelli is sending out resumes for employment now. Building plans for garage have been submitted and the plan is to pour footers over the Christmas holiday. Again, if Mr. Fanelli plans to live on the property over the summer, he will apply for a temporary permit for a travel trailer.

Ms. Cash made a motion to approve Variance #2004-004 with the conditions stated in Mr. Bogerâs Staff letter (see file). Ms. Russell provided the second and the motion carried 4-0.

Approval of Minutes: September 7, 2004 minutes were reviewed. No corrections were noted. Ms. Russell made a motion to accept the minutes and Ms. Cash provided the second. Motion carried 4-0.

Two corrections were made to the minutes of the November 15, 2004 special meeting:
1)   Paragraph 4, Page 1, was corrected to show 11 feet rather than 17.
2)   Paragraph 5, Page 1, was corrected to add ãby approving it administrativelyä to the end of the sentence.
Ms. Cash made a motion to approve the minutes as amended and Mr. Miles provided the second. Motion carried 4-0.

Other Business:
Ms. Russell was concerned about the letter from Arrington citizens that addressed travel trailer situations in the area and asked if Building Inspections needed to be involved. Mr. Boger stated that since there were no names or identification (other than ãConcerned Citizensä) the BZA is unable to address the issues. A copy of the letter will be sent to Building Inspections.

Adjournment:
At 8:30 P. M. Ms. Russell made a motion to adjourn, Mr. Miles provided the second and motion carried 4-0.

Respectfully submitted,

Betty Fortune
Secretary