Planning: August 1, 2005 Meeting Minutes

August 1, 2005 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
August 1, 2005

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

Staff Present: Fred Boger, Betty Fortune

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.

Approval of Minutes: Minutes from July 5, 2005 were reviewed. Ms. Cash     made a motion to approve the minutes as submitted,Mr. Childs provided the second, and motion passed 5-0.

Variance #2005-013 – Ryan School Apartments, LP
Mr. Boger reported that Ryan School Apartments, LP, represented by Mr. Michael Heckman, is appealing the Zoning Administrator’s denial of a zoning permit certifying that the proposed Ryan School Apartments is in compliance with the County’s zoning regulations. A variance was requested to reduce the area requirement from 7.805 acres to 6.715 acres. Background: On February 13, 2001 the Nelson County Board of Supervisors approved rezoning of 16 acres of land from R-1 and A-1 to R-2 to permit the conversion of the Ryan Elementary School building into 30 senior citizen apartments. The area rezoned was adequate for the number of apartments proposed. Shortly after the property was rezoned, the County decided it wanted to keep the area behind the school (ball field - 3 acres). A plat was prepared and initially denied due to lack of sufficient title information. It was later approved in order to allow the petitioner to proceed with financing of the project. The plat made no mention of the number of apartment units. Again there were problems with the revised plat and Saunders’ Surveys was contracted to repeat the survey. The assumption was made that the appropriate land area was being conveyed to support 30 apartments. In July, 2005, when staff was asked to provide a certification letter stating there were no zoning violations associated with the property, it was learned that there were now 32 apartments, and insufficient land had been conveyed to accommodate the increased number of apartments. Consequently, the property was not in compliance with the zoning ordinance. Mr. Boger stated the project is needed in the County. Thirty-two apartments have already been built.

Mr. Bradshaw asked what the consequences will be if the variance is not approved. Mr. Boger said that financing would probably be lost. The plan cannot go forward without this approval.

Mr. Michael Heckman of JABA recapped the history of the project. On March 7, 2001, 12.24 acres were approved by the County for 31 units.   On November 14, 2001, 7.62 acres were transferred to Ryan School Apartments, keeping the remaining ball field acreage. On February 18, 2003, 32 units on 7.62 acres were approved by Mr. Boger. After removing acreage for service easements, the remaining useful property was 6.72 acres. There is no shrinkage since the 32 units have already been built. This project is for low income seniors and funding is being received from four sources. In the end, it’s a debt-free package to support low income persons. The project will be out of money in a matter of weeks. Financing in the amounts of $1.52 million and $750,000 are pending the outcome of this variance. If there is denial or postponement of a decision, $750,000 in funding will be lost, and if the project is not completed by December 15, 2005, the $1.52 million will be lost. JABA was not aware of the acreage problem until a month ago when zoning certification was requested. Mr. Boger explained that the February letter of zoning certification he signed was for approval of the zoning classification only and not the proposed density.

The public hearing was informally opened.

Mary Martin, owner of property behind Ryan School Apartments, asked whether additional units would be added and was told that all of the required building has been done. The project will have an expanded septic system near the ball field and be served by public water. The Health Department has approved the system and there is no anticipated problem with drainage. If additional information is needed, Ms. Martin may contact the Health Department. Ms. Martin is also concerned about the upkeep of the property. Currently it’s an eyesore and when the County was contacted about mowing the area near the fields, etc., she was told it was the responsibility of the developer. Mr. Heckman indicated there would be proper care taken of the grounds once the project is completed.

Ms. Russell stated that this project is desperately needed and it was unfortunate that errors were made as a result of rushing and confusion. As a result, a hardship was created.

Ms. Cash made a motion to approve Variance #2005-013 for Ryan School Apartments, LP, to reduce the area requirement to allow for 32 units on 6.72 acres. Ms. Russell provided the second, and motion passed 5-0.

Other Business: Mr. Boger gave a brief report on Variance #2005-005, Sallie Fisher, and said that more information would be available by the next meeting. Some work has been done to remove the junk cars and parts, but there is still at least one junk car on the property.

It was questioned whether Donna Adams had removed the manufactured home from her property after denial of a variance in March. Mr. Boger will visit the site and report at the next meeting.

The public hearing was closed.

Mr. Bradshaw declared the meeting adjourned at 8:30 P. M.

Respectfully submitted,

Betty Fortune, Planning Secretary