Planning: September 6, 2005 Meeting Minutes

September 6, 2005 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
September 6, 2005

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

Member Absent: Goffrey Miles

Staff Present: Fred Boger, Betty Fortune

Call to Order: Mr. Bradshaw called the meeting to order at 7:30 P.M. in the Jury Room of the County Courthouse.

Approval of Minutes: Minutes from August 1, 2005 were reviewed. Mr. Moyer made a motion to approve the minutes as submitted, Ms. Cash provided the second, and motion passed 5-0.

Variance #2005-014 – Howard Irving
Mr. Boger reported that Mr. Howard Irving is appealing the zoning administrator’s denial of a subdivision plat dividing a 1.77 acre parcel of land located at 718 Phoenix Road into two parcels with less than the required 40,000 sq. ft. in land area for each lot. Mr. Irving is requesting a variance to Sections 4-2-1 and 5-2-1 to reduce the required lot size down to 38,552 sq. ft. for parcel A and 38,380 sq. ft. for parcel B. The reason for this request is that Mr. Irving would like to give the new parcel to his son (a family division). Mr. Boger stated that he has no objection to granting this variance. It’s a family division and there has been no opposition from neighbors. In 1998 VDOT acquired land (0.05 ac.) from Mr. Irving in order to make road improvements on Phoenix Road which reduced the size of the lot, creating a hardship at this time.

The public hearing was opened.

Mr. Harvey Miles came to the meeting in response to the adjoining property owner letter and had no comment.

The public hearing was closed.

Ms. Russell stated that presently the lot is conforming and if the variance is granted, two nonconforming lots will be created. She would rather see at least one conforming lot. Mr. Irving voluntarily gave sold VDOT the land mentioned above which makes the hardship questionable. Mr. Moyer stated that the road improvements were needed, and without Mr. Irving’s portion, they probably would not have been done.

Mr. Childs made a motion to grant the variance, Mr. Moyer provided the second, and motion passed 4-1, with Ms. Russell voting no.

Mr. Boger told Mr. Irving that the plat must be finalized and brought in for his signature.

Other Business:

Mr. Boger reported that the Sycamore Island representatives will attend the October meeting to update the BZA on what is happening with their pursuit of a variance to keep/build hunting cabins on the island. They are considering tearing down the existing buildings and constructing new. Mr. Boger asked the Board to be thinking about whether they will allow the existing buildings to remain while new ones are being built, if that becomes an option.

Adjournment:
Meeting was adjourned at 7:30 8:30 by consensus of all members.

Respectfully submitted,

Betty Fortune
Planning & Zoning Secretary

Amended on October 3, 2005