Planning: October 3, 2005 Meeting Minutes

October 3, 2005 Meeting Minutes

Nelson County Board of Zoning Appeals
Meeting Minutes
October 3, 2005

Members Present: John Bradshaw, Kim Cash, Gifford Childs, Linda Russell, Goffrey Miles, 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 September 6, 2005 were reviewed. A correction was made to paragraph 5 for Variance #2005-014 – “Mr. Irving voluntarily gave sold VDOT the land mentioned above which makes the hardship questionable.” In addition, the time of adjournment was corrected from 7:30 to 8:30. Ms. Russell made a motion to approve the minutes as amended, Ms. Cash provided the second, and motion passed 5-0.

Discussion Item – Update on Variance #2005-011 – Monroe G. Baldwin

Mr. Boger stated that Mr. Baldwin was present to give the BZA an update on a new proposal for cabins on Sycamore Island.

Mr. Baldwin reiterated that the variance request was to allow hunting structures on Sycamore Island which is in the flood plain. At the BZA meeting in July, 2005, he realized that pursuing the matter was futile due to the possibility of the County losing flood insurance status. Their options were to pay to have the floodway maps changed, which would be very expensive, or to build a conforming structure within the flood plain. The Board asked that a decision be made within 90 days of the July meeting. Foundation studies proved to be difficult; however, a tree house structure with engineered brackets is a way to raise a structure completely above the flood plain. The plan would still have to go through FEMA. David Gunn (Floodplain Program Engineer for DCR) has researched the tree house method and stated that it seems to be a viable option. A building permit will also be required. Mr. Baldwin said that he would use recycled materials that are there now to build the sophisticated tree house.

Mr. Baldwin stated that Massie Saunders has surveyed the island and will run an elevation marking the 100-year flood elevation by using spikes in the trees. The structure must be above the flood plain.

Mr. Bradshaw asked what would happen to the elevation marker once the spike is placed and high water comes. Mr. Baldwin said that there are many trees on the island and the tree house would be built in the midst of the trees.

Ms. Cash said that there are presently four buildings, an out building, and an equipment storage building and asked how many tree houses were planned. Mr. Baldwin said there would be one building for now using recycled materials and possibly a smaller one later on. Ms. Cash asked about the outhouse and Mr. Baldwin said the Health Department will allow an outhouse on the island. This is not a health issue. A chemical toilet will be in the cabin. Ms. Russell asked if Mr. Gunn had a problem with the outhouse since their concern is that any structure within the flood plain can be swept away and/or lodge under bridges and cause the water to back up. Mr. Baldwin said they could use a canvas structure if necessary and that Mr. Eick has no problem with the outhouse. They will remove all the structures from the property, recycle the wood and remove the rest.

Ms. Russell verified with Mr. Baldwin that he proposed one tree house and one outhouse. Mr. Boger stated concerns over building code issues for tree houses and Mr. Baldwin agreed that this is not an every-day occurrence. There is a lot of literature on the Internet on this type of structure that moves between the trees. He will need to do research in order to be able to present the plan to the Building Inspections Department.

Mr. Boger stated that he’s confident that FEMA requirements can be met, but is unsure about the building code. Mr. Gunn has said he would sign off on it before the plan is presented to Building Inspections and the Health Department will do likewise. He stated further that the tree house would not be in the center of the Island but on the fringe.

Mr. Baldwin said that the middle channel is the last place to freeze. Water has been up on the island in the past. He asked the BZA for permission to go to the next step which would be to go to David Gunn with plans showing that the tree house is out of the flood plain. They will use a chemical outhouse or a similar method to dispose of sewage rather than an outhouse.

Ms. Cash said that if this plan is approved by FEMA and existing structures are removed, she would agree to the variance. Ms. Russell said that a letter from Mr. Gunn and approval from Building Inspections would be required before Mr. Baldwin comes back to the BZA to grant the variance. Mr. Boger suggested giving plans to Building Inspections to receive verbal approval since the building code may not allow for such structures.

Mr. Childs questioned whether a variance would be required if the above mentioned actions take place. Mr. Boger said the applicant would need action from the Board stating that the structures are out of the flood plain. Ms. Cash stated that if these tree houses have been approved in other places, there must be some historical data to support their construction. Mr. Baldwin said he trusts that County building officials will be open-minded and work with them to have it approved. He handed out descriptive literature on tree houses. A general contractor stated that brackets can be bolted to trees without damage to the tree, with an engineered beam between trees. Brackets support the deck or floor. The structure is then built to code once this part of the structure is done.

Mr. Bradshaw asked the Board if there was a consensus to continue this case until answers are received. Mr. Baldwin stated that the next steps will be costly. After the building official and FEMA requirements are met, they will come back to BZA for the variance. Ms. Cash stated that she would approve the variance with FEMA’s agreement.

Mr. Childs pointed out that the plan has evolved from what it was at the beginning, and he felt a public hearing should be held due to the different proposal. Ms. Russell agreed. The BZA must consider the health, safety and welfare of people on the island in case of bad weather. Mr. Baldwin said this would be a fair-weather operation only. They would not go to the island if there was a threat of foul weather. Mr. Boger said the Board needed to decide now whether to allow an extension, and Ms. Russell asked Mr. Baldwin how much time would be needed to get started. He stated that they would start work immediately and hope to have something done within 30 days. Ms. Russell said the Board will accept an extension letter if additional time is needed.

Ms. Cash made a motion to grant a 30-day extension (November 7 meeting) with the option for applying for an additional 30-day extension. Ms. Russell provided the second, and motion passed 5-0.

Mr. Bradshaw stated that since the proposal has changed, a public hearing should be allowed. Mr. Childs and Ms. Russell agreed. Mr. Boger said the BZA has that option; however, any County citizen has the option of appealing a decision of the BZA. He pointed out further that if FEMA agrees to the revised plan and the Building Official agrees, there may be no need for a variance since there will not be any structure within the flood plain. The applicant should come back to report to the BZA that requirements have been met.

Ms. Cash recalled that having the structures on the Island was originally a zoning violation which resulted in the appeal for a variance. These structures still need to be removed.

Mr. Bradshaw stated that at the next meeting the applicant should present a letter from FEMA, report on plans for the tree house and removal of the existing buildings.

Other Business:

Mr. Boger gave an update on a previous Variance #2005-007 for Sandra Shumaker who has entered into a contract with Duane A. Morris Construction to destroy the structure on her property as agreed to in April 2005. Ms. Russell made a motion to accept the contract for Sandra Shumaker, Variance #2005-007 for removal of the house at 539 Rockfish Crossing, Schuyler, before 12/31/05. Mr. Miles provided the second, and motion passed 5-0.

Adjournment:
Meeting adjourned by consensus at 8:45 P. M.

Next Meeting:
November 7, 2005

Respectfully submitted,

Betty Fortune
Planning Secretary