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Home My WebLink About4/22/2021 - Zoning Appeal - Agenda -Board of Zoning Appeals AGENDA Thursday, April 22, 2021, 4:00 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard 1.C all to Order 2.Executive Secretary to the Board of Zoning Appeals A.Appoint Secretary Consider appointing an Executive Secretary. 3.New Business A.Variance Request Hold public hearing to consider the request of Aquarius Pools, Inc., contractor, and J ames and Kathryn Long, property owners, for a variance from Section 106-202.3(B)(2) pertaining to site development regulations, for the property located at 825 Pendleton Drive, Tax Map # 67-6-1. T he petitioners are requested to construct an in-ground pool encroaching into the side yard. 4.Adjournment CASE NUMBER:2021-002: APPLICANT: James and Kathryn Long 825 Pendleton Drive STAFF ANALYSIS SALEM, VIRGINIA 825 Pendleton Drive Board of Zoning Appeals (BZA) Public Hearing Date: April 22, 2021 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3036 APPLICANTS’ REQUEST To construct an inground pool encroaching into the side yard. BACKGROUND INFORMATION 825 Pendleton Drive is zoned RSF, Residential Single-Family District and consists of 0.419 acres. The house is a legal nonconforming structure as it does not meet the setback requirements of the current zoning ordinance. There is a fifteen-foot utility easement that runs along the west and south property lines. The topography in the rear yard is quite severe and has been leveled by a series of retaining walls. The zoning ordinance defines rear yard as the yard between the rear line of the building and the rear line of the lot extending the full width of the lot. It also defines the side yard as the yard between the sideline of the building and the sideline of the lot extending from the front lot line to the rear lot line. A swimming pool is considered an accessory structure and therefore is required to be constructed in the rear yard only. See section 106-202.3 of the zoning ordinance. RELEVANT EXCERPTS FROM ZONING ORDINANCE • Sec. 106-202.3. - Site development regulations. The following are general development standards for the RSF Residential Single-Family District. For additional, modified or more stringent standards see article III, use and design standards. (B) Minimum Setback Requirements. 2. Accessory Structures: Front Yard: Behind the rear building line of the principal structure. Side Yard: Five feet. Rear Yard: Five feet. APPLICANT POSITION The Longs have two sons that are unable to walk and are confined to wheelchairs due to Muscular Dystrophy. They would like to be able to construct the proposed pool to give their sons the opportunity to take pressure off sitting and with the aid of a handicap lift, be able to float and relax in the pool. This will offer some type of physical therapy and aid in relief. The property is sloped with three retaining walls in the rear that do not allow the construction of the pool. It is unique to this property. Thusly, the petitioners are requesting a variance to allow the pool to encroach into the side yard. STREETVIEW OF SIDE AND REAR YARD Map 1: Topography Map 2: Depiction of yards - 5 2 ' 6 " - 4 5 ' 1 1 " - 3 9 ' 4 " -32' 1 0 " -32' 10" -26' 3" -19 ' 8 " -13 ' 1 " - 6 ' 7 " -6' 7" 0' 6' 7" 13' 1" 19' 8"26' 3"26' 3"32' 10"32' 10"39' 4"39' 4"45' 11"52' 6"59' 1"65' 7"72' 2"72' 2" 3' Walkway Approx 230 sq ft 1325 Crescent 2 4 ' 2 " 24' 5" 103' 3" Scale: 1/20" = 1 ft NN Aquarius Pools Inc. 5606 Barns Ave Roanoke, VA 24019 (540) 563-2786 www.aquariuspoolsinc.com Eve@aquariuspoolsinc.com Department of Community Development Mary Ellen H. Wines, Zoning Administrator 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of Salem, Virginia will hold a public hearing, in accordance with the provisions of Sections 15.2-2204 and 15.2-2309 of the 1950 Code of Virginia, as amended, on April 22, 2021, at 4:00 p.m. in the Community Room of the Salem Civic Center, 1001 Roanoke Boulevard, in the City of Salem, Virginia, to consider the following applications. The request of Aquarius Pools, Inc., contractor, and James and Kathryn Long, property owners, for a variance from Section 106- 202.3(B)(2) pertaining to site development regulations, for the property located at 825 Pendleton Drive, Tax Map # 67-6-1. The petitioners are requested to construct an in-ground pool encroaching into the side yard. At this hearing, all parties in interest will be given an opportunity to be heard, present evidence, and show cause why such requests should or should not be granted. For additional information, contact the Office of the Zoning Administrator, 21 South Bruffey Street, Salem, Virginia (Phone 375-3032). THE BOARD OF ZONING APPEALS OF THE CITY OF SALEM BY: Mary Ellen H. Wines, CZA, CFM Zoning Administrator (Please publish in the 4-8-2021 and 4-15-2021 issues of the “Salem Times Register”. Please send statement to Zoning Administrator, P. O. Box 869, 21 South Bruffey Street, Salem, Virginia 24153). Rules Governing Justification for Variance: §15.2-2309 of the Code of Virginia states that the Board of Zoning Appeals shall base its required findings upon the particular evidence presented to it in each specific case where the property owner can provide proof to the satisfaction of the BZA that: 1. The strict application of the terms of the ordinance would unreasonably restrict the use of the property. or 2. That the granting of the variance would alleviate a hardship due to the physical condition relating to the property at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability.1 In either case, the following criteria must be met: The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application. In granting a variance, the Board is required to make findings that reasonably articulate the basis for it decision. The Board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are met. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance.1 Rules Governing Communication: §15.2308.1 of the Code of Virginia states that the non-legal staff of the governing body may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited. As part of the application, the petitioner grants permission to the Board to enter the property for the purposes of processing and reviewing the application.