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HomeMy WebLinkAbout5/27/2021 - Zoning Appeal - Agenda -Board of Zoning Appeals AGENDA Thursday, May 27, 2021, 4:00 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard 1.C all to Order A.Roll Call 2.New Business A.Variance Request Hold public hearing to consider the request of David D. Arp, property owner, for a variance from Section 106-202.3(B)(1) and (2) pertaining to site development regulations, for the property located at 1416 North Mill Road, Tax Map # 34-3-8. T he petitioner is requesting a variance to allow a shed in the side yard, a one-foot variance of side-yard setback for the shed and a variance of four and a quarter foot for an engineered panel cover over the driveway. 3.C onsent Agenda A.Minutes C onsider approval of the minutes of the February 25, and April 22, 2021, meetings. 4.Adjournment CASE NUMBER:2021-003: APPLICANT: David D. Arp, 1416 North Mill Road STAFF ANALYSIS SALEM, VIRGINIA 1416 North Mill Road Board of Zoning Appeals (BZA) Public Hearing Date: May 27, 2021 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3036 APPLICANTS’ REQUEST To allow a shed in the side yard with a one-foot variance of side- yard setback and a four and a quarter foot variance for an engineered panel cover over the driveway. BACKGROUND INFORMATION 1416 North Mill Road is zoned RSF, Residential Single Family. The house is a legal conforming structure as it does meet the requirements of the current zoning ordinance. The shed in the side yard was originally placed in 1996. The zoning ordinance at this time required accessory structures to be placed in the rear yard only. In 2020 that shed was demolished and an eight by twenty foot shed (160 sq. ft.) was placed. Since 2005, a zoning permit must be obtained prior to the placement of any structure. A structure larger than 256 square feet also requires a building permit. There is a privacy fence that shields the shed from view from the public right-of-way. (See attached pictures) There are no topography issues on this site. 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 shed 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 current location of the building is adjacent to an asphalt pad which is next to the side garage door making a safe, level walking surface from the house to the building. Both the applicant and his wife have health issues that prevent them from walking in the backyard. The applicant was unaware that a zoning permit was required and that the building had to be placed in the rear yard. The building sits behind a privacy fence and is difficult to see from the right-of-way. The addition of an engineered panel cover over the driveway will protect the area from the weather, making it a safer place for their hobbies that utilize the shed. STREETVIEW OF FRONT YARD Map 1: Topography Map 2: Depiction of yards XXONE xxx4.25 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 May 27, 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 David D. Arp, property owner, for a variance from Section 106-202.3(B)(1) and (2) pertaining to site development regulations, for the property located at 1416 North Mill Road, Tax Map # 34-3-8. The petitioner is requesting a variance to allow a shed in the side yard, a one-foot variance of side-yard setback for the shed and a variance of four and a quarter foot for an engineered panel cover over the driveway. 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 5-13 and 5-20-2021 issues of the “Salem Times Register”. Please send statement to Zoning Administrator, P. O. Box 869, 21 South Bruffey Street, Salem, Virginia 24153). Mary Ellen H. Wines, Zoning Administrator Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov May 5, 2021 Dear Property Owner(s): Notice is hereby given that the City of Salem Board of Zoning Appeals will hold a PUBLIC HEARING at 4:00 p.m. on May 27, 2021, in the Community Room of the Salem Civic Center, 1001 Roanoke Boulevard to consider the following: The request of David D. Arp, property owner, for a variance from Section 106-202.3(B)(1) and (2) pertaining to site development regulations, for the property located at 1416 North Mill Road, Tax Map # 34-3-8. The petitioner is requesting a variance to allow a shed in the side yard, a one-foot variance of side-yard setback for the shed and a variance of four and a quarter foot for an engineered panel cover over the driveway. A map of this area, as well as other information submitted by the above petitioner, may be examined in the Office of Community Development, 21 South Bruffey Street, Salem, Virginia. Due to COVID restrictions, please contact this office for document access. At the above-mentioned public hearing, parties in interest and citizens shall have an opportunity to be heard relative to said request. Sincerely, Mary Ellen H. Wines, CZA CFM Zoning Administrator Board of Zoning Appeals MINUTES Thursday, February 25, 2021, 4:00 PM Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, Virginia 1. Call to Order A regular meeting of the Board of Zoning Appeals of the City of Salem, Virginia, was held after due and proper notice in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 4:00 p.m., on February 25, 2021. Notice of such hearing was published in the February 11, and 18, 2021, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Board, constituting a legal quorum, presided together with Jim H. Guynn, Jr., Interim City Attorney; Charles Van Allman, Director of Community Development; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: Chairman DuBois called the hearing to order at 4:00p.m. 2. Election of Officers A. Election of Officers Consider the election of Chairman and Vice-Chairman for 2021. David Derr motioned to elect Mr. Winston DuBois as Chairman. Thomas Copenhaver seconded the motion. Ayes: Copenhaver, Derr, Dubois, Eanes, Gresham F. Van Gresham motioned to elect Captain Thomas Copenhaver as Vice- Chairman. David Derr seconded the motion. Ayes: Copenhaver, Derr, Dubois, Eanes, Gresham B. Appoint Secretary Pro-Tem Consider appointing a Secretary Pro Tem. Gary Eanes motioned to elect Mary Ellen Wines as Secretary Pro-Tem. F. Van Gresham seconded the motion. Ayes: Copenhaver, Derr, Dubois, Eanes, Gresham 4. Consent Agenda A. Minutes Consider approval of the minutes of the September 21, 2017, October 22, 2020, and December 23, 2020, meetings. Thomas Copenhaver motioned to approve the minutes of the September 21, 2017, October 22, 2020, and December 23, 2020, meetings. F. Van Gresham seconded the motion. Ayes: Copenhaver, Derr, Dubois, Eanes, Gresham 5. Old Business Chairman DuBois asked if there was any old business before the Board. Hearing none, Chairman DuBois opened new business. Chairman DuBois declared that should anyone disagree with the Board’s decision today you have the right to appeal to the Circuit Court of the City of Salem. You must exercise your right to appeal no later than thirty (30) days following the Board’s decision by filing a petition to the Circuit Court specifying the grounds on which you are aggrieved. 6. New Business A. Variance Request Request of Mikel L. and Sheryl H. Trenor, property owners, for a variance from Section 106-202.3(B)(2), minimum setback requirements, of the Code of the City of Salem, to allow the construction of a two hundred and six square foot inground pool located at 309 Fort Lewis Boulevard (Tax Map # 130-2-29). Section 106-202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioners are therefore requesting a variance to allow the construction of a two hundred and six square foot inground pool in the front yard. Sean Goldsmith, PE, Integrity Engineering, PC, 463 White Oak Drive, Blue Ridge, Virginia, appeared before the Board stating that he is the engineer helping the Trenors with the site plan and presentation of the information. From the summary, you are aware of how large the pool is. The site plan does not tell the whole story. The Trenors have lived in that house for thirty- one years. It is not something that they just bought this year and want to change everything. The house was originally constructed in 1935 prior to the existence of the surrounding subdivision. If you look at the front yard of this house and the driveway, the way that this house is oriented, looking from above or looking from the front of the house, the house is facing ninety degrees from Fort Lewis Boulevard. From the homeowner’s standpoint his front yard is where his driveway goes in front of his house. He would like to place the pool in his rear side yard. They are well aware of the definition of the yards, front, side, rear based on the zoning ordinance requirements. That is the reason of the variance request. it is not possible to place the pool in the rear yard because of the existing structures. The pool is required to be within a fence and the owner is willing to also install some additional landscaping and screening, as the owner would not like it to be visible. This will provide a viable visual barrier for the pool. Travelers on Fort Lewis will not be able to see the pool, only the landscaping and screened fence will be visible. He would be happy to answer any questions of the Board. Mr. Trenor owns the adjacent lot, and they will be adjusting the lot line to accommodate for the pool. Vice-Chair Copenhaver requested the pool be described. Mr. Goldsmith responded that the pool is a kidney shaped inground pool and he would let the pool contractor speak. Jason Vaughn, with National Pools, 3483 Sagewood Circle, Salem, Virginia, appeared before the board. The pool is a very small pool. It is more of a therapeutic pool not a recreational pool. The dimensions are roughly twelve feet wide by twenty feet long. This is much smaller than your typical backyard pool. It could be considered more of a hot tub. Chairman DuBois asked if it was heated. Mr. Vaughn replied affirmatively that it is shallow at only four and one-half feet deep for more of a sitting and lounging type of pool. They want to expand the patio between the house and the pool. Vice-Chair Copenhaver inquired if there was any contact from the neighbors. Ms. Wines replied that one neighbor inquired as to what the variance was for, but she had no issues with the request. Boardmember Derr asked if the lot lines were to be adjusted before construction. Mr. Goldsmith replied affirmatively that the plat had to be recorded prior to construction. Adjusting the lot lines does not make either parcel nonconforming. Chairman DuBois questioned if anyone from the Building Inspections division was in attendance or had any comments. Ms. Wines responded that no-one was in attendance and there were no comments. He further asked if there was any correspondence. Ms. Wines replied negatively. Mr. Mike Trenor, property owner, appeared before the Board. he stated that Mr. Goldsmith explained everything in good detail. The only thing he would like to add is that the elevation of the property is so high from the road that it cannot be seen even without the intended landscape. The only ones that could see it would be 311 Fort Lewis Boulevard and they own that property as well. Mr. Derr agreed that it is a very high lot. Chairman DuBois inquired if the Board had any additional questions for the petitioners. Hearing none, he opened the floor to anyone else to speak on the matter. Hearing none, Chairman DuBois closed the public hearing. He opened the floor for discussion; hearing none; F. Van Gresham motioned to grant a variance to allow Mikel L. and Sheryl H. Trenor, property owners, to allow the construction of a two hundred and six square foot inground pool in the front yard. Thomas Copenhaver seconded the motion. Ayes: Copenhaver, Derr, Dubois, Eanes, Gresham B. 2020 Annual Report Consider acceptance of the 2020 Annual Report with authorization to submit to the Salem Planning Commission. Chairman DuBois approved the 2020 Annual Report. 7. Adjournment Chairman DuBois adjourned the meeting at 4:14 p.m. ATTEST: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Winston J. DuBois, Chairman Board of Zoning Appeals Board of Zoning Appeals MINUTES Thursday, April 22, 2021, 4:00 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard 1. Call to Order A regular meeting of the Board of Zoning Appeals of the City of Salem, Virginia, was held after due and proper notice in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 4:00 p.m., on April 22, 2021. Notice of such hearing was published in the April 8, and 15, 2021, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Board, constituting a legal quorum, presided together with Jim H. Guynn, Jr., Interim City Attorney; Joshua Pratt, Civil Engineer, II; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: Chairman DuBois called the hearing to order at 4:02p.m. Absent: Derr, Eanes, Gresham 2. Executive Secretary to the Board of Zoning Appeals A. Appoint Secretary Consider appointing an Executive Secretary. Thomas Copenhaver motioned to elect Mary Ellen Wines as Secretary. Frank Sellers, Jr. seconded the motion. Ayes: Copenhaver, Dubois, Sellers Absent: Derr, Eanes, Gresham 3. New Business Chairman DuBois explained that the Board consists of five members. In order to be granted an approval, an absolute majority must be obtained. In essence, if there are three of the five members in attendance today, you must receive the approval of all three members. You have the right to request a continuance to another meeting where all five members are in attendance. Should you wish to continue your request, please let it be known. Chairman DuBois declared that should anyone disagree with the Board’s decision today you have the right to appeal to the Circuit Court of the City of Salem. You must exercise your right to appeal no later than thirty (30) days following the Board’s decision by filing a petition to the Circuit Court specifying the grounds on which you are aggrieved. A. Variance Request Hold public hearing to consider 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. Chairman DuBois inquired if there was any correspondence. Ms. Wines answered negatively. Chairman DuBois asked if the Board had a chance to view the property. All members present responded that they had seen the property. Chairman DuBois opened the public hearing and invited the petitioners to approach the podium. Mr. Jerry Green of Aquarius Pools, 5606 Barnes Avenue, Roanoke, Virginia, appeared before the Board. Mr. Green stated that they had been in business for 49 years, actually starting the business in Salem. Chairman DuBois asked if the petitioners wanted to proceed with the hearing or continue it to next month. Mr. Green replied to proceed. Mr. Green explained that they would like to construct an inground pool at 825 Pendleton Drive. He presented the Board four pictures. There is very little space in the backyard to put this pool. The pool is going to be about 90% in the backyard. Number one, there is nowhere else to put the pool. Number two, the customer has two disabled sons, and the purpose of the pool is for rehab and relaxation. They are trying to accommodate the area by going with a fairly small pool. The pictures are from both sides of the yard looking at back. Captain Copenhaver inquired how much of the pool will encroach into the side yard. Mr. Green responded that about one foot of the pool itself will encroach into the side yard. Mr. Green continued, stating that he was not sure why Salem has this code because quite frankly every place they work, and they work in about every county and town within an hour, hour and a half radius, does not have this restriction. Everywhere else allows a pool in the side yard. He further stated that he can only assume that the reason for this is what was used to be called an attractive nuisance as the pool may be distracting to people, particularly driving on the road. There are also pictures from the front part of the front side of the yard showing into the back beyond the truck. That is where the pool is going. The second one is a little bit closer in that same area, but it shows that it will not be an attractive nuisance. It is not going to be a distraction. It is not going to be anything in that nature. When looking at the first two pictures as you face the house on the left side, with the side road as it is a corner lot, the pool will not be seen from that street at all. And he doubts that it will be seen from the front Street. The only place it would be seen is as you are facing the house is the right-side neighbor. Chairman DuBois asked the Board if they had any further questions for Mr. Green. Mr. Sellers asked if the fence would be continuous so there would be no gap between the pool and the other property. Mr. Green replied affirmatively. Hearing nothing further, Chairman DuBois excused Mr. Green. Chairman DuBois asked if there was anyone else to speak on this matter and Mr. Jim Long, property owner of 825 Pendleton Drive appeared before the Board. He stated that he was Jim Long, property owner of 825 Pendleton Dr. He further explained that the homeowner’s association has already approved the pool at the end of the driveway. Of course, the fence will be there, and they will have shrubbery in front of the fence blocking things off from Pendleton. He has spoken with Curt on the fencing, and he has been out and where it has got to go to make it to code so far as he knows they should be good there too. Chairman DuBois inquired if the Board had any questions of Mr. Long. Hearing none, he excused Mr. Long. With no further speakers, Chairman DuBois closed the public hearing. Chairman DuBois asked if the City had any comments on the matter. Ms. Wines replied negatively. Chairman DuBois asked the Board for any discussion and hearing none he would entertain a motion. Thomas Copenhaver motioned to grant a variance to allow the construction of an in-ground pool encroaching into the side yard. Frank B. Sellers, Jr. seconded the motion. Ayes: Copenhaver, Dubois, Sellers, Absent: Derr, Eanes, Gresham 4. Adjournment Chairman DuBois adjourned the meeting at 4:18 p.m. ATTEST: _______________________________________________________________________________________________________________ Winston J. DuBois, Chairman Board of Zoning Appeals