HomeMy WebLinkAbout10/28/2021 - Zoning Appeal - Agenda -Board of Zoning Appeals
AGENDA
Thursday, October 28, 2021, 4:00 PM
Council Chambers, City Hall, 114 North Broad Street
1.C all to Order
2.New Business
A.Variance Request
Hold public hearing to consider the request of Richard E. and Betty W. Bryson, property
owners, for a variance from Section 106-202.3(B)(1) of the City of Salem Zoning Ordinance
pertaining to site development regulations, for the property located at 1507 Millwood Drive,
Tax Map # 205-1-2.4. T he petitioners are requesting a variance of 9 feet of side-yard
setback to allow a carport addition. Section 106-202.3(B)(1) states that a side-yard setback
of ten percent (9.0 feet) is required.
B.Variance Request
Hold public hearing to consider the request of Richard H. and Elizabeth K. Macher, property
owners, for a variance from Section 106-204.3(B)(2) of the City of Salem Zoning Ordinance
pertaining to site development regulations, for the property located at 1900 South Clearing
Road and 1900 block South Clearing Road, Tax Map #s 277-1-4 and 285-13-1,
respectively. T he petitioners are requesting a variance to allow the construction of a 28' x
22' pool house and 16' x 32' pool in the side yard. Section 106-204.3(B)(2) states that
accessory structures must be built behind the rear building line of the principal structure (or
in the rear yard).
3.Adjournment
CASE NUMBER:2021-005:
APPLICANTS: Richard and Betty Bryson, 1507 Millwood Drive
STAFF
ANALYSIS
SALEM, VIRGINIA
1507 Millwood Drive
Board of Zoning Appeals (BZA)
Public Hearing Date:
October 28, 2021
Community Development
Zoning Administration
Division
21 South Bruffey Street
(540) 375-3032
APPLICANTS’ REQUEST
The request for a variance from Section 106-202.3(B)(1) of the City of Salem Zoning
Ordinance pertaining to site development regulations, for the property located at 1507
Millwood Drive, Tax Map # 205-1-2.4. The petitioners are requesting a variance of 9 feet
of side-yard setback to allow a carport addition. Section 106-202.3(B)(1) states that a side-
yard setback of ten percent (9.0 feet) is required.
BACKGROUND INFORMATION
1507 Millwood Drive 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 lot in which
the house sits, is also a legal conforming lot as it does meet the required lot standards.
The house was built in 1976. It is a 1,484 square foot single story home with a finished
basement. It has three bedrooms and three baths.
There are no topography issues on this site.
The zoning ordinance requires a 10% of the lot width as the side-yard setback. In this case
the required side yard is 9.0 feet. The petitioner is requesting to build a carport addition into
the side yard. This addition will extend to the side property line.
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.
1. Principal Structure:
Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the
centerline of any right-of-way less than 50 feet in width. However, if an adjoining
lot is developed, no principal structure shall be required to have a front yard
greater than that observed by an existing building on an adjoining lot.
Side Yard: Any side yard shall be a minimum of ten percent of lot width.
However, under no circumstances shall either side yard be required to exceed 25
feet.
Rear Yard: 25 feet.
NEIGHBORHOOD VIEW OF PROPERTY
CASE NUMBER:2021-006:
APPLICANTS: Richard & Betty Macher, 1900 and 1900 block South
Clearing Road, Tax Map #s 277-1-4 and 285-13-1
STAFF
ANALYSIS
SALEM, VIRGINIA
1900 and 1900 blk South Clearing Road
Board of Zoning Appeals (BZA)
Public Hearing Date:
October 28, 2021
Community Development
Planning and Zoning
Division
21 South Bruffey Street
(540) 375-3032
APPLICANTS’ REQUEST
The request for a variance from Section 106-204.3(B)(2) of the City of Salem Zoning
Ordinance pertaining to site development regulations. Section 106-204.3(B)(2) states that
accessory structures must be built behind the rear building line of the principal structure
(or in the rear yard. The petitioners are requesting a variance to allow the construction of
a 28' x 22' pool house and 16' x 32' pool in the side yard.
BACKGROUND INFORMATION
1900 South Clearing Road is zoned RMF, Residential Multi Family. The house is a legal
conforming structure as it does meet the requirements of the current zoning ordinance. The
lot in which the house sits, is a legal conforming lot as it does meet the required lot standards.
1900 block South Clearing Road is a vacant lot that must be combined with 1900 South
Clearing to allow the accessory structures to be built if the variance is approved.
The house is a 2,039 square foot multi-level home with three bedrooms and two baths. The
original carport was enclosed in 2002.
The topography in the small rear yard is extremely steep and does not allow for the proposed
accessory structures to be built in this area.
The zoning ordinance requires that all accessory structures be built in the rear yard only. The
petitioner is requesting to build the pool and pool house in the side yard.
RELEVANT EXCERPTS FROM ZONING ORDINANCE
Sec. 106-204.3. Site development regulations.
The following are general development standards for the RMF Residential Multi-Family
District. For additional, modified or more stringent standards see article III, use and design
standards.
(A) Minimum Lot Requirements.
1. Area: 7,200 square feet.
2. Frontage: 60 feet on a public street.
3. Width: In order to maximize land usage, lots which front on a curve and whose
side lot lines are perpendicular to the right-of-way center line are required to
have an average 75-foot width. All other lots will be required to have a minimum
width of 75 feet.
(B) Minimum Setback Requirements.
1. Principal Structure:
Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the
centerline of any right-of-way less than 50 feet in width. However, if an adjoining
lot is developed, no principal structure shall be required to have a front yard
greater than that observed by an existing building on an adjoining lot.
Side Yard: 20 feet.
Rear Yard: 20 feet.
Single-Family Dwellings shall conform with the minimum setback regulations of
Section 106-202.3 Residential Single-Family District RSF.
2. Accessory Structures:
Front Yard: Behind the rear building line of the principal structure.
Side Yard: Two feet.
Rear Yard: Two feet.
APPLICANT POSITION
Due to the layout of the house to the property we do not have a back yard for this
structure to be placed. On the original deed by Mr. Mattern, it has a provision for a pool
knowing it could not be built behind the house. As stated in the petition the 28'x22' pool
house design fits with the original design of the manor house.
AERIAL VIEW OF PROPERTY