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HomeMy WebLinkAbout12/23/2020 - Zoning Appeal - Agenda -B oard of Zoni ng Appeals AGENDA Wednesday, December 23, 2020, 4:00 PM Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153 1.Call to Order 2.Old Business 3.New Business A.F loodway Variance Request Consider the request of T he Trustees of Roanoke C ollege, property owners, for a variance from Section 106-226.7 pertaining to development restrictions in a floodway, for the property located at 301 Campus Lane, Tax Map # 86-3-4. T he petitioners are requesting to construct a pavilion within the floodway. 4.Adjournment CASE NUMBER:2020-003: APPLICANT: Trustees of Roanoke College 301 Campus Lane STAFF ANALYSIS SALEM, VIRGINIA 301 Campus Lane Board of Zoning Appeals (BZA) Public Hearing Date: December 23, 2020 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3036 APPLICANTS’ REQUEST To construct a 12’ x 20’ pavilion in the floodway, on the paver area at the end of Alumni Lane, a portion of 301 Campus Lane (Tax Map # 86-3-4). BACKGROUND INFORMATION 301 Campus Lane is zoned CUD, College and University District and consists of 52.038 acres. This pavilion is one of 5 being installed on campus. They are to be built in areas that are currently Patio Areas along side of Walkways. There is Concrete Pavers there now. They will remove the pavers at each post, dig and pour the footer level with the top of the existing pavers, then the removed pavers would be cut and fit around the pier. The pavilion proposed at the end of Alumni Lane is within the FEMA designated floodway. Additional information will be presented at the meeting. It was not available at the time of this submittal. RELEVANT EXCERPTS FROM ZONING ORDINANCE Sec. 106-226.7. - Development restrictions, floodway. (A) Generally. Under no circumstances shall any use, activity, stream bed alteration or relocation, new construction, substantial improvements and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. In floodways, no encroachments, fill, new construction, substantial improvements or other development shall be permitted, except where the effect of such development (as may be permitted in accordance with the regulations of the underlying zoning district) on flood heights is fully offset by accompanying improvements which have been approved by appropriate local, state and/or federal authorities as required by law (i.e., no proposed use, development or activity shall be permitted within the floodway which would cause any increase in flood levels during the 100-year flood). (B) Alternation and relocation of floodway and channel. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within the City of Salem, approval shall be obtained from the U. S. Corps of Engineers, the State Water Control Board, and the State Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administration. Map 1: Flood Map Map 2: Surrounding Existing Land Uses & Development Single- Family College & University College & University Mary Ellen H. Wines, Zoning Administrator Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3036, mewines@salemva.gov Zoning Administration Division December 3, 2020 The Trustees of Roanoke College 221 College Lane Salem, Virginia 24153 RE: Variance Request 301 Campus Lane Tax Map # 86-3-4 Dear Trustees: You and/or your agent shall appear before the Board of Zoning Appeals on: Wednesday December 23, 2020 at 4:00 p.m. in the Community Room of the Salem Civic Center, 1001 Roanoke Boulevard for consideration of your request for a variance for the above referenced property. If you have any questions regarding this matter, please contact our office at (540) 375-3032. Sincerely, Mary Ellen H. Wines, CZA CTM Zoning Administrator 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 December 23, 2020, 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. Request of The Trustees of Roanoke College, property owners, for a variance from Section 106-226.7 pertaining to development restrictions in a floodway, for the property located at 301 Campus Lane West Riverside Drive, Tax Map # 86-3-4. The petitioners are requesting to construct a pavilion within the floodway. 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 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. I. Call to order (Chairman) II. Roll Call (Secretary) III. Officers elected IV. Approval of Minutes (Chairman to entertain a motion) V. Declaration of Appeal to Circuit Court (Chairman) VI. Reading of first case (Administrator) VII. Request of correspondence (Chairman of Administrator) VIII. Request of viewing of the Board (Chairman) IX. Request for petitioners and/or comments for the case (Chairman) X. Board discussion XI. Request for motion (Chairman) XII. Roll Call (Secretary) XIII. Repeat VI – XI if more than one case XIV. Request for unfinished business (Chairman) XV. Request for new business XVI. Adjournment 1Amendments from House Bill 796, from the 2018 Session of the Virginia General Assembly, are in italics and underlined. 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. To move to a closed session for consultation of legal counsel: Motion to close: Move to convene in closed session pursuant to Section 2.2-3711 A (8), of the Code of Virginia, 1950 as amended to date, for the purpose of consultation with legal counsel. Motion to open: Move that in accordance with Section 2.2-3711 A (8). of the Code of Virginia, 1950 as amended to date, this Board hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Board. To move to a closed session for the protection of the privacy of boardmembers in personal matters not related to items on the agenda: Motion to close: Move to convene in closed session pursuant to Section 2.2-3711 A (4), of the Code of Virginia, 1950 as amended to date, for the purpose of privacy protection of personal matters not related to public business. Motion to open: Move that in accordance with Section 2.2-3711 A (4). of the Code of Virginia, 1950 as amended to date, this Board hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Board.