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Home My WebLink About1/23/2020 - Zoning Appeal - Agenda -Board of Zoning Appeals AGENDA Thursday, January 23, 2020, 4:00 PM City Hall, Council Chambers, 114 North Broad Street, Salem, Virginia 1.Call to Order 2.Election of Officers 3.Consent Agenda A.Minutes Consider approval of the minutes of the August 18, 2016, and August 17, 2017, meetings. 4.New Business A.Variance Request Request of Richard C. and Robyn A. Goodpasture, 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 14’ x 20’ inground pool/spa located at 225 Northern Trail (Tax Map # 10-1-1.7). 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 14’ x 20’ inground pool/spa in the front yard. B.2019 Annual Report Consider acceptance of the 2019 Annual Report with authorization to submit to the Salem Planning Commission. 5.Adjournment CASE NUMBER:2020-001: APPLICANT: Richard C. and Robyn A. Goodpasture – 225 STAFF ANALYSIS SALEM, VIRGINIA 225 Northern Trail Board of Zoning Appeals (BZA) Public Hearing Date: January 23, 2020 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3036 APPLICANTS’ REQUEST To construct a 14’ x 20’ inground pool/spa in the front yard of 225 Northern Trail (Tax Map # 10 – 1 – 1.7). Applicants’ Notes: • The topography in the rear of the property does not allow for such a project due to its steep slope. • The proposed location is the front yard just to the right of her driveway next to an existing entertaining area. • We understand that the code restricts the ability to build in front of the front plane of the home parallel to the road frontage. • The property sits at the end of a large cul-de-sac and has a long driveway in which the pool would not be easily visible from the public road. • The pool will be equipped with an automatic cover, which prevents the need for a barrier fence, therefore, reducing any unsightly obstructions. • Please see attached plat, map, landscape plan, working pool drawing, and example of a similar completed project. BACKGROUND INFORMATION 225 Northern Trail is zoned RSF, Residential Single-Family District and consists of 3.617 Acres. This parcel was part of the Frank C. Young Heirs 9.28-acre rezoning of July 2007. The property was rezoned from AG, Agricultural District to RSF, Residential Single-Family District. The following conditions were placed on the rezoning by City Council: 1. All lots shall meet all zoning requirements including the minimum road frontage requirements; 2. Sight distance requirements shall be met for the proposed intersection; and 3. Building requirements of no vinyl, only brick and stone foundations, architectural shingles, paved driveways, and stone and landscaped entranceway. The owners, Richard and Robyn Goodpasture, had their home built in 2012. The attached plat shows the location of the existing home as designed by the owners. 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. Map 2: Surrounding Existing Land Uses & Development Map 1: Topography Single- Family Single-Family dwelling zoned Agriculture Vacant Agriculture Department of Community Development Mary Ellen H. Wines, Zoning Administrator 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3036, 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 January 23, 2020, at 4:00 p.m. in the Council Chambers of City Hall, 114 North Broad Street, in the City of Salem, Virginia, to consider the following applications. Request of Richard C. and Robyn A. Goodpasture, 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 14’ x 20’ inground pool/spa located at 225 Northern Trail (Tax Map # 10-1-1.7). 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 14’ x 20’ inground pool/spa in the front 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 375-3036). THE BOARD OF ZONING APPEALS OF THE CITY OF SALEM BY: Mary Ellen H. Wines, CZA, CTM Zoning Administrator (Please publish in the 1-9-2020 and 1-16-2020 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) 375-3036, mewines@salemva.gov Zoning Administration Division December 31, 2019 Richard C. and Robyn A. Goodpasture 225 Northern Trail Salem, Virginia 24153 RE: Variance Request 225 Northern Trail Tax Map # 10-1-1.7 Dear Mr. and Mrs. Goodpasture: You and/or your agent shall appear before the Board of Zoning Appeals on: Thursday, January 23, 2020 at 4:00 p.m. in the Council Chambers of the City of Salem, 114 North Broad Street 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) 375-3036. Sincerely, Mary Ellen H. Wines, CZA CTM Zoning Administrator Enclosure C: Austin Vaughan National Pools of Roanoke, Inc. Mary Ellen H. Wines, Zoning Administrator Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3036, mewines@salemva.gov December 31, 2019 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 January 23, 2020 in the Council Chambers of the City of Salem, 114 North Broad Street to consider the following: Request of Richard C. and Robyn A. Goodpasture, 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 14’ x 20’ inground pool/spa located at 225 Northern Trail (Tax Map # 10-1-1.7). 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 14’ x 20’ inground pool/spa in the front yard. 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. 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 CTM Zoning Administrator MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 10/ 1/ 1.10/ / 204 NORTHERN TRL PATEL, DISHA PATEL, ARPIT 321 HORNER LN SALEM, VA 24153 10/ 1/ 1.5/ / 217 NORTHERN TRL MASSGOOD LLC 1819 ELECTRIC RD STE E ROANOKE, VA 24018 10/ 1/ 1.6/ / 221 NORTHERN TRL MASSGOOD LLC 1819 ELECTRIC RD STE E ROANOKE, VA 24018 10/ 1/ 1.9/ / 208 NORTHERN TRL LOYD, MARVIN L JR LOYD, KRISTEN C 208 NORTHERN TRL SALEM, VA 24153 10/ 1/ 3/ / 393 PENGUIN LN BARBARA R BOOKER LIVING TRUST 316 POLAR LN SALEM, VA 24153 11/ 1/ 1/ / 999 POLAR LN BUSSEY MARILYN E 999 POLAR LN SALEM, VA 24153 7/ 1/ 1/ / 900 POLAR LN BLK VALLEY PROPERTIES LLC 3330 HOLLINS RD STE A ROANOKE, VA 24012 2019 MEMBERS: Mr. Winston J. DuBois, Chairman Mr. F. Van Gresham, Vice-Chairman Mr. David E. Derr Mr. Gary L. Eanes Captain Thomas L. Copenhaver ALTERNATE MEMBERS: Mr. Frank B. Sellers, Jr. Ms. Macel H. Janoschka Vacant Position STAFF: Rita G. Wygal, Secretary Mary Ellen H. Wines, Zoning Administrator Stephen M. Yost, City Attorney Charles E. Van Allman, Jr., Community Development Director 2019 Section 15.2-2308 of the Code of Virginia, as amended states that every locality that has enacted or enacts a zoning ordinance pursuant to this chapter or prior enabling laws, shall establish a board of zoning appeals by the circuit court for the locality. Their terms of office shall be for five years each. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the locality except that one may be a member of the local planning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies. At the request of the local governing body, the circuit court for any other locality may appoint not more than three alternates to the board of zoning appeals. 2019 Section 106-528 of The Code of the City of Salem states that the Salem Board of Zoning Appeals shall consist of five members, and up to three alternates who shall be appointed by the Circuit Court. 2019 In accordance with Section 106-528.1 of The Code of the City of Salem, the powers and duties of the Board are as follows: (A)The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of the Zoning Ordinance. (B)The BZA shall have the power and duty to authorize upon appeal or original application in specific cases a variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship. (C)The BZA shall have the power and duty to hear and decide appeals from any written decision of the administrator. (D)The BZA shall have the power and duty to hear and decide applications for interpretation of the official zoning map where the administrator believes there is uncertainty as to the location of a district boundary. 2019 January 24, 2019: The Board granted the request of City of Salem, property owners, for a variance from Section 106-226.7 pertaining to development restrictions in a Floodway, for the right-of-way property located east of 359 Kessler Mill Road. The petitioners are requesting to construct a pedestrian bridge spanning Gish Branch that will be incorporated into the Hanging Rock Battlefield Trail. March 28, 2019: The Board granted the request of Daniel and Deborah Ullmer, 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 placement of a storage shed at 708 Bradford Circle (Tax Map # 85 –4 –4.5). Section 106-202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioner is therefore requesting a variance to allow the placement of an 8’ x 10’ storage shed in the side yard. 2019 March 28, 2019: The Board granted the request of Linda D. Durrill, property owner, for a variance from Section 106-202.3(B)(1), minimum setback requirements, of the Code of the City of Salem, to allow the construction of an addition and deck in the rear yard of 108 Academy Street (Tax Map # 105-3-10). Section 106-202.3(B)(1) states that the rear setback shall be twenty-five feet (25’). The petitioner is therefore requesting a variance of six feet seven tenths (6.7’) of rear setback. July 25, 2019: The Board granted the request of O’Connor Irish Corner Revocable Trust, R. Coy & Elizabeth B. O’Connor, Co-Trustees, 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 carport at 323 Roanoke Boulevard (Tax Map # 146-1-1). Section 106- 202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioner is therefore requesting a variance to allow the addition of a 34’ x 11.6’ carport that extends into the side yard. 2019 July 25, 2019: The Board granted the request of Marvin L. Loyd, Jr. and Kristen C. Loyd, 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 garage at 208 Northern Trail (Tax Map # 10-1-1.9). Section 106-202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioner is therefore requesting a variance to allow the construction a 40’ x 30’ detached garage in the side yard. August 22, 2019: The Board granted the request of 21 East Main Street, LLC, property owner, for a variance from Section 106-226.7 of the Code of the City of Salem, to allow the construction of an accessory deck structure within the existing parking lot in the floodway located in the 10 block of East Clay Street (Tax Map # 106 -8 -4).Section 106— 226.7(A) states that no new construction shall be permitted, except where the effect of such development on flood heights is fully offset. 2019 MEMBERS: Mr. Winston J. DuBois, Chairman Mr. F. Van Gresham, Vice-Chairman Mr. David E. Derr Mr. Gary L. Eanes Captain Thomas L. Copenhaver ALTERNATE MEMBERS: Mr. Frank B. Sellers, Jr. Ms. Macel H. Janoschka Vacant Position 4 of 4 meetings 4 of 4 meetings 3 of 4 meetings 2 of 4 meetings 4 of 4 meetings 2 of 4 meetings 1 of 4 meetings 2019 Appeals Variances 0 1 2 3 4 5 6 2014 2015 2016 2017 2018 2019 1 0 0 0 0 0 1 0 1 4 4 6 Applications Appeals Variances 2019 33% 33% 17% 17% Percentage of Variance Requests Accessory structures in side yard Floodplain Side Setback Rear Setback 2019 This report is respectfully submitted pursuant to Section 15.2-2308(C) of the Code of Virginia. 2019