Loading...
HomeMy WebLinkAbout6/15/2011 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION June 15, 2011 A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on June 15, 2011, there being present all the members of said Commission, to wit: Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, Bruce N. Thomasson, and Samuel R. Carter III; with Terrance D. Murphy, Chairman, presiding; together with Kevin S. Boggess, City Manager; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, due to the absence of the Executive Secretary, Judy L. Hough, is hereby appointed Executive Secretary Pro Tem for this meeting of the City of Salem Planning Commission – the roll call vote: all aye. ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on April 13, 2011, and the work session held on May 11, 2011, were approved as written – the roll call vote: all aye. In re: Request for preliminary and final approval of a proposed resubdivision plat filed by Gregory T. Harvey, property owner, for the property located at 1031 Kesler Mill Road (Tax Map #12-3-5) The Executive Secretary Pro Tem reported the Commission had received a request for preliminary and final approval of a proposed resubdivision plat filed by Gregory T. Harvey, property owner, for the property located at 1031 Kesler Mill Road (Tax Map #12-3-5); and WHEREAS, staff noted the following: the subject property consists of three parcels, located beyond the walking trail on the west side of Kesler Mill Road; the property is approximately .68 acres and is occupied by a single family residence; the property has approximately 200 feet of frontage along the Hanging Rock Battlefield Trail, located on the former Catawba Branch Railroad right of way, adjacent to Kesler Mill; if approved, this subdivision will create two lots, one approximately .3 acres and one approximately .37 acres; the only issue related to the subdivision of this property is the fact that the property does not 2 have frontage on a city street; before the construction of the Hanging Rock Trail, this property was separated from Kesler Mill Road by the Catawba Branch Railroad siding; Section 78-118 of the city’s subdivision ordinance requires all lots in a subdivision to have frontage on a public street and further states that where existing streets make this regulation impractical, the Planning Commission may waive such regulation; should the Commission wish to approve the subdivision request, a waiver of Section 78-118 must be granted; approval of the subdivision is subject to City Council granting easements for ingress/egress to the new lots; and City Council will consider the easement requests at its June 27th meeting; and WHEREAS, Chairman Murphy stated an issue had come up related to this request which would require the petitioner to apply for a variance from the Board of Zoning Appeals; he noted that he thought the City Manager had discussed the issue with Mr. Clemons; and WHEREAS, Alan Clemons of Parker Design Group, representing the property owner, appeared before the Commission explaining the request to subdivide this property into two parcels; he stated that the petitioner is trying to take a bad situation and make it better; he has done a lot of work on the existing house and would now like to subdivide the property; he noted they were made aware of the issue regarding the setback of the existing house earlier today; he stated that, of course, Mr. Harvey is not very happy about the situation because he had been to City offices and spoke to someone about subdividing; he was told that there should not be any problems with the subdivision; obviously, they did not foresee this issue; and WHEREAS, Chairman Murphy noted that the City’s staff is as competent and as professional as any staff he would find anywhere or would have the opportunity to work with; further, he stated that oftentimes petitioners find that the staff is far easier to work with than other localities; but from time to time oversights happen, and staff apologizes for that; he further noted that some time back the Commission had established protocol if the request required a variance from the Board of Zoning Appeals, then it should go before that body first; he feels comfortable and he believes that the rest of the Commission is comfortable with maintaining that protocol; in addition, he asked Mr. Clemons if he was aware of staff’s 3 recommendation for only one driveway easement across the Hanging Rock Trail; Mr. Clemons noted that they were aware of the recommendation; he stated that Mr. Harvey’s concern regards the parking for the existing house; Chairman Murphy noted that he wanted to make sure that he was aware of the issues related to the request; he stated that the Commission is going to recommend a continuance so that the petitioner can request a variance from the Board of Zoning Appeals; and WHEREAS, Mr. Clemons noted that the petitioner is in a hurry, but he understands that things happen; and WHEREAS, Commission Member Robertson noted that this is the proper procedure; the BZA request comes before the Commission when there is an issue such as this; he noted that he also regretted that this was not caught earlier but that does not change anything; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by Gregory T. Harvey, property owner, for the property located at 1031 Kesler Mill Road (Tax Map #12-3-5) is hereby continued in order to give the petitioner an opportunity to seek a variance from the Board of Zoning Appeals for the front yard setback – the roll call vote: all aye. There being no further business to come before the Commission, the same on motion adjourned at 7:12 p.m.