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HomeMy WebLinkAbout4/15/2009 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION April 15, 2009 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 April 15, 2009, there being present the following members of said Commission, to wit: Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson (Gardner W. Smith – absent); with Terrance D. Murphy, Vice Chairman, presiding; together with Melinda J. Payne, Director of Planning and Development; Charles VanAllman, City Engineer; Charles B. Aldridge, Sr., Acting Building Official and Zoning Administrator; Benjamin W. Tripp, Planner; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER DAULTON, AND DULY CARRIED, due to the absence of the Executive Secretary and Assistant Executive Secretary, Melinda J. Payne is hereby appointed Executive Secretary Pro Tem for this meeting of the City of Salem Planning Commission – the roll call vote: all present – aye. ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on January 14, 2009, were approved as written – the roll call vote: all present – aye. In re: Request of Allen C. Boley and Boley Properties LLC, property owners, for rezoning two parcels located at 115 and 123 Fort Lewis Boulevard (Tax Map #s 137-4-9.3 and 137-4-9) from HBD Highway Business District to RSF Residential Single Family District The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request of Allen C. Boley and Boley Properties LLC, property owners, for rezoning two parcels located at 115 and 123 Fort Lewis Boulevard (Tax Map #s 137- 4-9.3 and 137-4-9) from HBD Highway Business District to RSF Residential Single Family District; and 2 WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the April 1 and 8, 2009, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed April 3, 2009; and WHEREAS, staff noted the following: the subject property consists of two parcels, located on the east side of Fort Lewis Boulevard, north of West Main Street; the parcel located at 115 Fort Lewis Boulevard is approximately 1.34 acres and is currently occupied by a single family residence and a large garage; the parcel located at 123 Fort Lewis Boulevard is approximately 1.4 acres and is currently occupied by a two-family residence; both are currently zoned HBD; this request is to rezone the properties to RSF, in order to conform to the existing use of the property; the applicants have stated in order to obtain refinancing on the properties lenders require that the use conform to the zoning; and there is a separate Special Exception Permit application for the existing two-family dwelling on the second property; and WHEREAS, Allen C. Boley of 115 Fort Lewis Boulevard, property owner, appeared before the Commission in support of the rezoning request; he noted he and his family are trying to get the zoning of the properties into compliance with the current use; he stated that they have tried to obtain refinancing but have not been able to do so because of the business zoning; further, he has been told that if one of the houses burns down they could only rebuild as a business; and WHEREAS, Commission Member Robertson noted that the Commission is aware of the problem related to grandfathered properties and the fact that these cannot be rebuilt as residences unless the property is rezoned; further, he noted that the Commission will face more of these situations in the future; and WHEREAS, no other person(s) appeared related to said request; 3 ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Allen C. Boley and Boley Properties LLC, property owners, for rezoning two parcels located at 115 and 123 Fort Lewis Boulevard (Tax Map #s 137-4-9.3 and 137-4-9) from HBD Highway Business District to RSF Residential Single Family District be approved as presented – the roll call vote: all present - aye. In re: Request of Boley Properties LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 123 Fort Lewis Boulevard (Tax Map # 137-4-9) The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request of Boley Properties LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 123 Fort Lewis Boulevard (Tax Map # 137-4-9); and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the April 1 and 8, 2009, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed April 3, 2009; and WHEREAS, staff noted the following: the subject property consists of one parcel, located on the east side of Fort Lewis Boulevard, north of West Main Street; it is approximately 1.4 acres and is currently occupied by a two-family residence; this is part of the request as outlined in Item #1; this request is for a Special Exception Permit in order to allow the existing two-family dwelling, in RSF; the applicants have stated in order to obtain refinancing on the properties lenders require that the existing use conform to the zoning; there is a separate application for rezoning from HBD to RSF for this property and 115 Fort Lewis Boulevard; and both properties contain existing residences; and WHEREAS, Allen Boley, property owner, appeared in support of the special exception permit request; he noted that the property has been used as a two-family residence since 1968; he further noted that the property has been in the family since the 1960s; and 4 WHEREAS, Commission Member Daulton asked Mr. Boley if they had any plans to rent the duplex; Mr. Boley noted that currently his sister and her husband live in one side of the residence, and the caretaker for his mother lives in the other side; and he noted that they did not have any plans at this time to rent either unit, but they might want to rent in the future; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Boley Properties LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 123 Fort Lewis Boulevard (Tax Map # 137-4-9) be approved as presented – the roll call vote: all present - aye. There being no further business to come before the Commission, the same on motion adjourned at 7:06 p.m.