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HomeMy WebLinkAbout9/10/2008 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION September 10, 2008 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 September 10, 2008, there being present the following members of said Commission, to wit: Gardner W. Smith, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson (Terrance D. Murphy – absent); with Gardner W. Smith, Chairman, presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary, ex officio member of said Commission; 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 THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on August 1 3 , 2008, were approved as written – the roll call vote: all present - aye. In re: Consider the request for preliminary and final approval of a proposed subdivision plat filed by Michael O. Garst, Inc., contract purchaser/ developer, for a 3.02 acre parcel located in the 100 block of Carey Avenue (Tax Map #83-2-1) The Executive Secretary reported that the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by Michael O. Garst, Inc., contract purchaser/developer for a 3.02 acre parcel located in the 100 block of Carey Avenue (Tax Map #83-2-1); WHEREAS, staff noted the following: the subject property consists of one parcel located on Carey Avenue, north of East Main Street; the property is vacant and wooded; this request is for approval of a major subdivision allowing seven detached single family homes to be built on the site; a site plan for this development has been submitted to the city and approved by staff; a 2 slight rise in Carey Avenue in front of Lot #4 that may have presented line-of-sight difficulties will be removed with the cooperation of the Street Department; and WHEREAS, Paul Brown of Parker Design Group, 816 Boulevard, Salem, representing the contract purchaser/developer, appeared before the Commission explaining the request to subdivide this parcel for a single family residential subdivision consisting of seven parcels; and WHEREAS, Commission Member Thomasson asked Mr. Brown what was being done with the road where the subdivision is proposed; Mr. Brown noted that there is a site distance issue; he noted that the City of Salem Street Department had planned on removing the hump in the road prior to their subdivision submittal; with their submittal, it provided another set of eyes to look at the problem; and he has more or less agreed with the Street Department staff about what needed to be done in order to have adequate site distance here; and WHEREAS, Commission Member Thomasson asked if there were any water or drainage issues; Mr. Brown noted they examined the storm water management, and there was no defined drainage easement; due to this, they are proposing to install a series of 48” pipe for infiltration to handle the impervious area of this site; in addition, they will install a private line that will let the upstream water travel underground to get to the backside of this property; they also plan to install a level spreader and some infiltration pipe at the rear so that the water leaving the site will not be concentrated but rather spread over 30 to 40 feet; and WHEREAS, Chairman Smith noted that there is a drainage problem across the street, which has been a problem for some time; Mr. Brown noted that the proposed storm water management for this site may provide the City the opportunity to fix the problem in some manner; he noted that it may alleviate some of the standing water at this location; and 3 WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by Michael O. Garst, Inc., contract purchaser/developer for a 3.02 acre parcel located in the 100 block of Carey Avenue (Tax Map #83-2-1) is hereby approved, and the Executive Secretary and City Engineer are hereby authorized to endorse such final approval on said final plat in accordance with The Code of the City of Salem, Virginia – the roll call vote: all present –aye. In re: Request of Patricia H. Powell, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 628-630 Kimball Avenue (Tax Map #215-8-17) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Patricia H. Powell, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 628-630 Kimball Avenue (Tax Map #215-8-17); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 28, and September 4, 2008, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed August 29, 2008; and WHEREAS, staff noted the following: the subject property consists of one parcel located on Kimball Avenue, to the southeast of the intersection with Plum Street; the parcel is approximately 11,700 square feet and is currently occupied by an existing split- level style duplex; this request is to bring the property into compliance with the zoning so that it may be sold; the buyer is unable to obtain financing because, as a grandfathered use, if the building were destroyed, it could not be rebuilt as a duplex; and 4 WHEREAS, Leigh Powell of 2223 Westover Avenue, Roanoke, daughter and legal guardian of Patricia Hayes Powell, appeared before the Commission explaining the request for a Special Exception Permit to allow the property at 628-630 Kimball Avenue to be used for a two-family dwelling; she noted that her brother, Bill Powell, is also a legal guardian and conservator for her mother’s estate; she noted that her mother, Patricia Hayes Powell, was declared unable to care for herself by the Salem courts approximately four years ago; her mother is currently in a facility for dementia, and she and her brother have been handling the property since that time; they have been renting the duplex to offset the costs associated with their mother’s care; she noted that the care is very expensive; when her mother purchased the property in 1979, the duplex use was grandfathered; her mother lived in the upstairs unit and rented the downstairs unit; Ms. Powell said she and her brother have made some improvements to the property and listed it for sale; they found out two days before closing on the property that the lending institution would not loan the money due to the grandfathered use; therefore, they are here this evening to request a Special Exception Permit so the property can continue to be used for a two-family dwelling; and WHEREAS, Commission Member Daulton noted that there are several other properties on Kimball Avenue being used as two family dwellings; she asked staff if there was some way around the issue since the properties are zoned for single family dwellings or will each of those properties have to request a Special Exception Permit as well; Assistant City Manager Jay Taliaferro noted that the City may see this issue come up from time to time as property owners look to refinance or the properties are sold; he noted that this is a technicality that the banks bring up; personally he does not necessarily agree that it has to be rezoned or a Special Exception Permit issued; further, the bank’s contention is that a structure could not be rebuilt, but banks also require insurance so they would actually receive their payment and would not be out any 5 money; he noted that in the past the City has looked favorably on these requests because they have not had a large impact on neighborhoods; 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 Patricia H. Powell, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 628-630 Kimball Avenue (Tax Map #215-8-17) be approved as presented – the roll call vote: all present – aye. In re: Request of Timothy R. and Susan C. Martin, property owners, for rezoning the property located at 107 Preston Street (Tax Map #161-4-4) from HBD Highway Business District to RSF Residential Single Family District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Timothy R. and Susan C. Martin, property owners, for rezoning the property located at 107 Preston Street (Tax Map #161-4-4) from HBD Highway Business District to RSF Residential Single Family District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 28, and September 4, 2008, issues of The Roanoke Times and adjoining property owners were notified by letter mailed August 29, 2008; and WHEREAS, staff noted the following: the subject property consists of one 45-foot lot, and three 25-foot lots, located at the intersection of Union Street and Preston Street; the parcel is currently occupied by a two story single family residence and is approximately 13,800 sq. ft.; it is currently zoned HBD; this 6 request is to rezone the property to RSF; the applicants state that they would like to rent the existing structure; they also state they would like to be able to build additional houses or a duplex on the vacant lots; the existing structure occupies three of the lots, the 45 foot one and the southernmost two 25 foot lots (Lots 1-3); the only currently buildable lot is Lot 4, which is 25 feet wide and 115 feet long; and this lot fronts on Union Street; and WHEREAS, Timothy Martin of 1164 Middle Creek Road, Buchanan, property owner, appeared before the Commission explaining the rezoning request; he noted he and his wife have tried to rent the property for business use but have not had any luck; he stated that they have owned the house for approximately three years; and WHEREAS, Commission Member Thomasson asked Mr. Martin how long the property had been vacant, and Mr. Martin stated it has been vacant about three years; and WHEREAS, Commission Member Thomasson asked if they have fixed up the house, and Mr. Martin noted that they have fixed it up; and WHEREAS, Commission Member Robertson noted that one of the for sale signs had commercial use; he asked if they were trying rent it for a business, and Mr. Martin noted that they had been trying to rent it for commercial use, but they have not had any luck; and WHEREAS, no other person(s) appeared related to said request; 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 Timothy R. and Susan C. Martin, property owners, for rezoning the property located at 107 Preston Street (Tax Map #161-4-4) from HBD Highway Business District to RSF Residential Single Family District 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 7:15 p.m.