HomeMy WebLinkAbout11/14/2007 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION
November 14, 2007
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 November 14, 2007, there being
present all the members of said Commission, to wit: Gardner W.
Smith, Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton,
and Bruce N. Thomasson; 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; William L. Simpson,
Jr., Assistant City Engineer; Benjamin W. Tripp, Planner; Brian
Thurman, Emergency Services Coordinator; 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 October 1 0 , 2007, were approved as written –
the roll call vote: all present - aye.
In re: Request for preliminary and final approval of a proposed subdivision plat filed by MKP Construction Company LLC, property owner, for Keesling Court situated on Keesling Avenue (Tax Map #174-3-1.1) The Executive Secretary reported the Commission had received a
request for preliminary and final approval of a proposed
subdivision plat filed by MKP Construction company LLC, property
owner, for Keesling Court situated on Keesling Avenue (Tax Map
#174-3-1.1); and
WHEREAS, staff noted the following: the subject property
consists of one parcel located along Keesling Avenue off West Main
Street; the Planning Commission and City Council approved a
rezoning to RMF for this property in September 2006; the parcel is
approximately one acre and is currently vacant; it is bordered on
the south by businesses fronting on West Main Street; this request
is for approval of the subdivision plat; there are six attached
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single family townhomes; the units will share access from the rear
by way of a cross-access easement; and a site plan has been
approved by staff for this development; and
WHEREAS, Sean Horne of Balzer & Associates, Roanoke,
representing the property owner, appeared before the Commission
explaining the request to subdivide this property into six parcels
in order to construct six attached single family townhomes; and
WHEREAS, Commission Member Thomasson asked Mr. Horne what the
units will look like, and Mr. Horne noted that the units will be
similar to the plans approved at the rezoning hearing; he stated
they will have brick fronts, landscaping, etc.; he noted that staff
has approved the plans for the development; and
WHEREAS, Commission Member Robertson stated that he recalled
they will have drive-in garages in the back, and Mr. Horne noted
that this is correct and they will use a common access drive; and
WHEREAS, no other person(s) appeared related to said request;
and
ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY
CARRIED, the request for preliminary and final approval of a
proposed subdivision plat filed by MKP Construction company LLC,
property owner, for Keesling Court situated on Keesling Avenue (Tax
Map #174-3-1.1) 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: Vicki Daulton – not present for discussion;
Bruce N. Thomasson – aye; Jimmy W. Robertson – aye; Terrance D.
Murphy – aye; and Gardner W. Smith - aye.
WHEREAS, Commission Member Daulton joined the meeting at this
time.
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In re: Request for preliminary and final approval of a proposed subdivision plat filed by North Oaks LLC, property owner, for Section II, North Oaks to be located off North Oaks Drive (P/O 40-1-3)
The Executive Secretary reported the Commission had received a
request for preliminary and final approval of a proposed
subdivision plat filed by North Oaks LLC, property owner, for
Section II, North Oaks to be located off North Oaks Drive (P/O 40-
1-3); and
WHEREAS, staff noted the following: the subject property
consists of one parcel located off North Oaks Drive; the parcel is
approximately 24 acres and is currently occupied by agricultural
buildings but is mostly vacant; it is bordered on the north by
Interstate 81. The property is currently zoned RSF; this request
is for an approval of the subdivision plat; there are 39 lots and
approximately 8.9 acres left for future development; a site plan
has been approved by staff for this development; the temporary
turn-around easements should be replaced with temporary cul-de-sac
easements; and
WHEREAS, Sean Horne of Balzer & Associates, Roanoke,
representing the property owner, appeared before the Commission
explaining the request to subdivide this property for a single
family residential subdivision consisting of 39 lots; he noted that
this section of the subdivision has been developed in accordance
with the previously approved master plan; and
WHEREAS, Commission Member Robertson asked if the earlier
concerns about the water and sewer have been addressed, and Mr.
Horne noted that they have resolved the water and sewer issues; and
WHEREAS, Vice Chairman Murphy stated that staff has noted the
temporary turn-around easements should be replaced with temporary
cul-de-sacs; Mr. Horne noted that they have a temporary turn-around
for Phase II because Phase III will immediately follow this
section, and the temporary turn-arounds will be vacated at that
time; and
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WHEREAS, Vice Chairman Murphy asked if there is a projected
completion date for the project, and Mr. Horne noted that he did
not know the full build-out time frame but he knew that things have
picked up in Phase I; further, Mr. Horne noted he anticipated maybe
a year and a half before they come back for the next phase; and
WHEREAS, no other person(s) appeared related to said request;
and
ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY
CARRIED, the request for preliminary and final approval of a
proposed subdivision plat filed by North Oaks LLC, property owner,
for Section II, North Oaks to be located off North Oaks Drive (P/O
40-1-3) 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 aye.
In re: Request for preliminary and final approval of a proposed subdivision plat filed by Massgood LLC, property owner, for Rivendell to be located off Polar Lane (Tax Map #10-1-1)
The Executive Secretary reported the Commission had received a
request for preliminary and final approval of a proposed
subdivision plat filed by Massgood LLC, property owner, for
Rivendell to be located off Polar Lane (Tax Map #10-1-1); and
WHEREAS, staff noted the following: the subject property
consists of one parcel located along Polar Lane; the parcel is
approximately 9 acres and is currently occupied by agricultural
buildings but is mostly vacant; it is bordered on the north by
Interstate 81; a rezoning to RSF was granted by City Council in
July 2007; this request is for an approval of the subdivision plat;
there are 11 lots and a new public road, Northern Trail; a site
plan has been approved by staff for this development; and
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WHEREAS, Sean Horne of Balzer & Associates, Roanoke,
representing the property owner, appeared before the Commission
explaining the request to subdivide this property for a single
family residential subdivision consisting of 11 lots; he noted that
he believed the subdivision has been developed in accordance with
the previously approved master plan; and
WHEREAS, Commission Member Thomasson asked Mr. Horne if they
have resolved the water issue, and Mr. Horne noted that it had been
resolved; and
WHEREAS, Vice Chairman Murphy asked Mr. Horne if he could
elaborate on the master plan he was referring to because this
request is for subdivision approval, and Mr. Horne noted that this
project as well as the two previous requests came before the
Commission for rezoning of the property, and they proffered the
master plan as well as other conditions for the project as a part
of the request; Mr. Horne further noted that they have followed
through on those proffers on the subdivision plan submitted this
evening;
WHEREAS, Vice Chairman Murphy asked if staff is satisfied in
terms of compliance with any issues related to this property, and
it was noted that all the issues have been addressed; and
WHEREAS, no other person(s) appeared related to said request;
and
ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY
CARRIED, the request for preliminary and final approval of a
proposed subdivision plat filed by Massgood LLC, property owner,
for Rivendell to be located off Polar Lane (Tax Map #10-1-1) 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 aye.
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In re: Request of Wiley Development LLC, property owner, for rezoning two parcels (4.82 and 2.96 acres) located in the 400 and 500 blocks of Electric Road (Tax Map # 150-3-1 and P/O 155-2-2)
The Executive Secretary reported that this date and time had
been set to hold a public hearing to consider the request of Wiley
Development LLC, property owner, for rezoning two parcels (4.82 and
2.96 acres) located in the 400 and 500 blocks of Electric Road (Tax
Map # 150-3-1 and P/O 155-2-2); and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the November 1 and 8, 2007,
issues of the Salem Times-Register, and adjoining property owners
were notified by letter mailed November 2, 2007; and
WHEREAS, staff noted the following: the subject property
consists of two parcels located along Route 419, Electric Road;
Parcel #1 is approximately 4.82 acres, and Parcel #2 is
approximately 2.96 acres; both are currently vacant; the
development is bordered on the east by Masons Creek, and the
property is currently zoned HM; this request is for a down zoning
of these two parcels to HBD (Highway Business District) to allow a
more commercial type of development; the applicant has stated that
the current zoning limits the potential for commercial and retail
uses; and this property is partially located in the various flood
zones; and
WHEREAS, Paul Wiley of Wiley Development LLC, property owner,
appeared before the Commission explaining the request to rezone two
parcels located along Route 419; and
WHEREAS, Commission Member Thomasson asked Mr. Wiley if he
knew what businesses might want to locate here, and Mr. Wiley
stated he had an inquiry from a sporting goods store and he has had
several other requests but due to the manufacturing zoning they had
not considered developing the property for this purpose; however,
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he keeps getting inquiries for retail uses and feel the commercial
zoning will open up more opportunities for the development; he
further noted that he believes the smaller tracts lend themselves
better to smaller businesses; and
WHEREAS, Commission Member Robertson noted that he thought Mr.
Wiley has tried from the start to keep this development as nice
looking as possible; he asked Mr. Wiley if this was still his goal,
and Mr. Wiley noted that Mr. Robertson was correct and that the
future buildings will be similar to what has already been
constructed; further, he wants it to be a development that he can
be proud of and that the City will be proud of as well; and
WHEREAS, Vice Chairman Murphy asked Mr. Wiley if he was
agreeable to having a cross access roadway at the rear of the
property as noted on the plans to handle the traffic, and Mr. Wiley
noted that he was agreeable with the ingress/egress roadway; Mr.
Wiley further noted that he will work with the Engineering
Department to do whatever is necessary to make it work; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY VICE CHAIRMAN MURPHY, 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 Wiley Development
LLC, property owner, for rezoning two parcels (4.82 and 2.96 acres)
located in the 400 and 500 blocks of Electric Road (Tax Map # 150-
3-1 and P/O 155-2-2) be approved as presented –
the roll call vote: all aye.
In re: Request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning repair business on the property located at 1326 Forest Lawn Drive (Tax Map #75-4-5)
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The Executive Secretary reported that this date and time had
been set to hold a public hearing to consider the request of Ronald
B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property
owners, for the issuance of a Special Exception Permit to allow an
automotive air conditioning business on the property located at
1326 Forest Lawn Drive (Tax Map #75-4-5); and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the November 1 and 8, 2007,
issues of the Salem Times-Register, and adjoining property owners
were notified by letter mailed November 2, 2007; and
WHEREAS, staff noted the following: the subject property
consists of one parcel located in the Parkdale Subdivision; the
parcel is approximately 80 feet wide by 250 feet deep and is
currently occupied by a one story single-family residence; the
property is currently zoned RSF; this request is for a special
exception permit to allow the operation of an automotive air
conditioning repair business; the applicant has been operating this
business since 2002; during this time, Mr. Hogan has paid taxes to
the City for the business, and no complaints have been received;
upon deciding to change the name of his business to include his
son, Mr. Hogan submitted paperwork to the Office of the
Commissioner of the Revenue; as part of the routine processing of
this request, the Commissioner’s staff brought the application to
the Zoning Office; due to a staff error, the zoning letter was
mistakenly approved at that time (January 12, 2007); when the
Zoning Administrator received the Home Occupation permit
application submitted along with Mr. Hogan’s business license
application (to change the name of his business), the administrator
found that the business was ineligible for a home occupation permit
because it did not comply with the zoning; the Building Inspections
& Zoning Department notified Mr. Hogan in a letter dated February
6, 2007, that his request was denied; at the time of the letter,
Mr. Hogan was allowed to continue operation until March 31st; when
Mr. Hogan received this letter, he contacted the city for
clarification, and the mistaken approval of the zoning letter was
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discovered; it was also discovered that the business had been
operating since 2002, in non-compliance with zoning and without a
home occupation permit, but with an approved business license; to
try and work out a solution the city met with Mr. Hogan on March 7th
and again on April 2, 2007; after discussions it was determined
that the city would allow Mr. Hogan to continue to operate his
business until the end of January 2008 (for an additional year)
since the city had made a mistake in the approval process;
however, Mr. Hogan was informed that he would be unable to renew
his home occupation permit after that period, and that he should
seek to relocate the business; on September 11, 2007, the city
received a request from Mr. Hogan’s attorney that the application
be forwarded to the Planning Commission and City Council for review
as a Special Exception Permit; the following issues relate to
Section 106-304.5 Home Occupations of the City of Salem Zoning
Ordinance, which outlines the general standards: (1) Section 106-
304.5 (B)(2) states that “Only residents of the dwelling shall be
engaged in the home occupation activity. No other employees shall
be allowed at the site of the home occupation.” It is unclear if
Mr. Hogan’s son, who is considered an employee, lives at this
residence; (2) Section 106-304.5 (B)(8) states that “The home
occupation shall not require the use or storage of hazardous or
toxic materials and no such material shall be associated with the
home occupation.” It is unclear what materials are being used or
how they are being handled and stored; (3) Section 106-304.5
(B)(10) states that “The volume and characteristics of traffic
associated with the home occupation shall be consistent with the
volume and characteristic of traffic associated with dwellings in
the general area.” Mr. Hogan has stated that his customers include
auto dealerships and other auto repair shops. Is the volume and
characteristics of traffic associated with the business appropriate
for RSF zoning? (4) The Zoning Administrator has determined that
minor auto repair does not constitute an accessory use eligible for
a home occupation permit; and
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WHEREAS, Seth Weston of 1031 First Street SW, Roanoke,
attorney representing the property owners, appeared before the
Commission noting that he would have several witnesses appearing in
support of his client; and
WHEREAS, Ronald B. Hogan Sr. of 1326 Forest Lawn Drive,
property owner, appeared before the Commission in support of the
request; and
WHEREAS, Mr. Weston asked Mr. Hogan how long he had lived at
this address, and Mr. Hogan noted that he had lived here about 20
years; and
WHEREAS, Mr. Weston noted that Mr. Hogan currently operates a
business at this address, and he asked Mr. Hogan how long he has
operated the business and what type of business it was; Mr. Hogan
noted that he had been operating the business since 2002 and that
it was an automobile air conditioning business; and
WHEREAS, Mr. Weston noted that since 2002 he has applied for a
business license and has been paying taxes for the business; he
asked Mr. Hogan what was his understanding in regards to running
the business there, did he believe that he had a business license;
Mr. Hogan noted that he filled out an application with one of his
neighbors, and he mailed it to the city and received a bill for the
license; he has been paying for the license every year and
receiving the decal for the business according to the City’s rules
and regulations; and
WHEREAS, Mr. Weston asked what type of clientele does he cater
to, and Mr. Hogan noted that he mainly serves lower-income bracket
people; further, Mr. Hogan noted that he does not take markup on
any parts that he purchases, and that he charges $35 an hour flat
rate for his labor; also, if someone is not able to pay their bill,
then he sets them up a payment plan, interest free; and
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WHEREAS, Mr. Weston noted that he is basically helping out a
segment of the population that cannot get help elsewhere due to
costs of repairs; Mr. Hogan noted that he also helps out some
dealerships by analyzing problems because his equipment is higher-
tech than their equipment; in return, they give him some of their
used car air conditioning work because he can do it cheaper than
they can; and
WHEREAS, Mr. Weston asked Mr. Hogan if he has received any
complaints from the neighbors about the traffic coming in and out
of his business during the five years he has been in business, and
Mr. Hogan noted that he has not received any complaints; and
WHEREAS, Mr. Weston noted that in most automotive repair
businesses there are a number of vehicles waiting to be serviced;
he asked Mr. Hogan if he has three or four vehicles at his business
at one time, and Mr. Hogan noted that he tries to schedule the
repairs so the person in brings the car, and it is serviced at that
time; he stated that every once and a while something might happen,
and he may have to keep the vehicle for a day or so; but, the
vehicle stays on his property until it is repaired then he parks it
on the street and calls the person to come and pick it up; and
WHEREAS, Mr. Weston noted with this type of business there may
be some concerns regarding Freon, etc. associated with the repairs;
he asked Mr. Hogan to further explain the use of Freon and other
air conditioning materials that he uses; and Mr. Hogan noted that
anyone can purchase 134A Freon, but because he is certified he has
to abide by EPA standards to recover Freon, and he has six recovery
machines and everyone of them is registered with the EPA; he also
has Freon machines that flush the units with refrigerant without
breaking down the refrigerant; the refrigerant is recycled and then
used to make repairs; he also has Freon analyzers that can tell him
what type of refrigerant is in the unit or if someone has used
propane in it; if they have used propane, he will not work on the
vehicle because he has to recover it and take the propane to
dispose of it; and
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WHEREAS, Mr. Weston noted that Mr. Hogan already has the
equipment needed for the business; he asked Mr. Hogan if he was
planning to add onto the building where he does the work or make
any changes, and Mr. Hogan noted that he does not need to make any
changes to the building or anything of this nature; and
WHEREAS, Mr. Weston asked Mr. Hogan if he was handling the
storage and use of the equipment and machines properly according to
the regulations, and Mr. Hogan noted that this was correct; any
chemical that is in his garage, under the EPA standards has to be
in a container and identified and then place in a spill container,
and everything that is in his garage is in a fireproof cabinet or
sitting in a spillproof container; he further noted that he is
first-response certified from where he worked at General Electric
so he is aware of what is required; and
WHEREAS, Mr. Hogan noted that he is I-Card certified in order
to do insurance air conditioning work and he further discussed the
certification; and
WHEREAS, Mr. Weston asked Mr. Hogan if the Commission was to
deny his request and not allow him to operate at his residence,
would be able to stay in business, and Mr. Hogan noted that he
would not; Mr. Weston “Why Not?” Mr. Hogan stated that if he had to
rent a business setup the way he has it, then he would have to
markup the parts; further, he is not interested in marking up parts
because he wants to help the needy; he further noted that in some
cases he does not charge them anything; and
WHEREAS, Mr. Weston asked Mr. Hogan if the profit he makes
from the business would sustain him in renting a building, and Mr.
Hogan noted that it would not; Mr. Hogan further noted that he nor
his wife takes any income from the business; he turned the business
over to his son the first of 2007, and this is what caused the
situation; they have property side by side and each owns the
other’s property; and
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WHEREAS, Mr. Hogan noted that he pays his son for his work,
the insurance on the business, and the maintenance of the
equipment; further, a lot of the expenses he pays out of his own
pocket; also, his son is currently employed by the City so he has
been handling the changeover of the business and if it ever gets
straightened out, the business is his; and
WHEREAS, Mr. Weston asked Mr. Hogan if he intended to fully
comply with the City’s license requirement, and Mr. Hogan noted
this was correct; further, Mr. Weston stated that now he came back
to the City and asked to change the business entity and found out
there was a problem; Mr. Hogan noted that at first there was not a
problem; he stated that the City called him after they had approved
the business and told him he needed to fill out more paper work; he
said he filled out the paper work and sent it in; then he received
a call from Chuck Aldridge the following week telling him he could
not have this type of business, and he told Mr. Aldridge he had
operated his business there since 2002; he told Mr. Aldridge he had
paper work to prove it and faxed him a copy of it; Mr. Aldridge
later called him back and told him that the paper work had never
been signed by the City; Mr. Hogan noted that he had mailed the
City a copy and this was why he did not have one with a signature;
he further noted that someone from the City had put the zoning as
B-2; then he received another call from the City that he needed to
fill out more paper work to change the name; he received the paper
back and then went to the courthouse to record the name and
discovered that Mr. Aldridge’s office had approved the business; he
called Mr. Aldridge and asked him to come to his house; he showed
Mr. Aldridge the paper with his signature that had been stamped by
the employee in Mr. Aldridge’s office; and
WHEREAS, Mr. Weston noted that the bottom line was that the
City said that since they had approved it for this year, then the
business could remain until the business license year was up; then
Mr. Aldridge and Mr. Taliaferro recommended that he come before the
Commission and make this request; and
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WHEREAS, Commission Member Thomasson asked when all this took
place, and Mr. Hogan noted that it took place this year; and
WHEREAS, Mr. Weston noted that all this came as a surprise to
Mr. Hogan since he had gotten the business license, etc.; and
WHEREAS, Commission Member Thomasson asked if it was made
clear to him that he was potentially in violation of the zoning
ordinance and that he was only approved for this year; Mr. Hogan
noted that Mr. Aldridge told him his property was not zoned B-2 and
he argued with him that the first form he filled out in 2002 had
his property listed at B-2; further, Mr. Aldridge did tell him that
he was in violation, and he has met twice with Mr. Aldridge and Mr.
Taliaferro over this issue; and
WHEREAS, Mr. Weston noted that the reason they are here this
evening is to request to stay in business; and
WHEREAS, Commission Member Thomasson noted that the petitioner
is requesting to continue to run the business in violation of the
zoning, and Mr. Weston noted that they are requesting an exception
to be made in order to continue to operate the business and if the
exception is granted, then the business will not be in violation;
Mr. Weston further noted that he understood they must request the
special exception in order to remove the violation; and
WHEREAS, Matt Terry, 1384 Stoutamire Drive, appeared before
the Commission in support of the request; Mr. Weston asked Mr.
Terry if he was an area resident, and Mr. Terry noted that he lives
about a block away; Mr. Weston asked Mr. Terry if he has noticed
any vehicular traffic associated with this residence that has
caused him any problems, and Mr. Terry stated no he had not; and
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WHEREAS, Mr. Weston asked Mr. Terry if he had utilized Mr.
Hogan’s services before, and Mr. Terry stated that Mr. Hogan has
worked on several of his vehicles; further, he has never noticed
any traffic or a lot of cars parked around and he keeps a clean
shop; further, he believes that Mr. Hogan is a super person, and he
has done a lot for the community; further, he feels that Mr. Hogan
is up to EPA standards and probably has approximately $100,000 just
in equipment for reclaiming Freon; further, he has never seen him
release any into the air, and he has everything labeled and in
order in his shop; and
WHEREAS, Mr. Weston asked Mr. Terry if he would like to see a
Special Exception permit issued so Mr. Hogan could stay in
business, and Mr. Terry stated absolutely; and
WHEREAS, Scott Lawrence of 306 Peach Tree Valley Drive,
Roanoke, appeared before the Commission in support of the request;
Mr. Weston asked Mr. Lawrence if he had some knowledge about the
business also, and Mr. Lawrence noted that he works for a
commercial sales retailer in the valley who provides parts to Mr.
Hogan, and as far as Mr. Hogan’s business is concerned, he is
probably one of the most thorough businesses they deal with as far
as (1) helping the community and (2) the EPA aspect of recovering
the refrigerant; a lot of garages do not have a very good
reputation for doing it correctly, however, he definitely does have
a good reputation; Mr. Lawrence further noted that Mr. Hogan has
worked on his personal vehicle and the vehicles of a lot of people
that he knows, and he has always treated everyone fairly; and
WHEREAS, Danny Otey of 5743 Thornrose Road, Roanoke, appeared
before the Commission in support of the request; Mr. Weston asked
Mr. Otey if he was familiar with the business, and Mr. Otey noted
that he has used Mr. Hogan for diagnostic work for his employer,
Dominion Dodge; he stated that they may have a vehicle that they
are having problems finding the exact cause of a leak and with the
help of Mr. Hogan’s equipment, they have been able to find the
cause; Mr. Weston asked Mr. Otey if the work was done
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satisfactorily, and Mr. Otey noted that it was; Mr. Weston asked
Mr. Otey if he had ever heard any complaints about Mr. Hogan, and
Mr. Otey noted he had not; Mr. Weston asked if any of the customers
he had sent to Mr. Hogan ever told him about getting bad service or
waiting in line, and Mr. Otey stated that they had not; Mr. Otey
further noted that he has never witnessed a line of cars, and most
the times he has gone to Mr. Hogan’s residence, there has been no
one else there; Mr. Otey stated that Mr. Hogan has been a big help
to their business; and
WHEREAS, Mary Cantrell of 1321 Forest Lawn Drive, Salem,
appeared before the Commission in support of the request; she
stated she and her husband bought their home from Sonny Tarpley and
his grandfather in 1976; they were thrilled at the time because
they were told that the property was zoned B-2; Henry Terry, the
man next door, ran a commercial air conditioning business for Hop-
In Food Stores and did the work from his garage; her husband is a
woodworker/cabinet maker, and they thought this would be great if
he wanted to work out of the garage; they, too, were told the
property was zoned B-2; they got business licenses for eight years
to do small cabinetry work; further, many of their neighbors were
thrilled that he was there during the day because many of them were
widows; they were later approached by Mr. Hogan asking how they
went about getting a business license for their business; she
explained to Mr. Hogan how they went about getting set up for their
business; Mrs. Cantrell further noted Mr. Hogan got the paper work
for his business and she helped him to fill it out; a few days
later Mr. Hogan got the notice that the business was approved; Mrs.
Cantrell stated that she was speaking on behalf of two elderly
neighbors who are also in support; these neighbors stated to her
that they could not imagine Mr. Hogan not being able to operate his
business there; they noted that he does a great deal of Samaritan
work; she further noted that there is no traffic and there is no
backup of vehicles; she stated that most people do not even know
that the business is located in the rear of his house; and
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WHEREAS, Mr. Weston asked Mrs. Cantrell if she would like to
see a Special Exception permit issued so Mr. Hogan could stay in
business, and Mrs. Cantrell stated absolutely; and
WHEREAS, Mr. Weston noted that he had received the staff
report and he thought that most of the issues stated in the report
have been resolved in his client’s favor; it is clear that the
business being run there is not affecting the community adversely
at all but is probably affecting it positively for a number of
reasons; unlike most car repair shops, there is not a lot of cars
waiting there to be repaired; it is really a personal service that
he gives, and people do not even realize he is operating a business
there; several of the community members voiced their strong
encouragement of the business and would like to see him continue in
business; perhaps the one other hiccup, beyond the operation of the
business, is whether the son actually resides here at the
residence; the son partially owns the residence but does not
physically reside there; it is a family business being run there
and he asked the Commission to take this into consideration and
grant a Special Exception permit; there are several reasons they
are requesting the permit: (1) the son does not live here but he
does partially own the house; (2) the son is part owner in the
business and did live there until he was able to get his own house;
and (3) this is a business that benefits the residents of Salem and
certainly is not hindering or hurting the community at all in this
area; and
WHEREAS, Billye White, 1234 Forest Lawn Drive, appeared before
the Commission in opposition to the request; she stated that she
was not aware of the business, however, this is a residential
neighborhood; she noted you know the old saying “not in my
backyard,” well it is not going to be in her backyard, but it is in
the front yard of one of the people here at the meeting because
they live behind Mr. Hogan’s property; she stated that she admires
everything that has been said about Mr. Hogan; she noted that she
works for a nonprofit organization so she understands where he is
coming from; she also knows that they live in a residential area,
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and there is not supposed to be businesses in residential areas;
she stated that this is something the Commission has to take into
consideration; she noted that the neighborhood just went through a
battle over a concrete batch plant, and the signs went up that said
“not in anyone’s back yard”; well, they feel this business should
not be in anyone’s yard; further, it is nothing against Mr. Hogan
because she admires him; she asked what constituted a home
occupation license; and
WHEREAS, Chairman Smith noted that a home occupation permit
allows certain types of businesses to operate out of the home; Mrs.
White noted that certainly it does not allow a repair shop, and
Chairman Smith noted it does not so that is why we are here this
evening; Mrs. White noted that she thinks it is wonderful he wants
to give the business to his son, but how long is the business going
to be operating; if someone comes in and wants to purchase her
home, they are not going to want a business in the neighborhood;
further, it is nothing against the Hogans because they have been
good neighbors as far as she knows; also, she thinks it has been
the best kept secret in the world because she did not know there
was a business there; the people on the street apparently know
about the business; she thinks that the Commission should consider
very, very carefully the matter before the body realizing a repair
business should not be in the neighborhood; and
WHEREAS, Matt Terry appeared again stating he is on the
neighborhood committee for progressive and positive changes in the
community; he noted that Mrs. White brought up the Conrock request
and he was totally involved in this request; however, we are now
dealing with a totally different situation here; this business has
been in this location for seven years and no one even knew it was
there; but, if we were to move a concrete plant into the area, it
would be a whole different ballgame because it impacts the whole
community; there were people with health issues, traffic issues,
weight limits on bridges, etc.; if no one knew Mr. Hogan was there
before, why do we need to change it; if Mr. Hogan was harming the
community or was not paying his taxes, etc., then he could
understand; and
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WHEREAS, Charlie Lightcap, 1320 Forest Lawn Drive, appeared
before the Commission in favor of the request; he noted that he
bought his house next door to the Hogans about two years ago, and
he lived there prior to purchasing it for about one year; he did
not even know there was a business located there for quite some
time; if we think about it, most repair shops anywhere else have
several cars waiting maybe overnight; he thinks the problem can be
how one sees a repair shop; when Mr. Hogan has a car waiting, he
has plenty of room on his property to park the car; he can
understand this lady’s viewpoint about not having a business if it
is not zoned for it, but in this case, it is not harmful at all and
it is not unsightly, whereas most repair garages can be; and
WHEREAS, Mary Cantrell appeared before the Commission again
noting that she had a problem that everyone keeps saying that this
is an illegal business; she noted that she and her husband had a
business license for a number of years for their cabinet shop; she
noted that Mr. Hogan thought he was legal and probably could have
operated here for many more years and no one would have known the
difference; so, she does not think it is a matter of illegality
because she feels there was a mistake made somewhere; and
WHEREAS, Chairman Smith noted that there are some guidelines
this body deals with related to zoning requests, and he wanted
everyone to understand that first of all Planning Commission makes
a recommendation to City Council; the Commission does not judge the
legality or condemn the operation of a business; the issue before
the body concerns the request to allow an automotive air
conditioning business as a home occupation; he noted that there are
certain rules and regulations related to home occupation permits,
and they realize that there have been some mistakes made with
regards to this case; the Planning Commission must look at the
zoning of the area and address the issue related to future requests
for proposed businesses; he further noted that they have heard all
the comments made both for and against Mr. Hogan’s business; and
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WHEREAS, Commission Member Daulton asked if the zoning in this
area changed with the last comprehensive plan review, and Assistant
City Manager and Executive Secretary Jay Taliaferro noted the
zoning change Mr. Hogan was referring to was the City-wide zoning
update that took place in 2003-04 when the residential designations
were changed; he further noted that this area was previously a
residential designation, and it changed to RSF; the City is not
sure where the B-2 came from, but all the data on the official maps
back to the 1970s show this area as residential; and
WHEREAS, Chairman Smith noted there is no effort here to hide
or cover up any of the mistakes that have been made with regards to
this case; and
WHEREAS, Vice Chairman Murphy stated that he knew Mr. Hogan
provides a great service to the community; the fact of the matter
is that this body is governed by the City ordinances and has the
ability to approve those issues that fall within the lines of what
the zoning ordinance will allow; further, this body has to be
careful about setting a precedent, and in order for this to be
rezoned to a zoning that would allow this business, would be spot
zoning and this is not done because it would be setting a
precedent; he noted that this would be going against everything he
has learned about planning and being a citizen planner; he noted
that because of the work that Mr. Hogan does and the way in which
he does it, he thought perhaps Melinda Payne, Director of Planning
and Economic Development, might be able to help him find another
location; so based on his education and training, he cannot in good
mind recommend an approval of this request;
ON MOTION MADE BY VICE CHAIRMAN MURPHY, 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 Ronald B. Hogan
Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for
the issuance of a Special Exception Permit to allow an automotive
air conditioning business on the property located at 1326 Forest
Lawn Drive (Tax Map #75-4 -5) be denied as presented –
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the roll call vote: all aye.
There being no further business to come before the Commission,
the same on motion adjourned at 8:00 p.m.