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HomeMy WebLinkAbout8/22/2019 - Zoning Appeal - Minutes - Board of Zoning Appeals MINUTES Thursday, August 22, 2019, 4:00 PM City Hall, Council Chambers, 114 North Broad Street, Salem, Virginia 1. Call to Order A public hearing of the Board of Zoning Appeals of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, at 4:00 p.m., on August 22, 2019. Notice of such hearing was published in the Salem Times Register, a newspaper published and having general circulation in the City. The Board, constituting a legal quorum presided with; Steve Yost, City Attorney; Charles E. Van Allman, Jr., City Engineer, Mary Ellen Wines, Zoning Administrator; Rita Wygal, Secretary and the following business was transacted: Chairman Dubois called the hearing to order at 4:00 p.m. and requested roll call: Ms. Janoschka - Aye Captain Copenhaver - Aye Mr. Sellers - Aye Vice Chairman Gresham - Aye Chairman Dubois – Aye 2. New Business A. Variance Request Hold a public hearing to consider 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. Proper legal notice has been given and adjacent property owners have been notified. Chairman Dubois asked if any correspondence had been received from anyone. Mary Ellen Wines confirmed that no correspondence had been received. Chairman Dubois asked if everyone on the Board had a chance to inspect the site. All Board members confirmed they had inspected the site. Chairman Dubois asked if anyone would like to speak for the applicant. Sean Horne with Balzer & Associates spoke on behalf of 21 East Main Street LLC, property owner. He stated the proposed elevated deck will improve the patio and outdoor seating serving Ole Salem Brewery. The property is located within the floodway. Their study regarding the finished floor of the structure will fully offset the effects. They will excavate under the existing material located below the 100-year floodplain elevation. There will be no rise. The columns and piers will be below this elevation. The finished floor will rest above the base flood elevation. Chairman Dubois asked if the Board had any questions regarding parking. Charles Van Allman stated no. Chairman Dubois asked about the structure taking up the parking. Mr. Van Allman asked about the parking, operationally. Chairman Dubois asked what kind of lighting is proposed. Mr. Horne stated there would be roof lighting and ceiling fans. Chairman Dubois asked what kind of entertainment they had planned. Sean Turk with 21 East Main Street, LLC addressed the Board and stated they planned to have outdoor music. Chairman Dubois asked if there would be a sound system. Mr. Turk answered yes, but their hours would be the same, with no late hours. Captain Copenhaver asked about the roof structure and if there would be any increase in water runoff to the neighboring properties. Mr. Horne stated that there would be no additional crowning of the lot. Captain Copenhaver asked how much asphalt would be replaced. Mr. Horne confirmed all under the deck would be asphalted. Captain Copenhaver asked for calculations. Mr. Horner stated the length x width x depth volume of the lot, everything below base flood elevation, 147 feet3 = 125% of structure below base flood elevation Captain Copenhaver asked if there would be gravel after. Mr. Horne responded yes, with metal deck and concrete patio. The water will not get to the gravel. Chairman Dubois asked about water runoff. Mr. Horne stated no additional gutters. Mr. Sellers asked if the deck will be built on footers. Mr. Horne confirmed yes. Mr. Sellers asked if there would be an underground utility line. Mr. Horne stated yes. Captain Copenhaver asked if there would be built-in leeway with numbers. Mr. Horne stated yes. If something changes, they can dig out more and show cause as built. Mr. Van Allman stated that it would be minimal. Chairman Dubois asked about the water runoff being more. Mr. Van Allman stated it should be no different with the concentration of gutters and was immaterial. Mr. Steve Yost asked what about the threshold. He stated that it cannot be put in floodway according to the ordinance and no variance will be granted unless it does not increase flood levels per Section 106- 226.7(A). He asked if they had an engineering certification letter stating that it was met. Chairman Dubois asked about parking noise. Mr. Van Allman stated it merges with the downtown plan. Chairman Dubois asked if there were any other questions or comments. Chairman Dubois asked for a roll call vote: Ayes: Ms. Janoschka, Captain Copenhaver, Mr. Sellers, Vice Chairman Gresham, Chairman Dubois Chairman Dubois stated that the variance has been granted. Chairman Dubois made the following declaration if anyone disagrees with the Board’s decision today, you have the right to appeal to the Circuit Court of the City of Salem. You must exercise your right to appeal no later than thirty (30) days following the Board’s decision by filing a petition to the Circuit Court specifying the grounds on which you are aggrieved. 3. Adjournment Chairmen Dubois adjourned the meeting at 4:16 p.m.