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HomeMy WebLinkAbout7/25/2019 - Zoning Appeal - Minutes - Board of Zoning Appeals MINUTES Thursday, July 25, 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 July 25, 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: Mr. Eanes - Aye Captain Copenhaver - Aye Mr. Derr - Aye Vice Chairman Gresham - Aye Chairman Dubois – Aye 2. New Business A. Variance Request Hold a public hearing to consider the request of O’Connor Irish Corner Revocable Trust, R. Coy & Elizabeth B. O’Connor, Co-Trustees, property owners, for a variance from Section 106-202.3(B)(2), minimum setback requirements, of the Code of the City of Salem, to allow the construction of a carport at 323 Roanoke Boulevard (Tax Map # 146-1-1). Section 106- 202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioner is therefore requesting a variance to allow the addition of a 34’ x 11.6’ carport that extends into the side yard. 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. Tim Redmond with Tim Redmond Construction addressed the Board and stated that he was here on behalf of Roger Coy and Elizabeth O’Conner. He stated that the carport would be constructed at the end of the driveway with four 6” x 6” posts where the backyard fence is now located. It will have a load-bearing I-beam that will run into the existing garage. The carport will have a pitched roof like the garage and will be 6” smaller in width and 1’ lower in height than the garage. He stated that everything will be sleeved in white PVC. Chairman Dubois asked for a roll call vote: Ayes: Mr. Eanes, Captain Copenhaver, Mr. Derr, Vice Chairman Gresham, Chairman Dubois Chairman Dubois stated that the variance has been granted. B. Variance Request Hold a public hearing to consider the request of Marvin L. Loyd, Jr. and Kristen C. Loyd, property owners, for a variance from Section 106- 202.3(B)(2), minimum setback requirements, of the Code of the City of Salem, to allow the construction of a garage at 208 Northern Trail (Tax Map # 10-1-1.9). Section 106202.3(B)(2) states that accessory structures shall be placed behind the rear building line of the principal structure. The petitioner is therefore requesting a variance to allow the construction of a 40’ x 30’ detached garage in the side yard. 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 an email was forwarded from Balzer & Associates. The email was originally sent July 21, 2019, from Mr. Richard Goodpasture to Mr. Loyd. Mr. Goodpasture stated in the email that it would serve as a note to pass on to the City giving Mr. Loyd their acceptance and approval for the new building/garage proposed on their property. As their neighbor and only neighbor that the structure would affect, they are good with the design, look and location of the proposed building/garage. Chairman Dubois asked if everyone on the Board had a chance to inspect the site. All Board members confirmed they had inspected the site. Robert Pilkington from Balzer & Associates addressed the Board on behalf of Marvin and Kristen Loyd. He stated that the slope of the property and the public utility easement prevents construction of an attached garage onto the existing house. The basement will have low head height due to not wanting to fill 7’ clearance. He stated that the proposed garage would have electricity and water for car washing. The building would not have a bathroom. There would be an attic with pull- down stairs. They may add a regular door to the building and would need stair access. Mr. Van Allman stated that no breezeway would be allowed over the public utility easement. He stated that with a floor drain, there would be no requirement for storm water management. Captain Copenhaver asked if the structure would be all brick. Mr. Pilkington confirmed that the structure would match the house. Chairman Dubois asked if there were any further comments or questions. Chairman Dubois asked for a roll call vote: Ayes: Mr. Eanes, Captain Copenhaver, Mr. Derr, 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. C. 2017-2018 Biennial Report The Board accepted the 2017-2018 Board of Zoning Appeals Biennial Report with authorization to submit to the Salem Planning Commission. D. 2019 Annual Report The Board accepted the 2019 Board of Zoning Appeals Annual Report with authorization to submit to the Salem Planning Commission. 3. Adjournment Chairmen Dubois adjourned the meeting at 4:22 p.m.