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HomeMy WebLinkAbout11/15/2018 - Zoning Appeal - Minutes -Board of Zoning Appeals MINUTES Thursday, November 15, 2018, 4:00 PM Council Chambers, City Hall, 114 North Broad Street 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 November 15, 2018. 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. The first order of business was to appoint Mary Ellen Wines as Secretary Pro-tem for today. Chairman Dubois asked for a motion. Vice Chairman Gresham made a motion and Captain Copenhaver seconded. Chairman Dubois requested a roll call: Mr. Derr - Aye Captain Copenhaver - Aye Mr. Eanes - Aye Vice Chairman Gresham - Aye Chairman Dubois – Aye Vice Chairman Gresham stated that he presumed that the Ayes mean that all are in affirmation that Mary Ellen Wines can act as Secretary. Chairman Dubois affirmed that the motion carries that Mary Ellen Wines is now Secretary for today. Chairman Dubois read the declaration if anyone disagrees with the Board’s decision today, they have the right to appeal to the Circuit Court of the City of Salem. They must exercise their right to appeal no later than 30 days following the Board’s decision by filing a petition to the Circuit Court specifying the grounds to which they are aggrieved. He asked if everyone understood and, if not, ask questions when they got up to speak in front of the Board. 2. Approval of Minutes Chairman Dubois pushed approval of the minutes to the last of the meeting. 3. New Business A. Variance Request Request of John J. Russell, Bishop of Roman Catholic Diocese, property owner for a variance from Section 106-202.3(B)(2), minimum setback requirements, of the Code of the City of Salem, to allow the placement of a 20’ x 40’ pavilion at 314 Turner Road (Tax Map # 127-2-1). 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 placement of the pavilion in the side yard. Chairman Dubois asked if there was any correspondence. Mary Ellen Wines stated that she had one phone call from Miss Canode. She is the property owner of the 3-acre tract to the east. It is a vacant wooded lot. She was not against the request. She has some concerns over the effect the pavilion would have on the view from her property if it were to be developed. She wanted to make the Board aware as they considered the request. Chairman Dubois asked if everyone had a chance to review the property. He asked that the petitioner step forward and state their name, address and relationship to the request. Michael Siska of 2727 Gleneagles Road and Michael McGuire of 320 Richfield Avenue in Salem addressed the Board. Mr. McGuire stated that they are representatives of the Building Committee for the applicant that has proposed this pavilion. It is a relatively small pavilion. He asked if they had the benefit of the picture of an aerial view of the property. It shows in fairly close proximity where the pavilion will be located. Their real dilemma is that the City of Salem does not have a church zone they have zoned in residential. Roanoke City has one for churches, but Salem does not. It is not really commercial so they are bound by the residential rules even though they are not really residents per say. Because of that, they are required to maintain behind their building between the lot and the building, a right-of-way so fire trucks can get around the building and that would be maintained. The pavilion they are proposing would not exceed the back line of the building as it sets right now. In fact, it would be about 10’ toward Turner Road and would be wider than where we are encroaching on the back line now. Captain Copenhaver asked if the 15’ NBL that is on the large fold out drawing the fire lane. Mr. McGuire confirmed that is the fire lane and it would be maintained and would not be as close as it is to the back of the building right now at 15’. Therefore, their dilemma is that they could not possibly build behind. By ordinance, they cannot build to either side and they would not be able to build to the front. The building outcrops there. He asked if they had a picture of the proposed pavilion. It is just an open-air, simple pavilion. He does not think it would concern the neighbor that called in. Captain Copenhaver asked what the proposed height would be. He has 20’ x 40’ but what is the actual proposed height. Mr. McGuire stated that it is only one story but if they count the roofing mechanism, it may exceed 13’ to 14’. Mary Ellen Wines stated that the building permit application shows a 15’1” height. Chairman Dubois asked if there are any further questions. Chairman Dubois asked the Board if the building permit has been applied for. Mr. Van Allman confirmed that it has. Chairman Dubois asked if it was contingent on what happens today. Mr. Van Allman stated yes. Chairman Dubois asked if they had a contractor and if they are ready to go. Mr. McGuire stated that yes, the pavilion is being constructed in North Carolina. Mr. Siska wanted to add that the reason for this location is that it gives them the advantage of extending their sidewalk from the building down to the pavilion and enables people to use the handicap and regular restrooms in the building. There is no other location that they had that would provide this advantage. Mr. McGuire stated that it is also directly adjacent to the children’s playground. He referred to the picture. Mr. Siska indicated that it showed the children’s playground in the picture. Mr. McGuire stated that they are respectfully requesting that the variance be granted so that they can go forward. Captain Copenhaver asked if there was a platform it appears. Mr. McGuire stated that it was an existing storage building and it is a concrete slab at this point. It was a storage building that was there since the church was constructed and they took the building down, but the slab is still presently there. The pavilion would be adjacent to that. In fact, that would be utilized with this pavilion. Captain Copenhaver asked if the storage building was not getting rebuilt there. Mr. McGuire stated no, but the slab would stay. It probably would be a cooking area for a grill or something. Mr. Eanes stated that from what he saw when he looked at it, they are not taking any parking lot or changing any surface areas other than putting a patio in and extending the space there. Mr. McGuire stated that they are aware that this will increase the water runoff, although it will be constructed with pavers. The area around the pavilion will be pavers and he thinks that will come under the City of Salem water runoff. It is not that large. They wanted to make it larger, but cost comes into factor. The structure itself is 20’ x 40’ and then the surrounding sidewalk and paver area. Vice Chairman Gresham asked that when they say the structure is going to be 15’ tall, that is to the peak of the roof. Mr. McGuire confirmed that it is basically an 8’ understructure with open air or no walls. Mr. Siska stated the reason for the 15’. It would be 14’ but they have this cupola out there for air circulation, which is the 1’ extra. Chairman Dubois asked if there were any other questions or comments. Chairman Dubois asked that the Board entertain a motion for approval. Vice Chairman Gresham entered a motion. Mr. Eanes seconded. Captain Copenhaver asked the Board to entertain a discussion on a potential condition on the property that the variance remain as long as the property use remains in place of religious or public assemblage. Chairman Dubois asked if that was necessary because it is going to limit the ability of use. Mr. Sellers agreed that he feels like it is going to be a church for a long time. Vice Chairman Gresham stated that it would not really be suited for anything else unless it became a community center of some sort. Chairman Dubois stated that would be buried so deep in the history of the City of Salem, they would never find it but if he would like to propose it, they can vote on that first. Captain Copenhaver withdrew proposal on the potential condition. Chairman Dubois asked for a roll call vote: Mr. Derr -Aye Captain Copenhaver -Aye Mr. Sellars -Aye Vice Chairman Gresham -Aye Chairman Dubois -Aye Chairman Dubois stated the request has been granted. Chairman Dubois asked if there were any unfinished new business to discuss. The Staff confirmed there was no unfinished business to discuss. 4. Approval of Minutes Chairman Dubois asked if everyone had a chance to read all the minutes and are there any comments. Mary Ellen Wines amended the minutes from June 16, 2011. She stated that the motion under Section 5 had a previous case in that motion. It should have said that the request for variance to allow the construction of a 12’ x 85’ deck under the Colorado Street Bridge within the floodway is hereby approved. Chairman Dubois stated that there were three sets of minutes, one dated March 17, 2011, one dated June 16, 2011 as amended, and the one dated October 18, 2018. He asked to hear a motion for approval. Mr. Derr so motioned. Captain Copenhaver seconded. Chairman Dubois asked for a roll call vote: Mr. Derr -Aye Captain Copenhaver -Aye Mr. Eanes -Aye Vice Chairman Gresham -Aye Chairman Dubois -Aye Chairman Dubois asked if there was any other business that needed to be addressed. Mary Ellen Wines stated that there was none. 5. Adjournment Chairmen Dubois adjourned the meeting at 4:17 p.m.