Loading...
HomeMy WebLinkAbout6/22/2023 - Zoning Appeal - Minutes - Board of Zoning Appeals MINUTES Thursday, June 22, 2023, 4:00 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 1. Call to Order A regular meeting 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, Salem, Virginia, at 4:00 p.m., on June 22, 2023. Notice of such hearing was published in the June 8, and 15, 2023, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. Chairman DuBois called the hearing to order at 4:00p.m. Chairman DuBois asked for the roll call. Ms. Wines stated, and the appropriate party responded: Mr. Sellers present, Mr. Eanes here, Mr. Gresham here, Captain Copenhaver present, Chairman DuBois here. Chairman DuBois requested that everyone please stand for the Pledge of Allegiance. 2. Old Business Chairman DuBois asked if there was any old business. Ms. Wines stated the Board did not have any old business items. Chairman DuBois inquired if the Board had a copy of the minutes and if so, he would entertain a motion. Captain Copenhaver motioned to approve the minutes from the last meeting of the Board of Zoning Appeals. Mr. Gresham seconded the motion. Chairman DuBois requested a roll call vote. Ms. Wines stated, and the appropriate party responded: Mr. Sellars Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye, Chairman DuBois Aye. Chairman DuBois stated that should anyone disagree with the board’s decision today you have the right to appeal to the Circuit Court of City of Salem. You exercise your right to appeal no later than 30 days following the board’s decision by filing a petition to the Circuit Court specifying the grounds of which you are aggrieved. Chairman DuBois requested the secretary to read the first item of new business. Ms. Wines stated that this date and time has been set to hold a public hearing to consider the request of Jeffrey M. & Kathleen A. Shelton, property owners, for a variance from Section 106-202.3(B)(1), minimum setback requirements, of the Code of the City of Salem, to allow the construction of a pergola/future sunroom addition in the rear yard of 2113 Mountain Avenue (Tax Map # 213-3-1). Section 106-202.3(B)(1) states that the rear setback shall be twenty-five feet (25’). The petitioner is therefore requesting a variance of five (5) feet of rear setback. Proper legal notice has been given and all property owners have been notified. Chairman DuBois inquired if there was any correspondence or phone calls. Ms. Wines responded that the office received one phone call from the neighbor at 2131 Mountain Avenue adjacent to the petitioner. The neighbor requested an explanation of what the variance request was for, and when explained, stated she was in favor of the request. Chairman DuBois opened the public hearing stating that anyone to speak should give their name, address, and relationship to the request. Jeffery M. Shelton, property owner, appeared before the Board stating has come before the Board today with a very unique situation. When they applied for a permit for the concrete pad for the pergola, they discovered that their side yard, by zoning statues is actually their rear yard. Mountain Avenue terminates on what they consider their side property, but by the zoning ordinance it is technically considered their front yard, so they are asking a variance from the 25 feet setback. In their opinion, and every neighbor around them, it is actually their side yard, not their front yard. There is included with the packet a map of the property and what they are looking to do. Chairman DuBois clarified that the construction area is on the side of the house. Mr. Shelton responded that the side of the house is technically considered the back yard. Chairman DuBois inquired if that was the area for consideration because it appears construction has already begun. Mr. Shelton replied that the city staff has been very good to work with as they did a renovation about three years ago and the contractor had a crew that just happened to have an open day, so it was requested that they dig the footers. While they were digging the permit application was submitted and that is when this issue came to light. Chairman DuBois restated that this was when it happened. Mr. Shelton responded affirmatively that if the variance is denied then they will have the contractor re-dig the footers to comply with the setback. Chairman DuBois asked if the footers had been inspected yet. Ms. Wines responded negatively. Mr. Shelton replied that nothing had been poured that there are just holes in the ground. Chairman DuBois inquired if any of the board members had questions for the petitioner. Captain Copenhaver asked how long the petitioner has lived at this address. Mr. Shelton responded that he has lived there since 1987. Captain Copenhaver questioned if the petitioner ever realized that Mountain Avenue terminated at their property line. Mr. Shelton answered that he thought Mountain Avenue stopped somewhere between where it is listed as stopping and his neighbors’ property. He thought it stopped in the middle of his property, but come to find out, after the fact, that it is deeded right-of-way. Chairman DuBois stated that it is confusing. Mr. Shelton replied that it is very confusing, but it is what it is. Mr. Sellers inquired as to why the house does not face Mountain Avenue. Ms. Wines responded that development standards have changed over the last 30, 40, 50 years. Actually, there are codes changes to be introduced, that if you were to build a new house, the front door would have to face the street to which it is addressed. So that these types of issues will not continue to happen. If those lots were empty today in that area, in his area, they would not be able to build because the right of way does not extend across their property. So, it is just a transition in the change over the years, and it comes about in many different areas of the city. Chairman DuBois inquired if the city could change anything that could homeowners such as Mr. Shelton so they do not run into these issues in the future or do things just stay the way they are? Ms. Wines responded that things would stay the way they are regarding the existing homes that are built this way so there will be future requests over the next several years because you can no longer build without the right of way adjacent to the property. So, the ones that are existing will not change. Mr. Eanes asked about the future sunroom location. Mr. Shelton explained that the sunroom will be constructed on the proposed concrete pad if the variance is granted. The sunroom will not be constructed for another five years. Mr. Eanes inquired if the petitioner would have to come back before the Board. Ms. Wines explained that this variance request would cover the sunroom addition. An at grade concrete slab can be poured and it does not have to meet the setback requirements. When you add a structure and additions it must meet the setback requirements. Chairman DuBois inquired if there was anyone to speak on the matter and hearing none closed the public hearing at 4:09 p.m. Captain Copenhaver motioned for approval. Mr. Gresham seconded the motion. Roll Call vote: Mr. Sellers, aye. Mr. Eanes, aye. Mr. Gresham, aye. Captain Copenhaver, aye. Chairman DuBois, aye. Chairman DuBois stated the decision of the Zoning Administrator for the City of Salem in refusing to issue a permit to the petitioner is hereby confirmed. The variation from the terms of the zoning ordinance requested in the application of the petitioner should be, and the same is, hereby granted in accordance with the application presented at this meeting. The petitioner may now obtain a building permit. The secretary of the Board of Zoning Appeals is here by instructed to certify a copy of this order to the Clerk of City Council and the Building Official of the City of Salem. This hearing is complete. Chairman DuBois adjourned the meeting at 4:09 pm.