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HomeMy WebLinkAbout9/27/2023 - Zoning Appeal - Minutes -Board of Zoning Appeals Unapproved MINUTES Thursday, September 27, 2023, 4:00 PM Council Chambers, 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, 114 North Broad Street, Salem, Virginia, at 4:00 p.m., on September 27, 2023. Notice of such hearing was published in the September 14, and 21, 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. The Board, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney, Maxwell S. Dillion, Planner, and Mary Ellen Wines, Planning and Zoning Administrator; and the following business was transacted: Captain Copenhaver called the hearing to order at 4:02 p.m. 2. Roll Call Mr. Zoller, here. Mr. Sellars, here. Mr. Eanes, here. Mr. Gresham, here. Captain Copenhaver, here. 3. Disclaimer Captain Copenhaver declared that should anyone disagree with the Board’s decision shall have the right to appeal to the Circuit Court of the City of Salem. You must exercise the 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 aggrieved. Chairman Copenhaver asked if everyone understood, if not, to ask when they approach. 4. New Business A. Variance Request Request of Crystal G. H. Lowery, property owner, for a variance from Section 106- 202.3(A) of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 1000 block of Ohio Avenue, Tax Map # 197-1-15. The petitioner is requesting a variance of twenty-five (25) feet of frontage, twenty-five (25) feet of lot width and one thousand five hundred square feet (1,500) square feet of lot area. Proper legal notice has been given and all property owners have been notified of said hearing. There have been two (2) phone calls inquiring as to what the request is about and one (1) neighboring property owner that had some concerns as far as access goes; that may be better addressed through the rezoning process if it moves forward. Captain Copenhaver asked if all the board members had the opportunity to review the correspondence associated with this matter. All responded with yes. Captain Copenhaver asked the petitioner or their representative approach and present their case, asking for them to state their name, address, and relationship to this hearing. Donald Haddon employed at 1208 Corporate Circle with Balzer and Associates, the agent of the requesting party. Crystal Lowery approached Balzer requesting that they do a variance because there is a requirement for rezoning. This variance would go right along with most of all the other lots in that area. Across the alley is already zoned RSF and the lots are of like size and shaping in square footage. Future land use for the city is RSF. They would like it to be single family and across Ohio Avenue is that redevelopment of the Valleydale site, which is going to be a very large residential reuse for that parcel there. So, it fits right in line with everything that is happening in the area. We are requesting a little bit of a variance from the lot size and frontage. Lot size is currently 50 by 130. if he remembers correctly, and we are asking for a variance of fifteen hundred (1,500) square foot from the required square footage of RSF and twenty-five (25) foot of road frontage of the required road frontage to accommodate a preexisting non-conforming lot. Captain Copenhaver asked if Mr. Haddon could tell a bit more on how they are planning on a building fitting in this lot and where the situation wise in relation to the lot next to it. Donald Haddon answered the house next door at 1021 is the only lot other than the very first lot at the alley that are being accessed from the alley. We are planning on setting our proposed dwelling that is twenty-six (26) feet wide and forty-eight (48) feet deep, fifty (50) foot back from the alley and that would put the front of that house right around, he did not know what would be considered the front of the adjoining house at. It is accessing from the alley, so we would consider the front on the alley. This building would be almost dead in line with the back side of that house. This is going to allow for a little bit more off street parking and drive there. Not to have a car to close to the alley to impede any traffic so to say any turn arounds of emergency vehicles so to say. It is going to provide for a better turn around in that area. Captain Copenhaver asked if there was a plan to create an access from Ohio Avenue. Donald Haddon responded that there was not currently, simply because of the topography of the lot. The question was brought up about access. The main concern was of the emergency vehicles back there. Currently there is an existing little gravel drive up front that is insufficient for a driveway and insufficient for a turnaround especially for say a fire truck. But if a forty (40) foot long driveway was added to get parking in front of this house and to make it double wide that would give plenty of space to turn around. There is an option of putting a parking spot down there and running a sidewalk down for emergency access if that was a concern. Mr. Zoller asked what the side yard setback requirement? Ms. Wines responded that for RSF Residential Single Family, it is ten (10)% of the lot width. Example if the lot is fifty (50) they require five (5) feet and that includes any overhang, guttering, any part of the home. Donald Haddon stated it will have a side yard setback of seven (7) feet. The sewer connection would be to the alley, water connection out to Ohio. Captain Copenhaver asked if there were any other persons wanting to speak on this matter. Hearing none, Captain Copenhaver closed the public hearing. Mr. Gresham motioned for approval. Mr. Eanes seconded the motion. Roll Call vote: Mr. Zoller, aye. Mr. Sellars, aye. Mr. Eanes, aye. Mr. Gresham, aye. Captain Copenhaver, aye. Captain Copenhaver 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 pursue rezoning. The next planning commission meeting will meet on the 11th of October. Followed by City Council meeting on the 23rd of October. 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. Captain Copenhaver adjourned the meeting at 4:11 pm.