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HomeMy WebLinkAbout10/25/2023 - Zoning Appeal - Minutes -Board of Zoning Appeals MINUTES Thursday, October 25, 2023, 4:00 PM Council Chambers, City Hall, 114 North Broad Street 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 October 12, and 19, 2023, issue 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 4:00 p.m. Chairman DuBois asked for the roll call. Mr. Belanger sat in place of Mr. Sellars at this hearing Ms. Wines stated, and the appropriate party responded: Mr. Belanger here, Mr. Eanes here, Mr. Gresham here, Captain Copenhaver here, 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. She stated that there were two (2) prior sets of minutes to be addressed. Chairman DuBois asked if everyone on the Board had a chance to look over the previous minutes and if they did, did anyone have any objections? If not he would entertain a motion for both sets of minutes. Mr. Gresham motioned to approve the minutes. Captain Copenhaver seconded the motion. Chairman DuBois requested a roll call vote. Ms. Wines stated, and the appropriate party responded: Mr. Belanger Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye, Chairman DuBois Aye. Chairman DuBois asked Ms. Wines to read the disclaimer. Ms. Wines stated that should anyone disagree with the board’s decision today you have the right to appeal to the Circuit Court of the 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 Ms. Wines to read the first item of new business. 3. New business Ms. Wines stated that this date and time has been set to hold a public hearing to consider the request of GKM Properties, LLC, 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 800-802 Maryland Avenue, Tax Map # 147-2-1. The petitioner is requesting a variance of twenty-five (25) feet of frontage and twenty-five (25) feet of lot width. Proper legal notice has been given and all property owners have been notified. Chairman DuBois inquired if there was any correspondence or phones calls. Ms. Wines stated no. Chairman DuBois opened the public hearing stating that anyone who wished to speak should give their name, address, and relationship to the request. Don Haddon of Balzer and Associates, representative of GKM properties, spoke and stated that the variance is for 25 feet of road frontage and lot width. Mr. Haddon explained the process by which the property underwent a sewage backup in 2013. Until then the property was a duplex. As result of sewage backup the lower unit was demoed and subsequent vacancy. The property was purchased in 2015. The owner at that time discussed putting the lower level back; however it was never completed. The property then sold in 2023 and the current owner wishes to reestablish the lower unit rendering a Special Exception Permit necessary. Which will be discussed at another date and time. Mr. Copenhaver asked if any exterior work will be completed. Mr. Haddon noted that a retaining wall may be added on to one of the driveways adding to the visual aesthetic of the property. Chairman DuBois asked if both units will use the existing driveway. Mr. Haddon noted that there are two separate driveways, and each unit will utilize its own driveway. The driveway in the back will accommodate two vehicles side by side. The driveway in the front can accommodate two vehicles one in front of the other. Chairman DuBois asked if there was anyone else that would like to speak. Mark Jones, a neighboring resident, spoke in concern regarding the potential behavior of tenants that may occupy a two family dwelling. Ms. Wines clarified that this hearing is merely a recommendation regarding lot frontage and lot width, not necessarily the use of the property. She told Mr. Jones there would be another public hearing at a later date for him and his neighbors to express their concerns. Chairman DuBois asked if there was anyone else to speak on the matter and hearing none, closed the public hearing. Mr. Gresham motioned for approval. Mr. Belanger seconded the motion. Chairman DuBois requested a roll call vote. Ms. Wines stated, and the appropriate party responded: Mr. Belanger Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye, Chairman DuBois Aye. Chairman DuBois stated the variance requested for by the petitioner has hereby granted in accordance with the application presented at this meeting. 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. Chairman DuBois asked if there was any further business for the Board and in hearing none adjourned the meeting.