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HomeMy WebLinkAbout12/27/2023 - Zoning Appeal - Minutes -Board of Zoning Appeals MINUTES Wednesday, December 27, 2023, 4:00 PM City 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 City Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 4:00 p.m., on December 27, 2023. Notice of such hearing was published in the December 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. Chairman DuBois called the meeting to order at 4:00 p. m. Chairman DuBois asked Maxwell Dillon to call the role. Mr. Belanger sat in place of Mr. Gresham at this hearing. Each appropriate party responded. Mr. Belanger, here. Mr. Sellars, here. Mr. Eanes, here. Captain Copenhaver, here. Chairman DuBois, here. Captain Copenhaver requested to make a quick motion before the meeting started that Max Dillon serve today as Secretary Pro-Tem. Chairman DuBois asked for a second. Mr. Sellers seconded that motion Chairman DuBois asked Max Dillon to call the role. Max Dillon called the role. Mr. Bellanger, Aye. Mr. Sellers, Aye. Mr. Eanes, Aye. Captain Copenhaver, Aye. Chairman DuBois, Aye. Chairman DuBois requested that Max Dillon lead the Pledge of Allegiance. 2. Old business Chairman DuBois stated that the minutes from the October 25th meeting needed to be approved. Chairman DuBois asked if everyone had a chance to look the minutes over and could he have a motion to approve? Captain Copenhaver made a motion to approve the minutes. Mr. Eanes seconded the motion. Chairman DuBois requested a roll call vote. Max called role. Mr. Belanger, Aye. Mr. Sellers, Aye. Mr. Eanes, Aye, Captain Copenhaver, Aye. Chairman DuBois, Aye. 3. New business Chairman DuBois asked Max to read the new business. Mr. Dillon stated that this date and time has been set to hold a public hearing to consider the request of Elizabeth G. Lane, property owner, for a variance from Section 106-208.3(B)(2) of the City of Salem regulations, for the property located at 111 Poplar Avenue, Tax Map #127- 3-5. The petitioner is requesting a variance to allow the placement of a 12 x 20-foot carport in the front yard, to be located no closer than 16 feet to the front property line. Section 106- 208.3(B)(2) states that accessory structures must be built behind the rear building line of the principal structure (or in the rear yard). Chairman DuBois declared 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 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. Chairman DuBois asked if everyone understood or had any questions. Chairman DuBois asked for the petitioner to approach the podium and state your name, address, and your relationship to the request. Elizabeth Lane, property owner, located at 111 Poplar Avenue, stated that she didn’t know that she had to check with anybody to put the carport up. Ms. Lane explained that she figured since she hired a local contractor from Salem, the contractor would know the rules. The reason Ms. Lane wanted the carport was being 80 years old and had fallen and broken her ankle. Ms. Lane thought that it would be nice to have something to keep the weather from falling on her and having to rush to carry things like groceries in from the car. Ms. Lane stated she felt the carport would be a nice thing to have to better help take care of herself. Ms. Lane explained she had no idea that she was supposed to check with anyone, because she was raised in Salem, but had moved to Roanoke County out near Bent Mountain during her adult life. Ms. Lane stated she even knew she had to do that. The contractor that she hired is a City of Salem business owner. Ms. Lane felt like he should have known the rules and would have told her. Ms. Lane apologized for not knowing. Ms. Lane stated that maybe she had the carport put up to make it a little bit easier for herself as she is getting older and lazier after retirement. Ms. Lane thanked the Board members for considering for her to leave it up. Chairman DuBois asked if Ms. Lane knew if the contractor had bolted it to her driveway? Is it fixed and bolted in so it wouldn’t be a wind hazard? Ms. Lane responded yes. A friend, who is a builder, came out and looked at it after the petition had started happening. Ms. Lane stated that the friend said it was anchored in really good and well built. Chairman DuBois asked Ms. Lane if the carport was a new structure. Ms. Lane replied yes, in July. Captain Copenhaver asked who the contractor was that had built the structure. Ms. Lane stated that the contractor was James Philpott. Mr. Belanger asked Ms. Lane if she used her front door or does, she goes through the garage. Ms. Lane answered no she doesn’t go through the garage. Ms. Lane stated that she uses the front door, and she doesn’t have a back door. That being the reason the carport is in the front. It wouldn’t serve a purpose to be around the back with no back door. Mr. Belanger asked how Ms. Lane gets into her front door when she is in the carport; there is no side entrance off the porch that he could see. Ms. Lane answered when you come out the front door you walk in front of the windows, right there is where the carport starts. Mr. Belanger asked if there was a step down from the side of the sidewalk. Mr. Gladden stated that it is level with the yard. Daphne Gladden stated there were pictures showing the connection. Mr. Belanger stated he had the pictures. Mr. Belanger asked if Ms. Lane used the garage. Ms. Lane stated that her laundry is in the garage, and she just doesn’t use it to put my car in. Ms. Gladden and Mr. Gladden both stated the garage wasn’t big enough to put a car in. Mr. Gladden stated that when the house was built the garage part was an old-style carport that had been enclosed years ago. The garage as it is today is not wide enough to fit a car in. The laundry was moved into the garage area after Ms. Lane fell and couldn’t go up and down the steps any longer. Captain Copenhaver asked if Mr. Gladden and Ms. Gladden would please state their names, addresses, and relationships to Ms. Lane. Ervin Gladden, nephew of Ms. Lane, address is 4444 Harborwood Road, Salem Virgina. Daphne Boothe Gladden, niece of Ms. Lane, address is 4444 Harborwood Road Salem, Virginia. Chairman DuBois asked if there were any other questions. Captain Copenhaver stated he had a question for Max. Daphne Booth Gladden stated that Ms. Lane lives alone. Ms. Lane originally moved in to take care of my grandmother, Ms. Lane’s mother, who lived to be 99 years old. Ms. Lane sold her home and moved in to take care of her. Mr. Belanger asked from an anchor perspective if it anchored in the grass, or is it anchored into the black top. Ms. Lane answered that it is anchored in the grass not the black top. Mr. Belanger stated it is on the grass. So, they are grass anchors not black top, they are not bolted to the black top. Chairman DuBois asked if there were any other questions. Captain Copenhaver asked Max if there had been any correspondence regarding this matter. Max stated there had been no correspondence to his knowledge. Mr. Gladden stated that Ms. Lane has done a lot of work in and around the house. In his opinion the carport has done nothing but added value to the house. Chairman DuBois asked for a motion to approve. Captain Copenhaver motioned for approval. Mr. Sellers seconded the motion. Chairman DuBois requested a roll call vote. Max stated, and the appropriate party responded: Mr. Belanger, Aye. Mr. Sellers, Aye. Mr. Eanes, Aye. Captain Copenhaver, Aye. Chairman DuBois, Aye. Chairman DuBois stated the petition for the variance was approved and for Ms. Lane to follow up with the Building department. Chairman DuBois thanked the participants for coming. Chairman DuBois asked if there was any more business. Max responded with not at this time. Chairman DuBois adjourned the meeting at 4:10 p. m.