HomeMy WebLinkAbout12/27/2023 - Zoning Appeal - Agenda -Board of Zoning Appeals
AGENDA
Wednesday, December 27, 2023, 4:00 P M
Council Chambers, City Hall, 114 North Broad Street
1.C all to Order
A.P ledge of Allegiance
2.C onsent Agenda
A.Minutes
C onsider acceptance of the minutes from the October 25, 2023, meeting.
3.New Business
A.Variance Request
Request of Elizabeth G. Lane, property owner, for a variance from Section 106-208.3(B)(2)
of the City of Salem Zoning Ordinance pertaining to site development regulations, for the
property located at 111 Poplar Avenue, Tax Map # 127-3-5. T he 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). As advertised in the December 14, and 21, 2023, issues of the S alem Ti mes Regi ster. S TAF F
R E P O RT
4.Adjournment
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.
ATTEST:
Mr. Winston J. DuBois
Chairman
CASE NUMBER:2023-007:
APPLICANT: Elizabeth G. Lane, 111 Poplar Avenue
STAFF
ANALYSIS
SALEM, VIRGINIA
111 Poplar Avenue
Board of Zoning Appeals (BZA)
Public Hearing Date:
December 27, 2023
Community Development
Zoning Administration
Division
21 South Bruffey Street
(540) 375-3032
APPLICANTS’ REQUEST
The request of Elizabeth G. Lane, property owner, for a variance from Section 106-208.3(B)(2) of the City of
Salem Zoning Ordinance pertaining to site development 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).
BACKGROUND INFORMATION
111 Poplar Avenue is a 0.62-acre parcel containing a single-family brick ranch home built in
1962. It was built in congruence with the zoning ordinance at that time. The current front
yard setback is approximately 28 feet. The property is zoned RB, Residential Business
District.
As a result of Ms. Lane’s medical condition, a detached metal carport was placed over the
driveway in the front yard to allow Ms. Lane’s car to be covered from the weather.
Additionally, it allows Ms. Lane to travel from her home to her vehicle in a safer manner.
According to section 106-208.3(B)(2), an accessory structure must sit behind the rear building
line of the principal structure (or in the rear yard). In this case, the carport has been placed in
the front yard with a 16-foot setback from the front property line.
RELEVANT EXCERPTS FROM ZONING ORDINANCE
Sec. 106-208.3. - Site development regulations.
(B)
Minimum Setback Requirements.
2. Accessory Structures:
Front Yard: Behind the rear building line of the principal structure.
Side Yard: Two feet.
Rear Yard: Two feet.
NEIGHBORHOOD VIEW OF PROPERTY
Elizabeth G. Lane
X
106-208.3 B 12 x 20 carport in the front yard
111 Poplar Avenue
127-3-5 S 1/2 Lt 40 A & LTS 41-43
RB single family dwelling
Mary Ellen H. Wines, Planning & Zoning Administrator
Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov
December 15, 2023
Dear Property Owner(s):
Notice is hereby given that the City of Salem Board of Zoning Appeals will hold a
PUBLIC HEARING at 4:00 p.m. on December 27, 2023, in the
Council Chambers, City Hall, 114 North Broad Street
to consider the following:
The request of Elizabeth G. Lane, property owner, for a variance from
Section 106-208.3(B)(2) of the City of Salem Zoning Ordinance pertaining
to site development 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).
A map of this area, as well as other information submitted by the above
petitioner, may be examined in the Office of Community Development, 21 South
Bruffey Street, Salem, Virginia.
At the above-mentioned public hearing, parties in interest and citizens shall have
an opportunity to be heard relative to said request.
Sincerely,
Mary Ellen H. Wines, CZA CFM
Planning & Zoning Administrator
Mary Ellen H. Wines, Planning & Zoning Administrator
Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov
December 15, 2023
Ms. Elizabeth G. Lane
111 Poplar Avenue
Salem, Virginia 24153
RE: Variance Request
111 Poplar Avenue
Tax Map # 127 – 3 - 5
Dear Ms. Lane:
You and/or your agent shall appear before the Board of Zoning Appeals
on:
Wednesday December 27, 2023
at 4:00 p.m. in the
Council Chambers, City Hall,
114 North Broad Street
for consideration of your request for a variance for the above referenced
property.
If you have any questions regarding this matter, please contact our office
at (540) 375-3032.
Sincerely,
Mary Ellen H. Wines, CZA CFM
Planning & Zoning Administrator