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Home My WebLink About9/27/2023 - Zoning Appeal - Agenda -Board of Zoning Appeals AGENDA Wednesday, September 27, 2023, 4:00 PM Council Chambers, City Hall, 114 North Broad Street 1.C all to Order 2.Pledge of Allegiance 3.C onsent Agenda 4.New Business A.Variance Request Hold public hearing to consider the request of Crystal G. H. Lowery, property owner, for a variance from Section 106-202.3(A) of the C ity of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 1000 block of Ohio Avenue, Tax Map # 197-1-15. T he 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. As advertised in the September 14, and 21, 2023 issues of the Salem Times Register. STA FF REPO RT 5.Adjournment CASE NUMBER:2023-005: APPLICANTS: Crystal G. H. Lowery, 1000 block Ohio Avenue STAFF ANALYSIS SALEM, VIRGINIA 1000 block Ohio Avenue Board of Zoning Appeals (BZA) Public Hearing Date: September 27, 2023 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3032 APPLICANTS’ REQUEST The 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. BACKGROUND INFORMATION The 1000 block of Ohio Avenue is zoned HM, Heavy Manufacturing District. The property currently is comprised of 0.172 acres and sits vacant; however, the owner of the parcel proposes to construct a single-family home. This parcel is a part of the Salem Improvement Company’s subdivision platted in 1890 and is considered legal non- conforming. The petitioner must request a rezoning of the property from HM to RSF to allow for a single-family home. Section 106-520(C) of the zoning ordinance states: (C)The administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. If a variance is granted, the administrator shall thereafter accept the amendment application for the consideration of the Commission and Council. Section 106-202.3, site development regulations for RSF requires lot area of 9,000sq.ft., frontage of 75ft. and lot width of 75ft. The 1000 block of Ohio Ave currently consists of 7,500sq. ft of area, frontage of 50ft. and lot width of 50ft. Therefore, the petitioners are requesting 1,500sq.ft. of lot area, 25ft. of frontage and 25ft. of lot width. RELEVANT EXCERPTS FROM ZONING ORDINANCE Sec. 106-202.3. - Site development regulations. The following are general development standards for the RSF Residential Single-Family District. For additional, modified or more stringent standards see article III, use and design standards. (A) Minimum Lot Requirements. 1. Area: 9,000 square feet. 2. Frontage: 75 feet on a public street. 3. Width: In order to maximize land usage, lots which front on a curve and whose side lot lines are perpendicular to the right-of-way center line are required to have an average 75- feet width. All other lots will be required to have a minimum width of 75 feet. NEIGHBORHOOD VIEW OF PROPERTY Valleydale’s Adaptive Reuse Project Department of Community Development, Mary Ellen H. Wines, Planning & Zoning Administrator 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3036, mewines@salemva.gov NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of Salem, Virginia will hold a public hearing, in accordance with the provisions of Sections 15.2-2204 and 15.2-2309 of the 1950 Code of Virginia, as amended, on September 27, 2023, at 4:00 p.m. in the Council Chambers of City Hall, 114 North Broad Street, in the City of Salem, Virginia, to consider the following applications. 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. At this hearing, all parties in interest will be given an opportunity to be heard, present evidence, and show cause why such requests should or should not be granted. For additional information, contact the Office of the Zoning Administrator, 21 South Bruffey Street, Salem, Virginia (Phone 375-3032). THE BOARD OF ZONING APPEALS OF THE CITY OF SALEM BY: Mary Ellen H. Wines, CZA, CFM Planning & Zoning Administrator (Please publish in the 9-14-2023 and 9-21-2023, issues of the “Salem Times Register”. Please send statement to Zoning Administrator, P. O. Box 869, 21 South Bruffey Street, Salem, Virginia 24153). MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 186/ 6/ 1/ / 710 8TH ST VALLEYDALE CATALYST LLC 133 KIRK AVE ROANOKE, VA 24011 197/ 1/ 1/ / 1006 CAROLINA AVE CONNER KATHLEEN W 1006 CAROLINA AVE SALEM, VA 24153 197/ 1/ 11/ / 1225 PEARL ST HALL, DERICK WADE 1225 PEARL ST SALEM, VA 24153 197/ 1/ 12/ / 1107 OHIO AVE HUNT, RAYMOND J CUMMINGS-HUNT, KATHLEEN M 1107 OHIO ST SALEM, VA 24153 197/ 1/ 13/ / 1100 OHIO AVE BLK HUNT, RAYMOND J CUMMINGS-HUNT, KATHLEEN M 1107 OHIO ST SALEM, VA 24153 197/ 1/ 14/ / 1100 OHIO AVE BLK HUNT, RAYMOND J CUMMINGS-HUNT, KATHLEEN M 1107 OHIO ST SALEM, VA 24153 197/ 1/ 15/ / 1000 OHIO AVE BLK LOWERY, CRYSTAL G H 1863 CHEROKEE ROSE CIR MOUNT PLEASANT, SC 29466 197/ 1/ 16/ / 1021 OHIO AVE CROWDER, JESSE A 1021 OHIO AVE SALEM, VA 24153 197/ 1/ 17/ / 1000 OHIO AVE BLK CROWDER, JESSE A 1021 OHIO AVE SALEM, VA 24153 197/ 1/ 2/ / 1012 CAROLINA AVE MICHALS HOMES LLC 171 FOREST DR SALEM, VA 24153 197/ 1/ 3/ / 1016 CAROLINA AVE LEE, KATHRYN 401 MONROE AVE #102A CAPE CANAVERAL, FL 32920 197/ 1/ 5/ / 1024 CAROLINA AVE KESSLER, RACHEL E 1024 CAROLINA AVE SALEM, VA 24153 197/ 1/ 6/ / 1100 CAROLINA AVE HOOKER, STEPHEN R HOOKER, TRACEY L 1100 CAROLINA AVE SALEM, VA 24153 197/ 1/ 7/ / 1102 CAROLINA AVE STEBBINS, FRANCES S 1102 CAROLINA AVE SALEM, VA 24153 197/ 1/ 8/ / 1106 CAROLINA AVE WELCH, DEANE A 1106 CAROLINA AVE SALEM, VA 24153 197/ 1/ 9/ / 1110 CAROLINA AVE FOLEY JOSEPH M 302 ACADEMY ST SALEM, VA 24153 198/ 4/ 1/ / 1001 OHIO AVE BAILEY JERRY W SR 1001 OHIO AVE SALEM, VA 24153 198/ 4/ 2/ / 1015 OHIO AVE BAILEY JERRY W JR PO BOX 1368 SALEM, VA 24153 198/ 5/ 2/ / 1228 INDIANA ST CITY OF SALEM PO BOX 869 SALEM, VA 24153-0869 Mary Ellen H. Wines, Planning & Zoning Administrator Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov September 12, 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 September 27, 2023, in the Council Chambers, City Hall, 114 North Broad Street to consider the following: The 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. 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 September 12, 2023 Ms. Crystal Gail Hagerman Lowery 1863 Cherokee Rose Circle Mount Pleasant, South Carolina 29466 RE: Variance Request 1000 block Ohio Avenue Tax Map # 197 – 1 – 15 Dear Ms. Lowery: You and/or your agent shall appear before the Board of Zoning Appeals on: Wednesday September 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