HomeMy WebLinkAbout6/26/2024 - Zoning Appeal - Agenda -Board of Zoning Appeals
AGENDA
Wednesday, June 26, 2024, 4:00 PM
Council Chambers, City Hall, 114 North Broad Street
1.C all to Order
2.Pledge of Allegiance
3.C onsent Agenda
A.Minutes
C onsider approval of the minutes of the March 27, and April 24, 2024, meetings.
4.New Business
A.Variance Request
T he request of J asper and J anet Doss, property owners, for a variance from Section 106-
202.3(B)(1) of the C ity of Salem Zoning Ordinance pertaining to site development
regulations, for the property located at 124 Upland Drive, Tax Map # 272-1-2.3. T he
petitioners are requesting a 15-foot rear-yard setback variance to allow for the construction
of a covered porch. Section 106-202.3(B)(1) states that the rear yard setback shall be 25
feet. T herefore, the petitioners are requesting a 15-foot variance.
5.Adjournment
Board of Zoning Appeals
MINUTES
Wednesday, March 27, 2024, 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 March 27, 2024. Notice of such hearing was
published in the March 14, and 21, 2024, 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.
Captain Copenhaver called the hearing to order at 4:00 p.m. on this
27th day of March.
Roll call: Mr. Rippee, present; Mr. Sellers, present; Captain
Copenhaver, present; Mr. Gresham, present; Mr. Zoller, present.
Captain Copenhaver asked Mr. Guynn to lead in the Pledge of
Allegiance.
2. Old Business
Captain Copenhaver stated administration matters needed to be
addressed. Election of officers need to take place as this being the first
meeting of the year 2024.
Mr. Gresham made a motion that the elections be put off until the end
of the meeting.
Captain Copenhaver 2nd the motion.
Mary Ellen Wines called role. Mr. Rippee, aye; Mr. Zoller, aye; Mr.
Sellers, aye; Mr. Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver moving forward asked Secretary Wines to read
the variance. Ms. Wines stated a point of order, that minutes from the
past meetings were on the agenda. Ms. Wines asked if the board
would like to continue the matter of the minutes until after the
variance had been heard? The board agreed.
3.New Business
A.Variance Request
This date and time has been set to hold a public hearing to consider
the request of Carol Grimes, property owner, for a variance from
Section 106-202.3(B)(1) of the City of Salem Zoning Ordinance
pertaining to site development regulations, for the property located at
2933 Phillips Brook Lane, Tax Map # 290-1-3.9. The petitioner is
requesting a 4-foot rear yard setback variance to allow the
construction of a 12 x 16 sunroom addition. Section 106-202.3(B)(1)
states that the rear yard setback for the principal structure in the RSF
Residential Single Family zoning district is 25 feet. Proper legal
notice has been given and adjacent property owners have been
notified.
Captain Copenhaver state 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 30 days following the boards’ decision by filing a petition to the
Circuit Court specifying the grounds of which you are aggrieved.
Captain Copenhaver inquired if all the board members had an
opportunity to review the package.
The board members all acknowledged yes.
Captain Copenhaver asked if the secretary had received any
correspondence regarding this matter.
Ms. Wines stated no correspondence had been received.
Captain Copenhaver asked that the petitioner please approach the
podium and state your case. Please state your name, address, and
relationship to the hearing.
Ms. Grimes identified herself as the petitioner and owner of 2933
Phillips Brook Lane. I contracted Southwest Sunrooms to put a
sunroom at the far end of my house. I gave them a substantial amount
of deposit in the amount of $17,000. When they came out to measure,
they were unsure of the footage for this code. I hired a surveyor, and
they came out and surveyed. I found out I was a few feet off. The
sunroom is going to go on the foot of an already established brick
patio that is 10’ by 16’. The sunroom is going to be 12’ by 16. It will
not impact any construction by the property line. It will not impact
any neighbors. The neighbors on either side are fine. The neighbors in
the back are so far away. They set over a berm that is about 2 stories
high and over 250 feet away. I have a brochure if the board would like
to see the design of the sunroom. I tried to get someone from the
company to come today, but they were too busy doing other jobs. I did
submit the letter. Did everyone get the letter? I submitted the forms
and some personal photographs. I just think that with that 2 feet extra
around the base of it would not impact any development wise or
construction near the property line. It won’t affect how the HOA
wants the development to look. The HOA submitted me an email,
which I forwarded, that they were all in agreement if this should pass.
I don’t know if anyone else needs any information. I submitted floor
plans.
Captain Copenhaver asked if there were any questions from members
of the board.
Hearing none he inquired if there was anyone else that would like to
be heard on this matter?
Captain Copenhaver closed the public hearing for further questions
and/or discussions amongst the board members.
Hearing no further discussion, Captain Copenhaver asked for a
motion.
Mr. Gresham made a motion to approve the request.
Mr. Sellers 2nd the motion
Captain Copenhaver asked for the roll call.
Roll call: Mr. Rippee, yes; Mr. Zoller, yes; Mr. Sellers, aye; Mr.
Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver stated that the variation from the terms from the
zoning ordinance requested in the application of the petitioner is
hereby granted in accordance with the application presented at this
meeting. The building official is therefore authorized and directed to
issue a permit to the petitioner for the requested construction in
accordance with the submitted application and any conditions opposed
by the board which there were none. The secretary of the Board of
Zoning Appeals is hereby instructed to certify a copy of this order to
the City of Salem and the building official in the City of Salem.
Captain Copenhaver stated that this portion of the meeting was over
and notified the petitioner that she could stay or leave at this time.
The petitioner expressed her gratitude.
Captain Copenhaver reopened the administration portion of the
meeting. The first thing is to elect officers for 2024. We
will need to elect a Chairman, Vice Chairman, and a secretary.
Captain Copenhaver asked if there are any board members interested
in being nominated for Chairman of the Board of Zoning Appeals?
Mr. Sellers moved to elect Captain Copenhaver as Chairman.
Mr. Gresham 2nd the motion.
Captain Copenhaver asked if anyone else would like to be nominated.
Hearing none:
Roll Call: Mr. Rippee, aye; Mr. Zoller, aye; Mr. Sellers, aye; Mr.
Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver accepted the position of Chairman of the Board
of Zoning Appeals.
Captain Copenhaver asked if any of the members would like to be
nominated to serve as Vice Chairman for the Board of Zoning Appeals
for 2024?
Mr. Gresham asked if any of the members that were unable to attend
the meeting on this day had previously expressed interest in serving
as Vice Chairman in the past?
Ms. Wines answered negatively.
Mr. Gresham wanted to make sure the other members were
considered if they had an interest in serving as Vice Chairman.
Captain Copenhaver asked if alternate members could serve as Vice
Chairman, and he wanted to know who was here attending today as
an alternate.
Mr. Rippee and Mr. Zoller both identified themselves as alternates
sitting in for today’s hearing.
Mr. Gresham expressed he could not accept a nomination for Vice
Chairman at this time.
Captain Copenhaver asked Mr. Sellers if he would be interested in the
position of Vice Chairman?
Mr. Sellers stated he could serve in that role.
Captain Copenhaver made a motion that Frank Sellers be nominated
as Vice Chairman of the Board of Zoning Appeals.
Mr. Gresham 2nd the motion.
Roll call: Mr. Rippee, aye; Mr. Zoller, aye; Mr. Sellers, abstain; Mr.
Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver in conclusion of this portion of the meeting made
a motion to nominate Mary Ellen Wines as Secretary of the City of
Salem Board of Zoning Appeals.
Mr. Gresham 2nd the nomination.
Roll call: Mr. Rippee, aye; Mr. Zoller, aye; Mr. Sellers, aye; Mr.
Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver stated that the 3rd and final area of business left
was to approve the minutes from the last Board of Zoning Appeals
hearing. Captain Copenhaver asked if all of the members had an
opportunity to review the minutes from the 27th December 2023
meeting.
All board members stated they had.
Captain Copenhaver asked if there were any changes or corrections
that needed to be made.
All board members stated no to changes or corrections.
Captain Copenhaver moved to approve the minutes. Mr. Gresham
2nd the motion.
Roll call: Mr. Rippee, aye; Mr. Zoller, abstain; Mr. Sellers, aye; Mr.
Gresham, aye; Captain Copenhaver, aye.
Captain Copenhaver adjourned the meeting at 4:13 p. m.
ATTEST:________________________
Captain Copenhaver, Chairman
Board of Zoning Appeals
Board of Zoning Appeals
MINUTES
Wednesday, April 24, 2024, 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 April 24th, 2024. Notice of such hearing was
published in the April 11, and 18, 2024, 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 Copenhaver called the hearing to order at 4:00 p.m. on this
24th day of April 2024.
Chairman Copenhaver stated, Maxwell Dillon, would sit in as
secretary pro-tem, for this meeting.
Mr. Gresham is so moved.
Mr. Sellers 2nd the motion.
Roll call: Mr. Zoller, yes; Mr. Belanger, aye; Mr. Gresham, yes; Vice
Chair Sellers, aye; Chairman Copenhaver, aye.
Captain Copenhaver asked Will Simpson, City Engineer, to lead in the
Pledge of Allegiance.
2. Old business
Chairman Copenhaver noted there was no old business at this time.
3. New Business
A. Variance Request
This date and time has been set to hold public hearing to consider the
request of Donna L. Musgrave, property owner, for a variance from
Section 106-202.3(B)(1) of the City of Salem Zoning Ordinance
pertaining to site development regulations, for the property located at
805 Honeysuckle Road, Tax Map # 45-2-1. Section 106-202.3(B)(1)
requires the front yard setback to be twenty-five (25) feet. The
petitioner is therefore requesting a variance of sixteen (16) feet of
front yard setback to allow the construction of an attached garage.
Proper legal notice has been given and all property owners have been
notified of said hearing.
Captain Copenhaver read the disclaimer. Should anyone disagree with
the boards’ 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 30 days following the boards’ decision by filing a petition to
the Circuit Court specifying the grounds of which you are aggrieved.
Have all the board members had an opportunity to review the
correspondence and visit the property.
The board members all acknowledged yes.
Captain Copenhaver asked if the secretary had received any
correspondence or calls regarding this matter.
Mr. Dillon stated no correspondence had been received.
Captain Copenhaver asked that the petitioner or their representative
please approach the podium and state your case. Please state your
name, address, and relationship to the hearing.
Ms. Donna Musgrave introduced herself, acknowledging she is the
property owner. Ms. Musgrave thanked the board for considering her
request. Ms. Musgrave referred to the copy of the plat of the property,
the zoning regulations require an offset of twenty-five (25) feet from
the property line for a building. Ms. Musgrave stated she wants to
build a two (2) car garage in an area that is currently part of the
driveway. The reason for the request is because the property does not
go all the way to the road; it cuts across the driveway. To satisfy the
twenty-five (25) feet the garage would have to be moved back further.
The back yard is a steep bluff located behind the house with a big
retaining wall. These limit the layout of the property. Ms. Musgrave,
realizing the purpose of setbacks is to make the buildings not too close
to the road. Ms. Musgrave explained what she had in mind was not
going to be that close to the road, it would be closer than twenty-five
(25) feet from the property line which goes across the driveway. Ms.
Musgrave stated that she doesn’t feel it would have an impact on
neighbors. Ms. Musgrave stated she has spoke with her neighbors that
were available and no one had any objections or concerns.
Chairman Copenhaver questioned Ms. Musgrave about which
neighbors specifically she had spoken with.
Ms. Musgrave named speaking with the neighbor to the right of the
house. The house adjacent to the left is unoccupied currently.
Neighbors on the opposite side of the road as well. Neighbors at
higher elevations and up the street.
Mr. Zoller inquired if the garage will touch the retaining wall.
Ms. Musgrave asked Todd Setliff with TS Design and Build, who will
be the architect.
Mr. Todd Setliff, owner of TS Design and Build, lives in Roanoke.
Explained that he was hired by Ms. Musgrave to see if a garage could
be built. Mr. Setliff referred to the picture of a garage that would be
close to the one Ms. Musgrave would like to have built. Mr. Setliff
stated that one of the items they would be looking at is replacing the
retaining wall. Mr. Setliff told Ms. Musgrave that at first sight the
garage would have to be almost twenty-five (25) feet in height since it
backed up to the bluff. That would be a great expense for Ms.
Musgrave.
Mr. Zoller wants to clarify if there would be an area to walk between
the car and the garage and the wall.
Mr. Setliff responded not likely; it would be very tight.
Ms. Musgrave explained that a couple of different ideas had been
entertained on how to best situate the garage in the area.
Chairman Copenhaver asked if the contractor investigated excavating
any of the bluff to try and get the garage situated more towards the
back of the house.
Mr. Setliff responded that was one plan, but with the cost and it being
a lot of dirt. Ms. Musgrave and I agreed on this maybe the best
solution was to come before the board and ask for a variance.
Ms. Musgrave stated that she planned to replace the existing retaining
wall. It is made of wood, and she will be having to do a lot of digging
behind it. The plans are to backfill with some stone for drainage.
There will be some excavation. It is a steep hill.
Captain Copenhaver asked if there were any questions from members
of the board. Hearing none, he inquired if there was anyone else that
would like to be heard on this matter?
Hearing none, Captain Copenhaver closed the public hearing for
further questions and or discussions amongst the board members.
Hearing none, Captain Copenhaver asked for a motion.
Mr. Belanger made a motion to allow the variance of less than twenty-
five (25) feet for Ms. Musgrave to build the garage with a breezeway
in the middle.
Mr. Gresham 2nd the motion.
Captain Copenhaver asked for the roll call.
Roll call: Mr. Zoller, aye; Mr. Belanger, aye; Mr. Gresham, aye; Vice
Chair Sellers, aye; Captain Copenhaver, aye.
Captain Copenhaver stated that the variation from the terms from the
zoning ordinance requested in the application of the petitioner is here
by granted in accordance with the application presented at this
meeting. The building official is there for authorized and directed to
issue a permit to the petitioner for the requested construction in
accordance with the submitted application and any conditions opposed
by the board which there were none. The secretary of the Board of
Zoning Appeals is hereby instructed to certify a copy of this order to
the City of Salem and the building official in the City of Salem.
Captain Copenhaver stated that this portion of the meeting was
adjourned at 4:11 P.M.
ATTEST: ___________________________
Captain Copenhaver, Chairman
Board of Zoning Appeals
CASE NUMBER:2024-003:
APPLICANTS: Jasper and Janet Doss, 124 Upland Drive
STAFF
ANALYSIS
SALEM, VIRGINIA
124 Upland Drive
Board of Zoning Appeals (BZA)
Public Hearing Date:
June 26, 2024
Community Development
Planning & Zoning
Administration Division
21 South Bruffey Street
(540) 375-3032
APPLICANTS’ REQUEST
The request of Jasper and Janet Doss, property owners, for a variance from Section 106-202.3(B)(1)
of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property
located at 124 Upland Drive, Tax Map # 272-1-2.3. The petitioners are requesting a 15-foot rear-
yard setback variance to allow for the construction of a covered porch. Section 106-202.3(B)(1)
states that the rear yard setback shall be 25 feet. Therefore, the petitioners are requesting a 15-
foot variance.
BACKGROUND INFORMATION
124 Upland Drive is zoned RSF, Residential Single-Family District. The property currently
is comprised of 0.50 acres and contains a 2,564 square foot bi-level vinyl and stone home,
constructed in 1996. This parcel is a part of the West Club Forest, Section 5 subdivision,
platted in 1989 and is considered legally conforming. In December 1995 the contractor
requested an eight (8) foot rear yard variance to construct the home. The Board granted a
four (4) foot rear yard variance. At that time, the required rear yard setback was thirty (30)
feet.
The petitioner would like to build a 16’ x 16’ covered rear porch to allow for easier
handicap access. According to Section 106-202.3, Site development regulations, the rear
yard setback of the principal structure shall be 25 feet. The topography in the rear is
steep, contours showing 1146’ at the rear of the home to 1158’ at the rear property line,
and fully vegetated, providing additional buffering.
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.
(B) Minimum Setback Requirements.
1.Principal Structure:
Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way
less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to
have a front yard greater than that observed by an existing building on an adjoining lot.
Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, under no circumstances
shall either side yard be required to exceed 25 feet.
Rear Yard: 25 feet.
Vegetation Steep Topography
AFFIDAVIT
STATE OF VIRGINIA
CITY OF SALEM
I, Mary Ellen H. Wines, Planning & Zoning Administrator for the City of Salem, Virginia, hereby certify that notice
of a hearing before the Salem Board of Zoning Appeals was mailed to the hereinafter named adjacent and abutting
property owners, agents or occupants, in accordance with Section 15.2-2204 of the 1950 Code of Virginia, as amended.
RE: The request of Jasper and Janet Doss, property owners, for a variance from Section
106-202.3(B)(1) of the City of Salem Zoning Ordinance pertaining to site development
regulations, for the property located at 124 Upland Drive, Tax Map # 272-1-2.3. The
petitioners are requesting a 15-foot rear-yard setback variance to allow for the
construction of a covered porch. Section 106-202.3(B)(1) states that the rear yard
setback shall be 25 feet. Therefore, the petitioners are requesting a 15-foot variance.
NOTICE MAILED TO:
___
Mary Ellen H. Wines, CZA CFM, Planning & Zoning Administrator
Subscribed and sworn to before me this 13th day of June 2024. My commission expires .
Loretta L. Prillaman
Notary Public
Location Owner Name Address 1 City, State, Zip
132 UPLAND DR MALLINGER BARRY L 132 UPLAND DR
SALEM, VA
24153
128 UPLAND DR TAYLOR, KEVIN J 128 UPLAND DR
SALEM, VA
24153
124 UPLAND DR DOSS JASPER TERRY & DOSS JANET BOND 124 UPLAND DR
SALEM, VA
24153
120 UPLAND DR FARRELL KIMBERLY D 120 UPLAND DR
SALEM, VA
24153
116 UPLAND DR YOUNG, VICKIE 116 UPLAND DR
SALEM, VA
24153
2831 SIMMS CIR WINGO, ANTOINETTE D 2831 SIMMS CIR
SALEM, VA
24153
2827 SIMMS CIR
ROCHELLE A GRAHAM IRREVOCABLE
TRUST 2827 SIMMS CIR
SALEM, VA
24153
2821 SIMMS CIR EARY LESLIE M JR & EARY DIANNE N 2821 SIMMS CIR
SALEM, VA
24153
2819 SIMMS CIR HALE WILLIAM J & HALE TRACY P 2819 SIMMS CIR
SALEM, VA
24153
2815 SIMMS CIR SNYDER, STEPHEN B 2815 SIMMS CIR
SALEM, VA
24153
211 DIAMOND
RD SIMMS PROPERTY LLC PO BOX 7038
ROANOKE, VA
24019
77 SAWYER DR
VANSUTPHEN DAVID L & VANSUTPHEN
BARBARA U 77 SAWYER DR
SALEM, VA
24153