HomeMy WebLinkAbout3/27/2024 - Zoning Appeal - Agenda -Board of Zoning Appeals
AGENDA
Wednesday, March 27, 2024, 4:00 P M
Council Chambers, City Hall, 114 North Broad Street
1.C all to Order
2.Pledge of Allegiance
3.Election of Officers
A.E lection of Officers
Consider the election of C hairman, Vice-C hairman, and Secretary for 2024.
4.C onsent Agenda
A.Minutes
C onsider approval of the minutes of the December 27, 2023, meeting.
5.New Business
A.Variance Request
Hold 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. T he
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. As advertised in the
March 14, and 21, 2024, issues of the Salem Times Register. STA FF REPO RT
6.Adjournment
ORGANIZATIONAL MEETING OF THE BOARD OF ZONING APPEALS March 27, 2024 4:00 p.m.
1. Due to the retirement of Chairman DuBois, Vice-
Chairman calls meeting to order.
2. Roll Call (Secretary)
3. Vice-Chairman reports that the next order of
business is election of Chairman, Vice-
Chairman, and Secretary for 2024.
4. Nominations taken and election held for
Chairman.
5. New Chairman assumes duties.
6. Nominations taken and election held for Vice-
Chairman for 2024.
7. Nominations taken and election held for
Secretary.
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.
ATTEST: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Winston J. DuBois, Chairman Board of Zoning Appeals
CASE NUMBER:2024-001:
APPLICANTS: Carol Grimes, 2933 Phillips Brook Lane
STAFF
ANALYSIS
SALEM, VIRGINIA
2933 Phillips Brook Lane
Board of Zoning Appeals (BZA)
Public Hearing Date:
March 27, 2024
Community Development
Zoning Administration
Division
21 South Bruffey Street
(540) 375-3032
APPLICANTS’ REQUEST
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.
BACKGROUND INFORMATION
2933 Phillips Brook Lane is zoned RSF, Residential Single Family District. The property
currently is comprised of 0.23 acres and contains a 2,405 square foot 1.2 story brick
home, constructed in 2006. This parcel is a part of the Phillips Brook subdivision platted
in 2003 and is considered legally conforming.
The petitioner would like to build an enclosed sunroom on the same footprint as the
existing 10 x 16 brick patio. According to Section 106-406.5(B)(2), Yard, height and
setback requirements patios shall be allowed within all required setback areas. By
removing the patio and constructing a sunroom, the addition must meet the requirements
of Section 106-202.3, Site development regulations, which state that the rear yard setback
of the principal structure shall be 25 feet.
The petitioner is unable to purchase land to the rear (if that were an option) due to the fact
that the property is part of a Planned Unit Development and cannot be altered without
going through the public hearing process
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.
NEIGHBORHOOD VIEW OF PROPERTY
Mowles Spring Park
BOARD OF ZONING APPEALS PETITION APPLICATION
OWNER INF-ORMATION ··~
l:JSE CURRENm eo~Cf. l~FO~MATION FOR ALU PROPERTY OWNERS. (AN ADDITIONAt'SHEE11
MAY BE ATiTACHED FOR MULTIPLE OWNERS)
Name:
Mailing address: /LL I /JS
ity: l-E-Y"'-"\ State: IP Code:
Phone: S#O-9l/-/ ~=>-9
Name:
Corporation:
Mailing address:
............... ncation For:
ppeal Details:
ate of Decision:
ariance Details:
ection of Zoning Ordinance:
ariance Request basis:
Unreasonable Restriction
Hardship due to Physical
Condition of the Property
AGENT INFORMATION-~-~:. .
a e:
Email: , S w' ..SU 1)/'~d ........
, '\ .; APPrLICATION DETAILS
l ,. • ,... --,
A eal of Zonin Decision: D
Regarding:
o Allow:
Variance:~
ddressofProperty: tLLt/JS l<OOI<. E/YJ. VA c:i~tS3
ax Map#: O -{ -Legal Description: LI o. J. A /1.,t,,1 p5 f)RDOI::..
C,,: tr> AJ11f} L Present Use: PRtV~ (<~ , vf,Alt1 l}L. E-s-u b
Letter detailing justification for request (Variance & Appeals)
MA scale drawing of the property & proposed project, with location map
Application Fee
Submit application & associated materials via email to mewines@salemva.gov
Ir , ·SIGNATURES
I certify that the information supplied on this application and on the attachments provided (maps and other
·ntormation) is accurate and true to the best of my knowledge. I further agree to submit payment to the
ewspaper for costs associated with the legal advertisement of the above request. In addition, I hereby
rant permission to the agents and employees of the City of Salem to enter the above property for the
urposes of processing and reviewing the above application. Also, the petitioner understands that a
Notice of Zanin Re u " si n wi b osted b the Cit on an ro e which is involved with a etition
i nature of Owner: .-----~ ........ --Date:
; nature of Owner: Date:
5ianature of Agent: Date:
The Board of Zoning Appeals can grant a variance only if certain legal requirements have been met. The following
questions are intended to help the applicant show that a variance is appropriate.
Please answer all questions as completely as possible. Attach additional pages if necessary.
1. Does the zoning ordinance unreasonably restrict the use of the property? If so, how is the zoning
ordinance unreasonable?
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2. Is there a hardship related to the physical conditions of the property? If so, what physical conditions make
the variance necessary? Were those physical conditions present when the ordinance was adopted?
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3. Is a variance necessary to make a reasonable modification to the property or improvements requested by, or on
behalf of, a person with dlsabillty?If so, describe what modification is needed, and why.
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4. If there is a hardship, was it created by the applicant?
No
5. Is the condition or situation unique to this property, or is it common among other property in the area?
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6. Would the variance have a negative effect on other property in the area?
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~west Sunroom & Window Co.
625 College A venue Salem VA 2415 3
Bill To
Carol Grimes
2933 Phillips Brook Lane
Salem, VA 24153
QTY Item
Terms
Deposit $17,800.00
Due @ Start $35,600.00
Due Under Roof $10,600.00
Due@Cornpletion $7,180.00
Description
Date
11/16/23
Windows come with a manufacturer's lifetime warranty against
seal failure and Southwest's 5 year labor warranty. Southwest to
clean up and haul away all job related debris daily. Lead Time: 18
to 22 weeks to start, weather permitting and/or vendor permitting.
Subtotal
:a 7'
Invoice
Invoice#
3609
Rep
RJP
Amount
$71,180.00
Sales Tax (5.3%) $0.00
A finanoo charge of 1.5% per month, which is an annual rate of 18%, will be added to
balances over 30 days from date of job completion.
Phone#
(540) 389-8844
Page2
Total $71,180.00
Payments/Credits -Sl 7,800.00
Balance Due $53,380.00
, '
Carol Grimes February 25, 2024
2933 Phillips Brook Ln.
Salem, VA 24153
540-494-1229
To Whom It May Concern:
I am submitting a petition to the Board of Zoning Appeals for a variance for the above
address. I purchased the home July 2020 and I have signed a contract with Southwest
Sunroom & Window Co. There is a brick patio (10X16) attached to the house when I
purchased it and I would like to build an enclosed sunroom on the same footprint for my
personal enjoyment. The plans would need an extra 2 feet that would accommodate the
necessary footings to make it 12X16. The approval of the variance would allow this to
fall into the code restriction of being within the 25 Ft. of the property line. I believe the
application of strict terms of the ordinance would unreasonably restrict the use of my
property/project.
Phillips Brook HOA Architectural Committee and President Bryan Gregory have
approved of this project. Emails to follow.
I have had the property surveyed and this sunroom would not have any negative effect on
my neighbors on either side as they sit forward some yards and there is a fence on the
north side of the other property. The property behind me (693 and 2901-1) would not be
affected because they are not directly behind me and they are approximately 260 feet
away with a heavily and densely wooded natural area on the property line that provides
privacy to and from those neighbors. Also, there is no road between the properties.
The situation of my property is not a recurring nature as to make any regulation to be
adopted as an amendment to the ordinance. The granting of the variance will not result in
a use that is not otherwise permitted or change in the zoning classification of the
property. There will not be construction near or on the property line.
There will be several emails to follow with the subject “Petition Application for 2933”
including: Survey, HOA Approval, Pictures, Web Map, Southwest Sunroom plans and
contract.
In conclusion, I appreciate your time in reviewing my application as I have already
invested $17,750 for deposit on contract, survey and fees.
Sincerely,
Carol Grimes
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 March 27, 2024, 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.
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.
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 3-14-2024 and 3-21-2024, issues of the “Salem Times Register”.
Please send statement to Zoning Administrator, P. O. Box 869, 21 South Bruffey Street,
Salem, Virginia 24153).
Mary Ellen H. Wines, Planning & Zoning Administrator
Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov
March 15, 2024
Ms. Carol Grimes
2933 Phillips Brook Lane
Salem, Virginia 24153
RE: Variance Request
2933 Phillips Brook Lane
Tax Map # 290-1-3.9
Dear Ms. Grimes:
You and/or your agent shall appear before the Board of Zoning Appeals
on:
Wednesday March 27, 2024
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
Mary Ellen H. Wines, Planning & Zoning Administrator
Community Development 21 South Bruffey Street, Salem, Virginia 24153, (540) 375-3032, mewines@salemva.gov
March 14, 2024
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 March 27, 2024, in the
Council Chambers, City Hall, 114 North Broad Street
to consider the following:
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.
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