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Home My WebLink About11/27/2024 - Zoning Appeal - Agenda - BOARD OF ZONING APPEALS AGENDA Wednesday, November 27, 2024 at 4:00 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. New Business A. Variance Request Hold public hearing to consider the request of Jason N. and Jennifer C. Fountain, property owners, for a variance from Section 106-202.3(B)(2) of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 621 North Broad Street, Tax Map # 70 - 2 - 1. Section 106-202.3(B)(2) states that accessory structures must be located behind the rear building line of the principal structure. Therefore, the petitioners are requesting a variance to construct an inground pool in the side yard. B. Appeal Request Hold public hearing to consider an application from Mikel Leo Trenor, property owner, appealing the decision from the Zoning Administrator dated September 5, 2024, which cited that 1374 Texas Street (formerly 1300 block) was in violation of the City of Salem Zoning Ordinance as follows: Chapter 106 Zoning, Article IV Development Standards, Sections 106-400 Site Plan Review and 106-404 Construction Standards. 4. Adjournment Page 1 of 67 CASE NUMBER:2024-005: APPLICANTS: Jason & Jenn Fountain, 621 North Broad Street STAFF ANALYSIS Board of Zoning Appeals (BZA) Public Hearing Date: November 27, 2024 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3032 SALEM, VIRGINIA 621 North Broad Street APPLICANTS’ REQUEST Hold public hearing to consider the request of Jason N. and Jennifer C. Fountain, property owners, for a variance from Section 106-202.3(B)(2) of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 621 North Broad Street, Tax Map # 70 - 2 - 1. Section 106-202.3(B)(2) states that accessory structures must be located behind the rear building line of the principal structure. Therefore, the petitioners are requesting a variance to construct an inground pool in the side yard. BACKGROUND INFORMATION 621 North Broad Street is zoned RSF, Residential Single Family District. The property currently is comprised of 0.322 acres and contains a 1,893 square foot one story plus partial brick home, constructed in 1948 with a 1,054 square foot detached garage. This parcel is a part of the Monteiro Land & Residence Company subdivision platted in 1890 and is considered legally conforming. The petitioners were granted a special exception permit by City Council for an accessory apartment in the garage. In order for the accessory apartment to be located in the garage, the garage must be attached to the primary structure. Thusly making the garage a part of the primary structure and therefore moving the rear building line back to the rear side of the garage. The petitioner would like to construct a 14 foot x 29.5 foot inground pool. The location of the pool will now be considered the side yard due to the attachment of the garage. Pools are considered accessory structures and according to the current zoning ordinance, and accessory structure must be placed in the rear yard. 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 Page 2 of 67 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. 2. Accessory Structures: Front Yard: Behind the rear building line of the principal structure. Side Yard: Five feet. Rear Yard: Five feet. NEIGHBORHOOD VIEW OF PROPERTY Mowles Spring Park Page 3 of 67 Docusign Envelope ID: 67409B48-3454-4094-9788-C88AC6930510 Page 4 of 67 X X X The property is a corner lot pool therefore has two front yards. The placement of the pool behind both structures from Main St and Maccie as indicated shields view of pool for safety as an "attractive nuisance" from neighborhood kids. View from house at proposed location safely allows monitoring of elderly parents and kids See attached letter. X x LT 1 N 35 FT LT 2 SEC 4 MONTEIRO LAND & RES CO x two story with basement wood framed structure single family residenceRSF 70-2-1 621 North Broad St. dolly@architecturaldesignservices.net540 793-3339 24014VARoanoke 4421 Bandy Rd Architectural Design Services Dolly Dollberg jenn.fountain@nestrealty.com540 314-0029540 354-6456 24153VASalem 621 North Broad St. Jason and Jenn Fountain Digitally signed by Dolly-Davis Dollberg DN: C=US, O=architectural design services, CN=Dolly-Davis Dollberg, E=dolly@architecturaldesignservices.net Reason: I have reviewed this document Location: your signing location here Date: 2024.09.30 16:49:55-04'00' Foxit PhantomPDF Version: 10.1.9 Dolly-Davis Dollberg Docusign Envelope ID: 67409B48-3454-4094-9788-C88AC6930510 9/30/2024 Page 5 of 67 No The pool if located behind all the structures for Main St would have the pool be adjacent to the street and create a hardship for monitoring the pool in a remote location and create possible hazards with an "attractive nusiance" for neighborhood kids to access the pool unsupervised. See attached Justification letter The zoning ordinance does not consider the corner lot and the two front yards that the property has. See the justification letter for more information This issue is unique to this property since it essentially has two front yards. The location proposed in plans is complying with spirit of existing zoning, which does not allow pools in front yards. The ability to monitor the pool form the house and covered deck is a necessary safety concern. See justification letter. No, the improvements and use would be consistent with adjacent property uses, it would improve the property value and consequently the neighbors property as well. A new accessory dwelling unit intended for aging parents of the owners and occupants of residence will reside and use the pool. supervision for the aging parents and grandkids, while doing therapy will help with physical activity and well being without endangering them in from a disability of cognitive decline. Docusign Envelope ID: 67409B48-3454-4094-9788-C88AC6930510 Page 6 of 67 Docusign Envelope ID: 67409B48-3454-4094-9788-C88AC6930510 Page 7 of 67 Docusign Envelope ID: 67409B48-3454-4094-9788-C88AC6930510 Page 8 of 67 September 30, 2024 Zoning Variance Justification Letter and explanation for Special Exception Request Salem Zoning Department Re: New Pool Location and Accessory Apartment Location: 621 North Broad Street, Salem VA 24153 The property owned by Jason and Jenn Fountain at 621 North Main St is their primary residence. They are wanting to do physical improvements to this property which include the following: renovate portions of existing structure, new addition including – new living space, master bedroom suite, laundry, basement storage, covered porch overlooking pool, covered walkway to pool and new accessory apartment for their aging parents. The existing structure contains 4,545 gross square footage and existing garage contains approximately 2,000 unfinished garage and storage space. The proposed addition will add approximately 678sf on first floor and 678sf in basement for storage as well as 380sf of covered porch overlooking pool and accessory apartment. The garage structure will be renovated into an accessory apartment (625sf), covered patio and garage. The apartment will not exceed the 40% of main structure and will be connected to the main structures electric and water service. The intention of the renovations and addition is to create a caring environment for multi- generational living with age-in-place space for elderly parents. The pool will be shared by the owners and age in place parents for recreation and therapy. The location of the pool is best suited to be away from the street front of Main Street and Maccie Street. The proposed location keeps the pool out of site from street/front yards to deter neighborhood kids from attempting access pool they can see. The location also provides direct line of site from the house and covered porch so aging parents, grandkids and guests can be safely monitored. The pool will be adjacent to the main street neighbors backyard which has similar uses for private recreation etc. This project would beautify the neighborhood, provide higher tax base and increased family support in a safe environment. Sincerely, Dolly Davis Dollberg, PA President Architectural Design Services, LLC Page 9 of 67 INDEX TO DRAWINGS COVER SHEET ARCHITECTURAL DOLLY@ARCHITECTURALDESIGNSERVICES.NET 4421 BANDY RD, ROANOKE, VIRGINIA 24014 540.793.3339 DOLLY-DAVIS DOLLBERG, PA ARCHITECTURE PLANNING PROJECT MANAGEMENT ARCHITECTURAL DESIGN SERVICES ROANOKE, VIRGINIA FOUNTAIN RESIDENCE PROPOSED DESIGN DOCUMENTS 3155 STONERIDGE ROAD SEPTEMBER 23, 2024 A100 BASIC SITE PLAN GARAGE AND ENTRANCE * * A101 EXISTING PLANS* NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC A102 FIRST FOOR PLAN HOUSE* A104 ROOF PLAN* A103 FIRST FLOOR PLAN APARTMENT* A501 ELEVATIONS* A502 ELEVATIONS* Page 10 of 67 16 3 ' - 3 " 24 ' - 7 1 16 " MA C C I E S T R E E T 30 ' - 0 " 40'-0" 8'-6"8'-6" 5' - 0 " 8'-6" 84'-6" 14'-0" 29 ' - 6 " 10'-33 4" DW REF OUTDOOR KITCHEN 106 105 13 ' - 0 " 104 4'-1" 3'-0"GRILL PATIO COVERED 107 10 ' - 7 " BAR/STOR 107B STORAGE 107A 100 101 102 103 103A 100A PORCH COVERED 107 UP LIVING RM 101 BATH 105 PORCH 100 KITCHEN 102 HOME OFFICE 103 MASTER BATH AND CLOSET 106 LIVING ROOM 104 MASTER BEDROOM 106 4'-113 4" 6' - 9 3 8" 4' - 0 " 3'-6" REFDW BA R PANTRY 13 ' - 0 " 8' - 1 0 3 16 " 3' - 3 7 8" 3' - 6 3 8" 2' - 0 " 10 ' - 9 1 4" CLOSET 100 BATHROOM 100 7' - 9 7 8" 2' - 6 " LINENCOATS WALK-IN CLOSET 106 12 ' - 2 " 28'-1" GRILL SHOWER IRON BOARD FULL MIRROR P100 STORAGE pool equip changing 17'-6" W D 4'-6" 1SCALE: 3/32" =1'-0"PROPOSED SITE PLAN PROPOSED SITE PLAN A100 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT Page 11 of 67 UP EXIST STORAGE 004 EXIST FAMILY RM 001 EXIST BATH 003 EXIST CRAWL UP EXIST STORAGE 004 EXIST FAMILY RM 001 EXIST BATH 003 EXISTING BASEMENT EXISTING FIRST FLOOR TAKEN FROM BALZER DOES NOT ALIGN WITH OTHER FLOOR FIELD VERIFY TAKEN FROM BALZER DOES NOT ALIGN WITH OTHER FLOOR FIELD VERIFY 1SCALE: 1/4" =1'-0"EXIST FLOOR PLANS EXISTING FLOOR PLANS A101 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT Page 12 of 67 105 13 ' - 0 4'-1" PATIO COVERED 107 BAR/STOR 107B PORCH COVERED 107 UP LIVING RM 101 BATH 105 PORCH 100 KITCHEN 102 HOME OFFICE 103 MASTER BATH AND CLOSET 106 LIVING ROOM 104 MASTER BEDROOM 106 4'-113 4" 6' - 9 3 8" 4' - 0 " 3'-6" REFDW BA R PANTRY 13 ' - 0 " 8' - 1 0 3 16 " 3' - 3 7 8" 3' - 6 3 8" 2' - 0 " 10 ' - 9 1 4" CLOSET 100 BATHROOM 100 7' - 9 7 8" 2' - 6 " LINENCOATS WALK-IN CLOSET 106 12 ' - 2 " 28'-1" GRILL SHOWER IRON BOARD FULL MIRROR 17'-6" W D 4'-6" 1SCALE: 1/4" =1'-0"EXIST FLOOR PLANS FIRST FLOOR PLAN A102 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT Page 13 of 67 MA C C I E S T R E E T 30 ' - 0 " 40'-0" 5' - 0 " 8'-6"14'-0" 29 ' - 6 " 10'-33 4" DW REF OUTDOOR KITCHEN 106 105 13 ' - 0 " 104 4'-1" 3'-0"GRILL PATIO COVERED 107 10 ' - 7 " BAR/STOR 107B STORAGE 107A 100 101 102 103 103A 100A 8' - 1 0 3 16 " P100 STORAGE pool equip changing 1SCALE: 1/4" =1'-0"APARTMENT PLAN APARTMENT PLAN A103 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT Page 14 of 67 16 3 ' - 3 " MA C C I E S T R E E T 4:12 SLOPE RIDGE VENT, TYP ARCHITECTURAL FIBERGLASS SHINGLE ROOFING, W/ ICE AND WATER SHIELD @ EAVES VALLES AND VERTICAL TERMINATIONS, TYP. ICE AND WATER SHIELD AT ROOF EAVES AND RAKES 36" MIN FROM EDGE OF ROOF, TYPICAL ALUM CONTINUOUS GUTTER & DOWNSPOUTS TO 4" UNDERGROUND PIPE TO DAYLIGHT, TYP. ARCHITECTURAL FIBERGLASS SHINGLE ROOFING, W/ ICE AND WATER SHIELD @ EAVES VALLES AND VERTICAL TERMINATIONS, TYP. ICE AND WATER SHIELD AT ROOF EAVES AND RAKES 36" MIN FROM EDGE OF ROOF, TYPICAL ALUM CONTINUOUS GUTTER & DOWNSPOUTS TO 4" UNDERGROUND PIPE TO DAYLIGHT, TYP. 2.5:12 SLOPE 1SCALE: 1/4" =1'-0"ROOF PLAN ROOF PLAN A104 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 NOTE: ALL DESIGNS ARE PROPERTY OF ARCHITECTURAL DESIGN SERVICES, LLC NO USE OR REPRODUCTION WITHOUT WRITTEN CONSENT Page 15 of 67 3SCALE: 1/4" =1'-0"EXTERIOR ELEVATION - RIGHT ELEVATIONS A501 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 1SCALE: 1/4" =1'-0"EXTERIOR ELEVATION - FRONT 2SCALE: 1/4" =1'-0"EXTERIOR ELEVATION - LEFT Page 16 of 67 2SCALE: 1/4" =1'-0"EXTERIOR ELEVATION - REAR ELEVATIONS A502 DATE REVISIONS PROJECT ARCHITECT SHEET TITLE STRUCTURAL ENGINEER 4421 BANDY RD, ROANOKE, VIRGINIA 24014 NOTES ARCHITECTURE AND PLANNING 540.793.3339 DOLLY@ARCHITECTURALDESIGNSERVICES.NET NUMBER DATE DDD DOLLY-DAVIS DOLLBERG, PA SALEM, VIRGINIA PROGRESS DRAWINGS FOR OWNER REVIEW FOUNTAIN RESIDENCE 621 NORTH BROAD ST SEPTEMBER 23, 2024 1SCALE: 1/4" =1'-0"EXTERIOR ELEVATION - LEFT Page 17 of 67 Page 18 of 67 CASE NUMBER: 2024-006: APPLICANTS: Mikel L. Trenor, 1374 Texas Street STAFF ANALYSIS Board of Zoning Appeals (BZA) Public Hearing Date: November 27, 2024 Community Development Zoning Administration Division 21 South Bruffey Street (540) 375-3032 SALEM, VIRGINIA 1374 Texas Street APPLICANTS’ REQUEST Hold public hearing to consider an application from Mikel Leo Trenor, property owner, appealing the decision from the Zoning Administrator dated September 5, 2024, which cited that 1374 Texas Street (formerly 1300 block, Tax Map # 150-1-3) was in violation of the City of Salem Zoning Ordinance as follows: Chapter 106 Zoning, Article IV Development Standards, Sections 106-400 Site Plan Review and 106-404 Construction Standards. BACKGROUND INFORMATION 1374 Texas Street is zoned LM, Light Manufacturing District. The property currently is comprised of 0.503 acres and is currently vacant. This parcel was a VDOT property. Mr. Trenor leased the property for years and eventually purchased the property from VDOT in September 2021. The lot is considered a legal conforming lot. On or around September 5, 2024, it was observed that the parcel in question had been developed without the benefit of a site plan and in violation of the construction standards as detailed in the zoning ordinance. The petitioner states that this parcel has historically been used for parking of inventory associated with his business located at 1392 Texas Street, Anchor Sales and Service. In addition, it is stated that the parcel had a gravel parking area. Both of these statements are true. However, the gravel lot in question has not been maintained for at least the last three years. (please see the attached photos.) Also, by the contractor’s own admission that the lot had been invaded by grass and weeds. The petitioner’s pictures also show an abundance of grass. Page 19 of 67 According to Section 106-526.3 – Nonconforming uses, if the use is discontinued for more than two years it must be brought into compliance. As you can see from the photos the gravel was not maintained therefore cannot be replaced. Section 106-404 requires parking areas to be asphalt or concrete. Gravel is currently not allowed. A violation notice was mailed to the property owner and staff met on site to discuss the requirements. A site plan must be submitted in accordance with 106-400. Landscaping must be provided in accordance with 106-402. The parking area must be constructed in accordance with 106-404. Section 15.2-2309 of the Code of Virginia relating to the powers and duties of boards of zoning appeals state that the determination of the administrative officer shall be presumed to be correct and the petitioner shall have the burden of proof to rebut the decision by a preponderance of the evidence. Therefore, it is requested that the decision of the zoning administrator, by citing violations of 106-400 and 106-404 of the zoning ordinance, be affirmed. RELEVANT EXCERPTS FROM ZONING ORDINANCE Section 106-400(1), Site plan review, of the City of Salem Zoning Ordinance states that "All new development in every zoning district except for single- and two-family dwellings must submit a site plan. Section 106-600 defines development as "any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations. Section 106-404 states that “all off-street parking areas shall be constructed of a hard surface consisting of bituminous concrete or concrete. Gravel parking areas shall not be permitted, unless the administrator determines that the use is of a temporary nature. Sec. 106-526.3. - Nonconforming uses of buildings, structures or land. Where at the effective date of this chapter or amendments thereto, lawful use exists of buildings, structures, or land, individually or in combination, which use is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two years. Code of Virginia: § 15.2-2309. Powers and duties of boards of zoning appeals. Boards of zoning appeals shall have the following powers and duties: 1. To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special. Page 20 of 67 NEIGHBORHOOD VIEW OF PROPERTY Page 21 of 67 Aerial photo from 2022 Aerial photo from 2021 Aerial photo from 2019 Page 22 of 67 Street View from September 2024 Street View from June 2024 Page 23 of 67 Street View from July 2023 Page 24 of 67 Page 25 of 67 Page 26 of 67 Page 27 of 67 Page 28 of 67 Page 29 of 67 Page 30 of 67 Page 31 of 67 Page 32 of 67 Page 33 of 67 Page 34 of 67 Page 35 of 67 Page 36 of 67 Page 37 of 67 Page 38 of 67 Page 39 of 67 Page 40 of 67 Page 41 of 67 Page 42 of 67 Page 43 of 67 Page 44 of 67 Page 45 of 67 Page 46 of 67 Page 47 of 67 Page 48 of 67 Page 49 of 67 Page 50 of 67 Page 51 of 67 Page 52 of 67 Page 53 of 67 Page 54 of 67 Page 55 of 67 Page 56 of 67 Page 57 of 67 Page 58 of 67 Page 59 of 67 Page 60 of 67 Page 61 of 67 Page 62 of 67 Page 63 of 67 Page 64 of 67 Page 65 of 67 Page 66 of 67 Page 67 of 67