Planning

BOARD OF ZONING APPEALS
March 7, 2011
MEETING MINUTES

Present:  Chair John Bradshaw, Members Gifford Childs, Linda Russell, Kim Cash, Goffrey Miles, and Alternate Ron Moyer

Staff:    Fred Boger, Planning Director, and Wanda Staton, Secretary

Call to Order:  Mr. Bradshaw called the meeting to order at 7:30 P. M.

Minutes of November 1, 2010 – Ms. Cash made a motion to approve the minutes as presented, Mr. Childs provided the second, and motion passed 5-0.

Variance #2011-001 – George Krieger
Mr. Boger reported that Mr. George H. Krieger, Executive Director, Nelson County Community Development Foundation, is appealing the Zoning Administrator’s denial of a zoning permit to replace an existing manufactured home located at 249 Fox Hollow Road, Afton, with a more recent model with only a 60’ front yard setback whereas 75’ is required. The subject property is owned by  Eugene and  Marilyn Berry and is further identified as Tax Map #6-A, Parcel 90. The property and the surrounding area is zoned Agricultural, A-1.

Several years ago the Berry’s home was destroyed by fire. The community came together and was able to acquire an older manufactured home and had it placed on their property. The manufactured home was connected to the existing well and septic system.

Mrs. Berry is currently residing in a nursing home in Staunton. The existing home is extremely substandard and the Health department will not allow Mrs. Berry to return home until this problem has been resolved.

A newer model manufactured home has been purchased, but it cannot be setup on the 1 acre parcel of land without a variance to the front yard setback.

A variance is necessary to locate the dwelling within the front yard setback because of the following problems associated with this site:

1.    There is an electric power line along the western side of the property and no structure can be located within the easement. The old home was located in the electric easement.
2.    A new septic system and drain field is required for the new dwelling. The drain field will be located just south of the old house site on the remaining flat area of the site.
3.    The old dwelling is located approximately 60 feet from the center of Fox Hollow Road and the new manufactured home will have the same front yard setback.

Mr. George Krieger stated the Health Department requires that any septic system over 10 years old be reinspected. This house cannot be salvaged. They tried to determine if they move a new dwelling on this property that they could connect to the septic system. They had to uncover the old septic system and it dates back to the 1960’s and it didn’t even have lines. It had a distribution box and a tank that went into a large pit of rocks.

Mr. Bradshaw asked Mr. Krieger to sign and affirm that the information he was giving before the Nelson County Board of Zoning Appeals was the truth.

Mr. George Krieger continued. He determined that the existing septic would not be adequate. As the Berry’s agent he has applied for a new well permit, a new septic permit, and given notice of the proposed abandonment of the existing well.  The septic permit will support a 2 bedroom dwelling which shall be recorded with the Circuit Court thus preventing any future expansion.

Mr. Krieger stated that the existing house will be demolished and the new trailer moved into place within a 48 hour period. The order in progress is: they will install the septic system, then abandon the existing well by pouring concrete in the well, drill a new well and install the water lines. The house will be demolished within 4 hours, pushed to side and then roll in the single wide trailer, make the connections, obtain the certificate of occupancy and move the family in.

Mr. Bradshaw asked if anyone had any questions. There being none, the public hearing was opened.  There were no comments. Public hearing was closed.

Ms. Russell stated that she had been to the property and it is very strangely shaped. This property is a perfect example of where the size and shape of the property is unique and not shared by the neighbors and a variance is certainly justified.

Ms. Russell made a motion to approve Variance #2011-001 for a reduction in a front yard setback from the required 75’ setback to 60’ to permit locating a single wide trailer on the current house site at 249 Fox Hollow Road, Tax Map # 6-A-90, owned by Eugene and Marilyn Berry.  The Board finds that the size and shape of the property and the topography are characteristics not generally shared with other properties in the area and granting this variance will not result in a substantial detriment to adjacent properties.

Ms. Cash provided the second and the motion passed 5-0.

Election of Officer for 2011
Ms. Russell made a motion nominating the current panel of officers including the current secretary, Wanda Staton for 2011.  Ms. Cash provided the second and motion passed 5-0.

Other Business – None

Adjournment
At 8:00 o’clock P.M., Mr. Bradshaw declared the meeting adjourned.

Next meeting –  April 4, 2011

Respectfully submitted,

Wanda L. Staton
BZA Secretary