PLANNING COMMISSION
Wednesday,
February 27, 2002
Absent: Mr. Harlow and Mr. Giles
W.E. SMITH PERMITS – The Zoning Administrator had requested an interpretation of a Conditional Use Permit approved in 1984 and a Special Use Permit approved in 1986 to determine if the current uses of the properties at 10417 & 10557 Rockfish Valley Highway for an automobile sales lot, auto repair facility, auto storage lot and office are permitted as uses under those two permits.
Ms. Proulx said that her interpretation of the original motion to permit the sales of used cars from the property did not make any reference to an auto graveyard or a repair shop. Ms. Russell stated that the original permit mentions auto storage from the creek to Rt. 151 and nothing on other parts of the property. She said that she did not interpret the permit to a repair shop or auto graveyard. Mr. Harvey said that all of the buildings have been an accessory use to the auto sales lot from the beginning. He stated that he found it hard to believe that a man could operate a business for 20 years and suddenly have the county tell him that he is in violation. Ms. Russell stated that that doesn’t mean the county can’t approve a permit if Mr. Smith applies, but that they can only interpret what they have. Mr. Hoffman said that it is inferred that to operate a used car lot, you have to prepare the vehicle for sale. Mr. Brush said that having so many inoperable vehicles constitutes an auto graveyard and that that was clearly not approved in the granting of the permits. Mr. Harvey said that the only valid question was the automobiles stored on the property, that all other uses had been treated as accessory uses from day one. Ms. Russell seconded Ms. Proulx’s motion that the original permits did not allow an Automobile Graveyard Class C/auto storage area on the site. Commissioners voted 5-2 with Mr. Harvey and Mr. Hoffman voting no.
On Dr. Walker’s motion that the original permit did allow the operation of a repair garage as an accessory use to the used car lot, Commissioners voted 7-0.
During the Public Hearing, Ms. Roberta Smith identified herself as co-owner of the property and said that she does not support Mr. Smith’s request. She said that she is concerned about stored vehicles leaking fluids and about the environmental effects. Ms. Smith said that she lives on the property and feels her privacy is invaded by the business. She said she would like to see most of the business gone and did not understand how it was expanded without her permission as one of the landowners. Following the Public Hearing, Mr. Brush asked the applicant about his policy on dealing with the vehicle fluids. The applicant noted that he had had an environmental inspection six months ago and again today and had passed both. Ms. Proulx said that her primary concern was whether the Commission could recommend approval on something that one of the landowners does not want on the site. Mr. Brush, noting that he had visited the site, said that he could not vote to expand the business. He said he felt that “no one was minding the store”. Responding to Ms. Proulx’s concern, Mr. Boger noted that both the State Code and the Nelson County Ordinances indicate that all property owners do not have to approve. Dr. Walker said that she would like a legal interpretation before voting. Commissioners voted 6-1 (Mr. Harvey voting no) to continue the issue to the March Planning Commission meeting pending a legal interpretation on the issue of approving a permit with conditions when one property owner does not want it.
CONDITIONAL USE PERMIT-MIRIAM D. CORCORAN – Dr. Corcoran is requesting a permit to operate a technology training program, board meetings and retreats in a primary residence on the corner lot on Horizon’s Village Road and Rt. 151. The dwelling would have 10 bedrooms and bathrooms and 6-8 teachers would come to her home for training and meetings. Staff said that Dr. Corcoran’s proposal is the type of residential/office development recommended by the Comp Plan. Dr. Corcoran asked to changed the road access from Horizon’s Village Road as in the original proposal to access via another road that she owns that accesses Rt. 151, noting that she had recently learned of legal issues involving the Horizon’s Village Road.
During the Public Hearing, Ms. Lisa Lefferts, representing the Horizon Village Property Owners, said that last year the group had stated that they were opposed to any business receiving a permit until the roads were completed. She noted however, that the applicant is proposing a low-impact business. She stated agreement with the recommendation that the applicant enter into a maintenance agreement on Horizon’s Village Road or have access other than that road.
Commissioners voted 7-0 to recommend approval of the Permit with the following conditions:
Ms. Proulx asked about including Staff’s recommendation that the permit becomes void if the property is sold. Mr. Harvey suggested that as long as the new owner continues the exact same thing with the same conditions, the permit should stand.
CONDITIONAL USE PERMIT-JACK DALTON – This application requests a permit pursuant to “Uses not provided for” to allow placement of a 1973 singlewide manufactured home on Toms Lane. The property is zoned Agricultural (A-1) and manufactured homes are permitted by right provided they were built in 1974 or later. Since this home was manufactured in 1973, a Conditional Use Permit is required. After no public comment, Mr. Harvey asked the applicant if the home was for himself or for a rental. Mr. Dalton indicated that it would be a rental. Mr. Harvey stated that standards were needed as it had become popular to buy the old manufactured homes for rentals. He noted that it is not good for the county. Dr. Walker noted that the Commissioners were again being asked to make an exception to their own rule, which they had done in the past. She noted that 1974 and newer were allowed by right and that the application was for a rental unit not a primary residence. She said that she understands the need to provide housing, but noted that the county doesn’t seem to be able to adhere to its own codes and laws. Commissioners voted 5-2 (Mr. Brush and Mr. Hoffman voting no) to recommend denying the Conditional Use Permit. Mr. Harvey clarified that the issue was the year the home was manufactured.
FINAL REVIEW SUBDIVISION PLAT FOR NATT A. HALL, JR. – With no public comment, Commissioners voted 6-0-1 (Mr. Hoffman abstaining) to approve the final plat dividing 43.646 acres into 7 lots. The property is adjacent to Winterhaven subdivision on Glenthorne Loop (Rt. 627). Mr. Boger was authorized to sign the approval contingent on the following:
FINAL REVIEW SUBDIVISION PLAT FOR RONALD TREADWAY – With no public comment, Commissioners voted 7-0 to approve the plat to divide one five-acre lot into two lots on Morse Lane.
PROPOSED OFFICE/WAREHOUSE – Mr. Danny McAllister had requested a preliminary meeting with the Commissioners to discuss a sketch site plan for a proposed office/warehouse on property located on the east side of Afton Mountain Road at the intersection with Rt. 151. The facility would be used by a religious organization for storage and office space. The property is zoned Industrial (M-2) and the proposed use is permitted in that district. Mr. McAllister noted that the office had been redesigned since the sketch he had presented. The new design would be 8,000 square feet and one story. Ms. Proulx noted that she would be concerned that the property be well screened since Rt. 151 is a major tourist route into the county. Mr. Harvey expressed concern that the parking lot and access onto Rt. 151 be carefully designed for safety since tractor trailers will periodically load from the warehouse. Mr. Boger suggested that the applicant think about signage and lighting. Mr. Harvey asked if the group is non-profit and exempt to property and other taxes. Mr. McAllister said that he believed they would be. Mr. McAllister noted that the business would be low-impact and that they currently employee 19 people. The applicant plans to present a site plan at the April Planning Commission meeting.
The next Planning Commission meeting will be Wednesday, March 27 at 7:30pm.