PLANNING COMMISSION

Wednesday, November 19, 2008

 

Present: Ms. Philippa Proulx, Ms. Emily Hunt, Ms. Linda Russell, Mr. Mike Tapager

Absent: Mr. Mike Harman and Mr. Tommy Bruguiere (Board Liaison)

 

PRELIMINARY PLAT/MR. JOHN MORRISON – The applicant submitted a plat to divide 2.0 acres off his 11.372-acre parcel at 2307 Phoenix Road (Lot #16 Arrizona Subdivision).  With no public comment, Commissioners voted 4-0 to approve the preliminary plat.

 

SITE PLAN/NORTH BRANCH SCHOOL – The applicant, represented by Mr. Jim Gates, submitted a site plan for a one-story, 2,600 sq ft addition to add two classrooms and a computer lab on property located at 221 Mickens Road in Avon.  Ms. Proulx stated that she sits on the Board of Directors for the school and would, therefore, recuse herself.  With no public comment, Commissioners voted 3-0 to approve the site plan subject to Health Department approval of the sanitary sewage system.

 

CONDITIONAL USE PERMIT/MR. & MRS. THOMAS M. ROBERTSON – The applicants are requesting a permit to use a small structure on a 10-acre parcel on Rt. 687, North Fork Road in Tyro, as a weekend recreational getaway.  Mr. Boger reported that the State Building Code does allow seasonal type structures which are not built to the same standards as residential structures as they are not to be occupied year round.  He noted though that over a period of time, many evolve into permanent residential structures without complying with building code requirements.  Mr. Boger reported that in 2008, the Board of Zoning Appeals found that the county’s zoning ordinance does not have a provision to permit by-right rustic and seasonal-type structures.  If a structure is to be used for residential use, it must comply with the zoning definition of a dwelling unit.  The Building Official has determined that in order to comply with the definition, the structure must be constructed in compliance with Building Code requirements for a traditional residential structure.

 

Mr. Boger reported that the applicants would like to have electrical service to an existing building to be used occasionally as a weekend getaway.  He noted that the closest definition in our ordinance for this situation is 2-17 “Camp, summer: A tract of land used or designated to be used for seasonal accommodation of individuals in tents or similar rustic structures and for use by such individuals for sports, handcrafts and other outdoor-oriented activities and recreation.”  Mr. Boger also reported that the Health Department could not locate a suitable area on the property for a septic system but has issued a permit to construct a privy on the property with the condition that any wastewater generated by the use of the cabin be disposed of in the privy pit.

 

Ms. Hunt asked how the county would know if the building turned into a year-round residence.  Mr. Boger said that typically, the county does not know unless someone complains.  Ms. Russell said that if the application were approved as a recreational summer camp, it would permit a summer camp.  Mr. Boger said that the county could put any conditions on the permit that it chose.  Ms. Russell said that the zoning ordinance requires that the structure have water, septic and meet building code requirements.  Mr. Boger agreed.

 

Ms. Robertson said that she and her husband bought the land three years ago with the intention of having a weekend getaway.  She said that their primary home is, and will remain, in Stuarts Draft and that they have no intention of moving into this building.

 

During Public Comment, Mr. Billy Zirkle (North Fork Road) said that he had no problem with the applicant’s plan but would object to a summer camp.

 

Ms. Russell said that, in her work on the Board of Zoning Appeals, there are more problems with structures becoming residences and that the more rural the area, the more chance the county will not know about it.  She said that she would not support the addition of electric without bringing the building to code with water and septic.  Ms. Proulx said that she has no problem with the cabin but does have a problem with the use of “summer camp” as the definition was intended for something else.  She said that she has always had a hard time with trying to fit uses into the wrong categories.  Ms. Russell suggested amending the ordinance to allow and define a seasonal dwelling.  Mr. Tapager agreed, saying that he would rather have an ordinance that tracks these dwellings than driving people underground.  Ms. Russell said that the Commission could explore an amendment to the ordinance with a Conditional Use Permit that allows a dwelling that does not meet the stringent standards for a year-round house.  Commissioners voted 4-0 to postpone a decision until their next meeting in order to pursue alternative courses of action, including an amendment to the zoning ordinance.  Commissioners directed staff to draft an amendment for their review.

 

PRELIMINARY MASTER PLAN/VIRGINIA DISTILLERY – Mr. Jim Taggart, Professional Engineer, representing Virginia Distillery presented a preliminary plan for the distillery planned for Eades Hollow in Lovingston.  He noted a phased construction plan and reviewed the proposed placement of buildings, parking areas and infrastructure.  Commissioners reviewed the plans, asked questions and made comments for review prior to submission of actual site plans.

 

PROPOSED ZONING ORDINANCE AMENDMENT/DEFINITIONS – Commissioners voted 4-0 to adopt a resolution of intent to review and amend Article 2, Section 2-92-1 to add the definition of wood yard as follows:  “Wood yard: A parcel of land, or portion thereof, used for the commercial storing and marketing of logs.”  Commissioners directed staff to advertise the proposed amendment for public hearing.

 

PROPOSED ZONING/SUBDIVISION ORDINANCE AMENDMENTS – Commissioners agreed by consensus to hold a work session on Wednesday, January 7th at 7:30pm at the Courthouse to review proposed amendments to “Division Rights and Area Regulations”; Small Wind Energy; Communication Tower Ordinance; Rustic Cabins; and a discussion of the Commission time limits/time frames imposed by the county and state codes and ordinances.

 

COMP PLAN REVIEW – Ms. Proulx asked Mr. Boger about the status of the updates to the data required for the Comp Plan review.  Mr. Boger said that he is working on the data and hopes to have the work completed in January. 

 

Meeting adjourned.