Mr. Heavener read the request and confirmed with staff that the hearing
had been properly advertised. He then opened the public hearing.
Ms. Candra Cupp Harris, agent and resident of the manufactured home,
stated there was a need for more space in their existing home, especially
since her family had grown. They had built an addition in 1994, but have
used that space entirely. There was also a concern with possibly needing
to move older members of their family in with them, should they need assistance.
They decided to try and place to manufactured homes together to gain the
space needed. When she checked on this a few months ago, it was allowed;
but the ordinance changed while they were looking for a home that they
would be able to attach to the existing unit. She stated they had researched
the possibility of a stick built addition, but it would not be affordable
and would exceed the value of the property when completed. She spoke with
all neighbors and they did not have a problem with the project. She presented
two revised drawings of the home with the attachment and noted they were
still bidding for contractors. A surveyor would be hired to adjust the
lot lines of the two properties so setbacks would be met and the health
department would be contacted, so they could expand the septic system.
Mr. Harris stated they were in need of space for their large family and
asked the variance be granted.
There being no further comments the public hearing was closed.
Mr. Sandy explained the project could be done; however, certain restrictions
had to be met. All bedrooms must have an emergency exit, the structure
must be placed on permanent foundation, the electric wiring must fit together
and have one main disconnect for all, and plans must be approved by the
building official.
Mr. Heavener confirmed with Ms. Harris that all these items had be taken
into consideration and would be addressed.
On motion by John Surface, seconded by Michael Reilly and carried
by a vote of 4-0 (Doug Eckel, absent), the Montgomery County Board of
Zoning Appeals approved the request for variance to allow the attachment
of two manufactured homes in Agriculture (A-1) with the following conditions:
1.) Plans will be submitted to the Building Official for approval.
2.) The property lines will be adjusted or vacated to allow all necessary
setbacks to be met.
3.) The additional manufactured home will be placed on a permanent
foundation.
4.) Approval from the Health Department must be obtained prior to
issuance of a building permit for the addition.
The Property is identified as Tax Parcel Nos. 105-10-1 & 2 (Account
ID # 023214 & 023215), 3054 Seven Mile Tree Road in the Riner Magisterial
District
Mr. Heavener read the request and confirmed with staff the hearing had
been properly advertised.
Mr. Sandy presented pictures of the site and stated a manufactured home
had been on the property for years; however, they now wished to replace
it and the property was in the floodway. As far as he knew, the property
had not flooded within the last thirty (30) years. He stated that in his
opinion, based on the information he had received, the base flood elevation
was incorrect. There were two (2) options:
1- Ask FEMA to change their map
2- Obtain variance to allow home in the floodway and raise the home to
1416 elevation.
He stated several factors needed to be considered, but this request did
not appear to have a problem meeting the requirements.
Mr. Heavener opened the public hearing.
Mr. David Bandy, agent, stated the property was developed for a single
space manufactured home rental unit. He and his mother, Vida Bandy has
decided to sell the property because they live in Tennessee. The property
had been under contract in May; however, the contract owners could not
resolve the floodway issue. He would like the variance to allow for the
replacement of the single-wide, so the property could be sold as a lot
for a singlewide home.
Mr. Randy Gardner, McNeil Realty stated he had represented Mr. Bandy
on many occasions and now was requesting a variance to allow this property
to be sold. He stated the owners would be willing to elevate the manufactured
home.
Mr. Danny Simpkins, adjoining owner, stated he was opposed to the request.
He stated the water has come across the road and gravel has filled the
yard. He expressed concerns regarding the septic on site and a singlewide
decreasing the value of his property.
There being no further comments the public hearing was closed.
Mr. Sandy explained the Health Department will have to look at the site
before another home is placed on the property.
Mr. Heavener confirmed with Mr. Gardner and Mr. Bandy, that if conditions
were placed on the approval, they would be transferred and disclosed to
the new owners.
On motion by Richard Barnett, seconded by John Surface and carried
by a vote of 4-0 (Doug Eckel, absent), the Montgomery County Board of
Zoning Appeals approved the request for variance to, to allow the replacement
of a manufactured home in a designated floodway district with the following
conditions:
1.) The manufactured home will be placed four (4) feet above the existing
grade to elevation of 1416 feet. An elevation certificate prepared by
a licensed surveyor or engineer must be submitted to the Zoning Administrator.
2.) The home will be anchored on a permanent floodplain foundation
designed by a professional engineer licensed in Virginia and will satisfy
all code requirements.
3.) The Health Department will approve use of the existing septic
prior to issuance of a building permit.
4.) Flood insurance will be acquired and maintained for the home.
5.) The owner be advised that the issuance of a variance to construct
a structure below the one hundred year flood elevation increases the risks
to life and property and will result in increased premium rates for flood
insurance.
The property is identified as Tax Parcel No. 97-A-40 (Account ID #
001223), 2583 Mt. Pleasant Road in the Shawsville Magisterial District.
On a motion by Richard Barnett, seconded by Michael Reilly and carried
on a 4-0 vote (Doug Eckel, absent), it was agreed that the By-Laws would
be amended to reflect changing the meeting date from the first Wednesday
to the first Tuesday of the month.
Mr. Sandy reported two (2) alternates, Rick DiSalvo and Dylan Jenkins
had been appointed to the Board of Zoning Appeals and they would be invited
to sit in on the next meeting.
There being no further business, the meeting was adjourned at 8:35 p.m.
This is to certify that the foregoing is a true and exact copy of the minutes
of the meeting of September 5, 2001.
