[00:00:02]
I'M GONNA CALL THIS[1. CALL TO ORDER]
TO ORDER.MR. BOSTIC, MR. YEAGER AND MS. SHEET HERE.
[3. APPROVAL OF AGENDA]
WE HAVE THE AGENDA IN FRONT OF US.DO WE NEED ANY ADDITIONS OR CORRECTIONS TO THE AGENDA? STAFF HAS NO AMENDMENTS TO THE AGENDA.
WE, UH, TAKE THE AGENDA AS IS.
[4. APPROVAL OF MINUTES]
WE ALSO HAVE IN FRONT OF US, UM, THE MINUTES FROM OUR JANUARY 15TH ORGANIZATIONAL MEETING.DO WE HAVE ANY CORRECTIONS? MADAM CHAIRMAN, I MAKE A MOTION.
AND MS. SHEETS A AND MS. SHEETS? AYE.
CITIZEN COMMENT, DID ANYONE SIGN UP TO SPEAK? NO MA'AM.
SINCE THERE ARE NO ONE TO SIGN UP, I'LL ALSO CLOSE THE MEETING AND
[6. PUBLIC HEARING CASE V-25-1]
WE HAVE A PUBLIC HEARING.WE HAVE A CASE IN FRONT OF US.
GOOD EVENING, MADAM CHAIR BOARD MEMBERS, I'M HERE TO PRESENT VARIANCE FEE DASH 25 DASH ONE.
UH, THE APPLICANTS ARE SEEKING A VARIANCE FROM THE FRONT SETBACK REQUIREMENT OF THE R ONE DISTRICT IN ORDER TO CONSTRUCT A SINGLE FAMILY DWELLING ON 2 2 1 8 1 JORDAN HEIGHTS DRIVE TAX MAP PARCEL 30 3D DASH ONE DASH 33.
I WOULD LIKE TO FIRST ADD THERE IS AN ACTIVE BUILDING PERMIT TECH TO CONSTRUCT A SINGLE FAMILY DWELLING THAT WAS APPROVED AND MEETS ALL APPLICABLE ZONING REQUIREMENTS.
THE SUBJECT PROPERTY IS 0.46 ACRES.
THE R ONE DISTRICT REQUIRES A MINIMUM FRONT SETBACK OF 65 FEET FROM THE CENTER LINE OF JORDAN HEIGHTS DRIVE.
HOWEVER, THE LAKE JORDAN SUBDIVISION WAS SUBDIVIDED UNDER PREVIOUS GUIDELINES OF THE DENWITTY COUNTY ZONING ORDINANCE THAT WAS AMENDED IN 2008.
UNDER THOSE, UNDER THE PREVIOUS ORDINANCE THAT THE LAKE JORDAN SUBDIVISION WAS SUB WAS DESIGNED FROM THE FRONT SETBACK REQUIREMENT WAS 35 FEET FROM THE FRONT PROPERTY LINE.
SINCE LAKE JORDAN WAS DESIGNED UNDER THAT PREVIOUS ORDINANCE, THE FRONT SETBACK REQUIREMENT OF 35 FEET IS GRANDFATHERED ON THIS PROPERTY.
AND ATTACHED SURVEY SHOWS THAT 35 FOOT SETBACK DUE TO THE TOPOGRAPHY OF THE SUBJECT PROPERTY AND AN EXISTING 16 FOOT SEWER EASEMENT.
THE APPLICANT IS REQUESTING TO REDUCE THE MINIMUM FRONT SETBACK BY 15 FEET TO 20 FEET FROM 35 FEET.
THE TOPOGRAPHY FROM THE FRONT TO THE REAR OF THE PROPERTY DROPS ABOUT 30 FEET WITH APPROXIMATELY 20 FEET OF THAT ELEVATION CHANGE BEING LOCATED WHERE THE SEWER EASEMENT STARTS.
THE BUILDABLE AREA OF THE LOT HAS AN APPROXIMATELY 10 FOOT OF ELEVATION CHANGE FROM FRONT TO BACK.
A SURVEY ATTACHED FROM 2024 DESCRIBES THE ALLOWABLE BUILDING AREA THAT MEETS ALL APPLICABLE ZONING SETBACKS AS APPROXIMATELY 4488.49 SQUARE FEET OR APPROXIMATELY 0.103 ACRES.
ADDITIONALLY, STAFF CONSULTED WITH THE DENWITTY COUNTY BUILDING OFFICIAL WHO STATED THAT MULTIPLE HOMES ON JORDAN HEIGHTS DRIVE WERE CONSTRUCTED WITH ENGINEERED FOOTINGS TO COUNTERACT THE ELEVATION CHANGE.
STRICT APPLICATION OF THE ORDINANCE OR REQUIRING THE DWELLING TO COMPLY WITH THE GRANDFATHERED MINIMUM SETBACK OF 35 FEET WOULD NOT PREVENT A DWELLING FROM BEING CONSTRUCTED OR RESTRICT UTILIZATION OF THE PROPERTY.
[00:05:01]
THE TOPOGRAPHY OF THE PROPERTY AND THE SEWER EASEMENT IS NOT A PHYSICAL HARDSHIP THAT PREVENTS A DWELLING FROM BEING CONSTRUCTED OR RESTRICT THE UTILIZATION OF THE PROPERTY.STAFF RECOMMENDS DENIAL OF THE VARIANCE OF 15 FEET FROM THE FRONT SETBACK REQUIREMENT FOR A PROPOSED SINGLE FAMILY DWELLING DUE TO THE TOPOGRAPHY OF THE PROPERTY NOT RESTRICTING DEVELOPMENT.
THE EXISTING SEWER EASEMENT, NOT RESTRICTING DEVELOPMENT IN THE PLAT SHOWING THE APPROXIMAL BUILDING AREA OF 4488.49 SQUARE FEET APPROXIMATELY SECTION 15.2 DASH 2 3 0 9 OF THE CODE OF VIRGINIA STATES THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL OR SPECIAL, A VARIANCE SHALL BE GRANTED IF THE EVIDENCE SHOWN THAT THE STRICT APPLICATION OR OF THE TERMS OF THE ORDINANCE WOULD UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY OR THAT GRANTING OF THIS VARIANCE WOULD ALLEVIATE A HARDSHIP DUE TO PHYSICAL CONDITION RELATING TO THE PROPERTY OR IMPROVEMENTS THEREON AT THE TIME OF THE EFFECTIVE DATE OF THE ORDINANCE.
AND ONE, THE PROPERTY, THE PROPERTY INTEREST FOR WHICH THE VARIANCE IS BEING REQUESTED WAS ACQUIRED IN GOOD FAITH IN ANY HARDSHIP WAS NOT CREATED BY THE APPLICANT OF THE VARIANCE.
THE APPLICANT DID NOT CREATE THE HARDSHIP AS THE TOPOGRAPHY ON THE REAR OF THE PROPERTY IS NATURALLY OCCURRING AND THE SEWER EASEMENT WAS IN PLACE BEFORE THE PROPERTY WAS PURCHASED.
TWO, THE GRANTING OF THE VARIANCE WILL NOT BE SUBSTANTIALLY DETRIMENTAL TO ADJACENT PROPERTY AND NEARBY PROPERTIES IN THE PROXIMITY OF THE GEOGRAPHICAL AREA.
THERE IS NO INDICATION THAT THE GRANTING OF THIS VARIANCE WILL BE ANY DETRIMENT TO THE ADJACENT PROPERTY OWNERS.
THE PROPOSED DWELLING WILL STILL HAVE TO COMPLY WITH THE MINIMUM SIDE YARD SETBACK OF 15 FEET WITH THE TOTAL, WITH THE TWO SIDE YARDS BEING 35 AND THE REAR YARD SETBACK OF 35 FEET RESPECTIVELY.
THE CONDITION OR SITUATION OF THE PROPERTY CONCERNED IS NOT SO, NOT OF SO GENERAL OR REOCCURRING OF NATURE AS TO MAKE REASONABLE PRACTICAL THAT THE FORMULATION OF A GENERAL REGULATION TO BE ADOPTED AS AN AMENDMENT TO THE ORDINANCE, THE TOPOGRAPHY OF THE SUBJECT PROPERTY AND THE EXISTING SEWER EASEMENT IS GENERALLY SHARED AND REOCCURRING WITH PROPERTIES ALONG JORDAN HEIGHTS DRIVE ADJACENT AND NEIGHBORING PROPERTY OWNERS WERE ABLE TO DEVELOP IN COMPLIANCE WITH THE ZONING ORDINANCE.
WITH THESE FEATURES PRESENT, FOUR, THE GRANTING OF THE VARIANCE DOES NOT RESULT IN A USE THAT IS NOT OTHERWISE PERMITTED ON SUCH PROPERTY OR CHANGE THE ZONING CLASSIFICATION OF THE PROPERTY.
GRANTING OF THIS VARIANCE WILL NOT RESULT IN A USE THAT IS NOT PERMITTED NOR CHANGE THE R ONE ZONING CLASSIFICATION OF THE PROPERTY.
AND LASTLY, FIVE, THE RELIEF OR REMEDY SOUGHT BY THE VARIANCE APPLICATION IS NOT AVAILABLE THROUGH A SPECIAL EXCEPTION PROCESS THAT IS AUTHORIZED IN THIS ORDINANCE PURSUANT TO SUBDIVISION SIX OF, OF SECTION 15.22309 OR THE PROCESS OF MODIFICATION MODIF MODIFICATION OF A ZONING ORDINANCE PURSUANT TO SUBDIVISION A FOUR OF SECTION 15.22286 AT THE TIME OF THE, UH, FILING OF THE VARIANCE APPLICATION RELIEF IS NOT AVAILABLE BY SPECIAL EXCEPTION PROCESS AND A MODIFICATION OF THE ORDINANCE IS NOT IN PROGRESS AT THIS TIME.
THAT IS ALL I HAVE AND I'D BE WILLING TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE.
ALRIGHT, I HAVE SOME QUESTIONS.
SO YOU'RE SAYING THAT UM, THE SETBACK ON THIS LOT IS 50 FOOT FROM THE CENTER LINE OF THE ROAD AND IT'S 35 FEET TO THE PROPERTY LINE IN THE FRONT.
SO THE WAY THE, THAT IS, THE WAY THE ORDINANCE IS CURRENTLY WRITTEN, IT IS 65 FEET FROM THE CENTER LINE OF THE ROAD TO THE FRONT.
IS THE FRONT SETBACK 65 FEET FROM THE CENTER LINE AS THE CURRENT ORDINANCE IS WRITTEN? YES.
HOWEVER, WHEN LAKE JORDAN WAS DEVELOPED IN, I BELIEVE 2005 OR 2006 YEAH, THAT PREVIOUS ZONING ORDINANCE ALLOWED A 35 FOOT SETBACK.
SO THAT SUBDIVISION WAS DESIGNED UNDER THOSE GUIDELINES AND PLATTED UNDER THOSE GUIDELINES.
SO ALL HOUSES BUILT IN THE LAKE JORDAN SUBDIVISION ARE ABLE TO BUILD A HOUSE 35 FEET FROM THE FRONT PROPERTY LINE.
ALRIGHT, MY QUESTIONS ARE, UM, I, I MEANT TO GO OUT THERE AND LOOK AT THE LOT.
UM, DO YOU HAVE ANY IDEA HOW LONG MS. FIELDS HAS HAD THIS LAND LOT? I BELIEVE IT'S NOT BEEN VERY LONG.
[00:10:01]
A NON-CONFORMING LOT WHEN SHE BOUGHT IT? NO SIR.WELL, YOU COULDN'T BUILD ON IT WITHOUT SETBACKS OR IN OTHER WORDS, YOU COULD HAVE BUILT A SMALLER HOUSE.
IS THAT GOING TO FALL INTO THAT? IF, IF SHE BUILD A SMALLER HOUSE, IS THAT GOING TO COMPLY WITH THE ORDINANCE OUT THERE IN THAT SUBDIVISION? THERE IS A, UM, WE GOTTA HAVE 2,500 OR 3000 SQUARE FEET OR SOMETHING.
ALVIN, DO YOU MIND PULLING UP THE, UM, PLAT THE, THE SURVEY FROM 2024? THANKS.
THERE WAS A SURVEY DONE IN 2024.
UH, THE OTHER, NOW IT IS A, A WET LOT, RIGHT? UH, NO SIR.
THE TOPOGRAPHY SLOPES DOWN TOWARDS LAKE JORDAN.
UM, AS YOU CAN SEE UP THERE, THERE IS A SEWER EASEMENT THAT RUNS THROUGH THE MIDDLE OF THE PROPERTY.
UM, AND PRETTY MUCH EVERYTHING FROM WHERE THAT SEWER EASEMENT STARTS BACK IS PRETTY MUCH UNBUILDABLE DUE TO IT'S DROP.
UM, THIS SURVEYOR ON THIS, UH, SURVEY DREW IN THE 35 FRONT, UH, 35 FOOT FRONT YARD SETBACK AS WELL AS TOOK INTO ACCOUNT THE SIDE YARD SETBACKS ON EACH SIDE.
AND WHEN ME AND MR. BASSETT MEASURED THAT AREA, IT ROUGHLY CAME OUT TO ABOUT, LEMME GET MY STAFF REPORT BACK OUT.
WE'RE LOOKING AT LOT 33, CORRECT? MM-HMM
AND, AND THAT AREA, THAT SQUARE AREA, NOT THE ONE THAT'S DRAWN, DRAWN IN, BUT THE ONE THAT THE SURVEYOR, UM, DREW, IT COMES OUT TO ROUGHLY 4488.89 SQUARE FEET OF AREA THAT'S BUILDABLE WITHIN THE BUILDING SETBACKS AND OUTSIDE OF THE SEWER EASEMENT.
ALRIGHT, WELL IF THIS IS A DRY LOT NOW, NOT A WET LOT.
AND UH, I COME, CAN I COME TO CA UH, THE HOUSE CAN'T BE LOCATED ON THE LOT.
WHAT? WHY HAS SHE, WHY DO WE HAVE TO, WHY DOES SHE NEED A, A SETBACK? BECAUSE OF THE TOW POLE OF THE LAND.
UM, HER REQUEST IS DUE TO THE TOPOGRAPHY OF THE LAND AND THE EXISTENCE OF THAT SEWER EASEMENT.
BUT IT COULD BE BUILT AS IS CORRECT.
BASED ON THIS SURVEY, UM, THAT WAS PROVIDED TO US, UM, THAT THAT BUILDABLE AREA, UM, LIKE I SAID, COMES OUT TO ROUGHLY.
ALRIGHT, LET ME ASK YOU THIS QUESTION.
IF SHE WAS DENIED TONIGHT MM-HMM
SHE COULD STILL GO OUT THERE AND BUILD A HOUSE.
SHE CURRENTLY HAS A BUILDING PERMIT THAT WAS APPROVED BY BOTH MYSELF AND THE BUILDING OFFICIAL OF DENWITTY COUNTY TO BUILD A HOUSE THAT MET ALL ZONING SETBACKS, CORRECT? WELL, SHE JUST WANTS TO MOVE THE HOUSE FORWARD TO GET AWAY FROM THE SLOPE ON THE BACK TO GIVE HER A LITTLE BACKYARD.
IS THAT IT? THE, THE SLOPE AND THE SEWER EASEMENT? CORRECT.
IT IS A 35 FOOT SETBACK MM-HMM
AND SHE WANTS IT DOWN TO WHO WHAT? 20 20, 20 15 FEET.
HOW DOES THAT LINE UP WITH THE OTHER HOUSES UP THERE? UM, ALL OF THE OTHER HOUSES IN LAKE JORDAN WERE BUILT WITHIN THE ZONING ORDINANCE REGULATIONS.
YOU ALL WOULD BE THE ONLY BOARD THAT COULD APPROVE A, A BUILDING OUTSIDE OF THE BUILDING SETBACK LINES.
AND WE DON'T HAVE ANY RECORDS OF ANY.
ARE THE OTHER HOUSES AROUND THIS PARTICULAR PARCEL? UH, YES SIR.
THEY'RE HOUSED MULTIPLE HOUSES ON, UH, JORDAN HEIGHTS DRIVE.
I BELIEVE THERE'S ONLY ONE LOT THAT MIGHT NOT BE DEVELOPED CURRENTLY.
WHAT WE ARE LOOKING HERE, THAT'S A PLA OF THAT PARTICULAR LOT.
AND WHERE IT IS GOT LOT 33, THAT IS WHERE THE PROPOSED BUILDING SITE IS, CORRECT? YES.
IN ORDER TO HAVE IT THERE, THEN SHE HAS TO HAVE THE VARIANCES.
NO, WHAT THAT IS SHOWING RIGHT THERE IS WHAT WAS ORIGINALLY SUBMITTED TO OUR OFFICE WITH THE ORIGINAL BUILDING PERMIT SHOWING THAT THE BUILDING WAS GOING TO GO WITHIN ALL OF THE SETBACK LINES AND WAS NOT INTRUDING INTO THE SEWER.
WHEN ALVIN, CAN YOU SCROLL DOWN? NO.
WELL, I'M SEEING, SO WE GOT 75, WHO'S MOVING THAT SCREEN? THIS, THIS WAS WHAT WAS RESUBMITTED TO US WITH THE VARIANCE CASE SHOWING A 20 FOOT, UM, FRONT SETBACK CLOSER TO THE ROAD.
WELL, NOBODY SHOWED UP TONIGHT OPPOSING
[00:15:01]
IT, HADN'T HEARD FROM ANYBODY, HAVE YOU? NO, SIR, WE HAVE NOT.I HAVEN'T HEARD A GOOD EXPLANATION FOR WHY THEY WANT A WARRANT.
IF, IF Y'ALL ARE HAVE ANY MORE QUESTIONS FOR ME, YOU COULD ASK THE APPLICANT TO COME FORWARD AND SPEAK.
PLEASE FOR THE RECORD, CAN YOU JUST GIVE YOUR NAME AND ADDRESS? YES.
UM, CURRENTLY MY ADDRESS IS 60 12 RESTING WAY LANE, NORTH CHESTERFIELD, VIRGINIA, 2 3 2 3 4.
AND I'M THE OWNER OF THE PROPERTY AT 2 2 1 8 1 JORDAN HEIGHTS DRIVE.
AND I APPRECIATE THE TIME THAT YOU ALL ARE SPENDING TO HEAR THIS OUT.
MS. FIELDS, COULD YOU SPEAK UP A LITTLE BIT? I'M ABOUT HALF DEAF.
I HOPE AND, UH, HOPE THIS, IF THIS IS OKAY, I LIKE TO HEAR EVERYTHING YOU ARE SAYING AND I APPRECIATE THAT.
SO HOPEFULLY THIS WILL BE A LITTLE BIT LOUDER.
SO I WOULD LIKE TO ANSWER ANY QUESTIONS THAT I, THAT I CAN.
ALRIGHT, WELL MY MAIN QUESTION IS, AND I'M SITTING HERE THINKING MM-HMM
HOW LONG HAVE YOU OWNED THE LOT? UM, JUST OVER, WAS IT TWO MAY OF 24? SO ABOUT A LITTLE MAY.
NOW YOU BOUGHT IT IN MAY OF 24.
DID YOU KNOW AT THAT TIME YOU WERE GONNA HAVE A PROBLEM IN YOUR BUILDING SITE OTHER THAN AT THE TIME IT WAS THE, THE SLOPE OF THE LAND THAT, THAT WOULD BE, UM, POSSIBLY PROBLEMATIC.
UM, HOWEVER, I WAS, UM, WITH TALKING TO VARIOUS CONTRACTORS, THERE WAS WAYS TO DO TO, UM, REINFORCE THE BACK END OF THE HOUSE.
SO THAT WOULD NOT BE IN TOO MUCH OF AN ISSUE.
UM, HOWEVER, NOW DID YOU BUY THIS LOT FROM THE DEVELOPMENT THAT DEVELOP DEVELOPERS OUT THERE? YES.
UM, I BELIEVE IT WAS THROUGH MAIN STREET HOMES.
WELL, WHY WOULD THEY BE SELLING YOU A LOT WHEN THEY COULD HAVE PUT A HOUSE ON OF THEIR OWN? SEE I'M THINKING THIS WAY.
ALRIGHT, SO I'M THINKING MM-HMM
THEY KNOW IT'S A NON-CONFORMING LOT.
THEY GOTTA GO THROUGH ALL THESE HOOPS AND HURDLES TO JUMP TO GET A HOUSE BUILT THE SIZE THAT THEY WANT.
SO THEY SOLD YOU THE LOT NOW THAT'S WHAT I'M THINKING.
UH, YOU PROBABLY DIDN'T GET A REDUCED PRICE OF THE VALUE OF THE LOT BECAUSE OF THIS.
DID YOU EVER CHECK INTO THE VALUES OF IT, OF THE LOTS THAT WHAT THEY WERE SELLING FOR WHEN YOU PURCHASED IT? NOT, NOT THAT FOR THAT STANDPOINT THAT I DID LOOK AT THE VALUE OF THE LOT CURRENTLY AT THE TIME THAT I WAS PURCHASING IT.
BUT AT THE TIME THERE WASN'T MANY, UM, HOMES, MANY LOTS AVAILABLE THAT WAS FOR SALE WITH THAT, UM, IN THE NEIGHBORHOOD WITH THE AMENITIES AND EVERYTHING ELSE TO KIND OF GIVE YOU A, A KIND OF A GUIDELINE.
YOU, YOU SEE WHAT I'M THINKING ABOUT? YES SIR.
YOU BOUGHT THIS LOT SHEET UNDER VALUE FROM MAIN STREET HOMES, MAN, THEY IN THE BUSINESS TO BUILD HOUSES.
THEY LOOK, THEY AIN'T GIVING NO LOTS AWAY, BUT THEY DIDN'T WANT TO FOOL WITH IT.
NOW WE HAVE THIS PROBLEM OF I UNDERSTAND.
CAN YOU REDUCE THE SIZE OF YOUR HOUSE SO YOU CAN UH, IF PUT IT ON THE LOT THE WAY IT IS, IF IT'S POSSIBLE.
WE DID, UM, PICTURE OF WHAT THEY CALLED LOT SURVEYOR.
I WASN'T UNABLE TO PRINT IT OUT BECAUSE OF THE DARK BACKGROUND, BUT IF I CAN COME FORWARD I CAN SHOW YOU.
SO WHAT THE YELLOW IS THAT IS THE HOUSE, THAT'S THE HOUSE THAT YOU WANT TO PUT AND YOU ARE LOOKING FOR VARIANCES UP HERE.
SO WE CAN MOVE THIS PIECE SO THAT IT'S ALL WITHIN THAT AREA THERE.
IT DOESN'T AFFECT THE NEIGHBORS ON EITHER SIDE.
THERE'S NO, THERE'S A FIELD IN FRONT, UM, MR. TURNER'S FARM OKAY.
UM, BECAUSE I PLAN ON, I WANT TO BE A GOOD NEIGHBOR, SO I DON'T WANT TO BE IMPACTING ANYBODY ELSE.
AND SO YOU GOTTA PAY ALL THEM HIGH TAXES AND EVERYTHING
SO AND THERE'S NO OTHER WAY OF KIND SHOW IT TO THE CHAIRMAN SURE.
[00:20:01]
THERE YOU GO.SO YOU'RE JUST LOOKING AT THAT, THAT CORNER THERE, YOU'RE TRYING TO SHIFT UP AND THAT'S THE LINE, THAT'S THE 35 FEET OR THE 20 FEET? THIS IS THAT LINE? NO, THE SEWER WITH THE DOTTED LINE.
THAT'S THE SO THAT'S THE BACK OF HOUSE.
AND THIS IS THE BACK OF THE HOUSE AND THIS IS GOING TOWARD THE ROAD.
SO WE WERE ABLE JUST TO MOVE IT UP A LITTLE BIT, THEN THE HOUSE WOULD BE SITTING IN THAT AREA AND THAT WE WOULD NOT HAVE AN ISSUE WITH THE SEWER OR POTENTIAL ISSUES WITH THE SEWER HONOR.
WELL THEY'RE SAYING THE HOUSE COULD BE BUILT, WELL NOT BY NOT GIVING THE SETBACK, BUT THE HEIGHT WOULD BE OVER TOP OF THE SEWER LINE.
IS THAT WHAT YOU'RE SAYING? YES.
WHERE, WHERE THIS IS IT IS MM-HMM
THAT THAT BACK PIECE IS, THAT'S THE SEWER LINE AND THAT'S, SO YOU WANNA MOVE IT OFF OF THE SEWER LINE.
OFF THE SEWER LINE AND THAT WOULD SAVE CONSTRUCTION COST ALSO.
IT'S GONNA COST MORE MONEY TO, TO BUILD A FOOTING AROUND THAT SEWER LINE AND ALL.
THEY KNEW ALL ABOUT THIS WAY BEFORE YOU GOT IT.
WELL, AND, AND I GUESS THAT WAS DEALING TO THE WRONG PART.
SO THE PERSON THAT THE NAME CAME UP, BUT NOT THAT THEY WERE AFFILIATED WITH MAINSTREAM HOMES AFTER WE HAD GOTTEN INTO, UH, WHAT DO YOU CALL IT? THE CONTRACT THAT I DIDN'T KNOW THAT THAT WAS REPRESENTED BY, UM, BUT I DIDN'T KNOW IT WAS THE DEVELOPER.
WHAT CAN YOU DO WITH THAT LOT THE WAY IT IS? YOU CAN'T BUILD A, A DIFFERENT HOUSE.
THEY SAID THEY, THEY, THEY RECOMMENDED NOT TO PASS IT, THAT IT COULD BE BUILT, BUT IT'S, YEAH.
IT'S, WELL SEE THAT'S, THAT'S WHAT I'M THINKING, YOU KNOW.
THEY SAY IT CAN BE, BUT HER ISSUE IS, UH, SEWER'S GOING TO BE OVER TOP OF SEWER LINE.
AND THAT'S GOING TO BE MORE EXPENSIVE I GUESS.
IS THAT RIGHT? AND I WAS THINKING AIN'T GONNA BE NO MORE EXPENSE TO MOVE THE SIDE OF THE HOUSE, BUT FRONT BACK, WHATEVER.
I THINK NOT UNLESS YOU IT IS BE OBSTRUCTED BY THE SEWER LINE.
OF COURSE YOU CAN'T, YOU MAY HAVE TO BE SO MANY FEET FROM THAT.
THAT'S WHAT WE WERE AND THAT'S I GUESS MY CONFUSION WAS THAT BEING THAT YOU GOT THE SEWER LINE YOU RUNNING THERE THAT I CAN'T BUILD OVER TOP OF IT.
SO IF WE WERE, THAT MEANS I WOULD HAVE TO CUT OFF OR WE'VE ALREADY HAVE THE PLANS WE'VE ALREADY GONE THROUGH.
UM, THIS IS A TWO STORY HOUSE.
IT'S A ONE STORY AT THE BASEMENT.
I'M TRYING TO MOVE MY PARENTS IN WITH ME.
UM, SO THEY WOULD HAVE THE UPPER PART AND THEN I WOULD HAVE THE BASEMENT AREA.
UM, IT WOULD GIVE THEM PLACE SPACE.
MY FATHER USES, UH, POWER CHAIR AND ROLLATOR TO ALLOW SPACE FOR HIM TO BE ABLE TO GET AROUND 35 A WEEK.
NOW YOU'RE GETTING TO MY HEART.
YOU KNOW, LOOK, THIS IS A HEART ISSUE NOW.
AND THIS IS NEED TO GO TO SOLAR, INSTALL A BASEMENT.
AND WHY WOULD THEY PUT THE SEWER LINE IN THE BACKYARD OF THESE HOUSES THAT'S SUPPOSED TO GO DOWN THE STREET? AND THAT WAS THE, SO I DON'T KNOW THOSE SEW, I DON'T KNOW HOW DEEP THEY ARE.
THEY COULD BE 10 FEET IN THE GROUND,
YOU KNOW, THAT WORKS GOOD TO WALK RIGHT OUT.
WALK OUT WITH A SEWER LINE GOING THROUGH THERE.
AND THE HOUSE IS SUPPOSED TO HAVE BEEN A WALKOUT WITH A WALKOUT BASEMENT.
UM, SO I'M NOT, I'M NOT, I WAS HOPING TO HAD MY CONTRACTOR HERE WITH ME, BUT HE GOT CALLED AWAY.
I CAN CALL HIM ON HIS PHONE IF THERE'S ANY OTHER CONTRACTING ISSUES, BUT IF IT IS WHY I WANTED PURCHASE A LOT, OTHER THAN THE FACT THAT I LIKED THE NEIGHBORHOOD, IT WAS ABLE, THERE WAS AFFORDABLE THAT I COULD BUILD, HAVE MY PARENTS WITH ME, UM, AND GIVE ME WHERE I WANT TO BE IN THE COUNTRY.
A LITTLE BIT MORE SPACE OTHER THAN NORTH CHESTERFIELD CONGESTION.
AND, BUT DOES THAT CAUSE FOR THE SILVER LINE? I DON'T, OTHER THAN THAT THIS IS ONE SIDE OF THE HOUSE THAT WAS CUTTING OFF OF, IF YOU'RE THINKING ABOUT INSIDE OF THE HOUSE, THAT'S SUBSTANTIAL AMOUNT OF FOOT.
BUT ON THE FRONT END OF THE HOUSE, IF WE WERE TO MOVE CLOSER TO THE STREET, IT, IT'S MINIMAL COMPARED TO WHERE, 'CAUSE THE HOUSE IS IN THE BEND.
SO WHERE, HOW THE, THE ROAD AND THE LOT KIND OF CURVES.
IT'S NOT GONNA BE SO FAR OUT WHERE THE REST OF THE HOUSE IS GONNA LOOK OUT OF PLACE.
THEY WERE ALL SQUARED AND WE WERE ALL LINED
[00:25:01]
UP LIKE LITTLE SOLDIERS.THEY WOULD, YOU WOULD SEE THAT.
BUT SINCE IT'S CURVING ANYWAY, NO ONE'S LINED UP WITH ANYBODY AND I DON'T WANT A 20 FOOT FROM THE ROAD.
MATTHEW 65, WHAT ARE THESE DOTTED LINES GOING ACROSS THIS LOT? IS THAT OVERHEAD POWER OR ARE YOU REFERRING TO THE SURVEY? YES, THAT WOULD BE THE SEWER EASEMENT THAT WAS SURVEYED.
THAT IS THE SEWER EASEMENT, CORRECT? MM-HMM
WHAT WHY DOES THEY PUT IT BEHIND THE HOUSES? DON'T THEY NORMALLY GO DOWN THE ROAD? TYPICALLY THAT IS THE CASE, BUT I'M, I'M UNSURE WHY THE, THE, UH, DEVELOPERS OF LAKE JORDAN AND THE WATER AUTHORITY DECIDED TO PUT IT THERE.
UHHUH? WELL, I MEAN SHE KNEW THAT WHEN SHE BOUGHT THE LOCK, THE, UM, THE SURVEY FROM 2024, UH, 24 THAT I'VE, THAT I'VE BEEN REFERENCING.
JUST FOR CLARIFICATION, UH, IT HAS THE 35 FOOT SETBACK MARK, UH, LINE MARKED YES.
IT ALLOW, IT HAS MEASURED OUT 92.11 FEET.
UM, MATTHEW, ARE YOU, YOU, ARE YOU THE ONE, YOU SQUIRRELING THIS LITTLE ARROW HERE? YES, SIR.
NOW THIS HOUSE, THE WAY IT'S GOT SET HERE IS 35 FEET TO THE REAR OF THE PROPERTY.
IT IS FROM THE FRONT SETBACK LINE.
IT IS 68.62 FEET ON THE RIGHT HAND SIDE AND 42.15 FEET ON THE LEFT HAND SIDE ACCORDING TO THE SURVEYOR.
THAT'S, THAT WOULD BE THE DISTANCE FROM THE FRONT SET BACK LINE, FRONT SET BACK TO THE SEWER LINE, UM, ON EACH SIDE THAT IS, AND USING THAT, THE DISTANCE IN THE FRONT AND THE DISTANCE ALONG THE, THE SEWER EASEMENT IS WHERE WE CAME UP WITH THE BUILDABLE AREA THAT I MENTIONED, UH, PREVIOUSLY OF 4,489 FEET.
AND THAT WOULDN'T BE SITTING ON THE SEWER LINE, IT WOULD NOT BE SITTING ON THE SEWER LINE.
AND IT WOULD BE WITHIN THE BUILDING SETBACKS THAT ARE ALLOWED.
AND THAT'S WHY YOU, UH, RECOMMENDED DENIAL.
THIS DRAWING HERE, IS THAT 35 FEET FROM THE UH, JORDAN HEIGHTS DRIVE? YES.
AND SHE WANTS WHAT, 20 FEET? 20 FEET? CORRECT.
JUST MOVE THE HOUSE 15 FEET TO THE FRONT, CORRECT? YES.
CAN YOU
UM, MS. UM, MS. FIELDS, WE, YES.
UH, WE, WE JUST DOING, WE, WE ARE TRYING TO HELP YOU.
OH, I, I WANT YOU TO BUILD THAT HOUSE.
BUT I DON'T WANT, YOU KNOW, I DON'T WANT IT STUCK OUT IN FRONT.
WHEN YOU GO DOWN THAT STREET RIGHT THERE, HE HAS MS. FIELDS HOUSE IS SITTING WAY OUT HERE AND ALL THE REST OF 'EM ARE BACK THERE.
UH, YOU ON YOUR DECK ON THE REAR, YOU KNOW, AND THEY'RE LOOKING AT YOU OR YOU KNOW, SOMETHING LIKE THAT.
I I UNDERSTAND WHAT YOU'RE SAYING.
I, UM, I'M KIND OF CONFUSED WITH, THIS IS NOT USUALLY THIS COMPLICATED, BUT, UH, IS, IS IT POSSIBLE THAT I CAN ASK A QUESTION? YEAH, SURE.
YOU BROUGHT UP THE POSSIBILITY IF 10 FEET WOULD DO IT, ARE YOU TALKING IN THAT MIC? I'M SORRY SIR.
IF 10 FEET WOULD BE, UM, APPLICABLE IT, THAT WOULD PUT US RIGHT THERE ON THE LINE AND NOT HAVE ANY EXTRA IF THAT COULD SUFFICE AND PLEASE THE BOARD AT ALL, IF THAT'S POSSIBLE.
SO, UH, SO THAT WOULD PUT IT 25 FOOT INSTEAD OF 20.
IT'S ONLY FIVE FOOT DIFFERENCE IF YOU WANT WITH THE 10, CORRECT? CORRECT.
[00:30:01]
BUT IF I COULD DO IT WHERE IT COULD NOT IMPACT, AS I SAID, THE LOOK OF THE NEIGHBORHOOD, BUT IT CAN ALSO GIVE THE HOUSE WITHOUT HAVING TO ALTER PLANS OR CUT OFF SIDES OF THE HOUSE TO MAKE IT FIT.UM, WELL THE, THE COUNTY ADMINISTRATOR IS SAYING IT FITS WITH THE 35 FOOT SETBACK THAT IT'S NOT ON THE, UH, SEPTIC, UH, SEWER LINE, SEWER LINE ANYWAY.
SO I WISH YOUR CONTRACTOR WAS HERE TO ADD MORE TO IT.
'CAUSE WE DON'T SEE A PROBLEM.
WE DON'T SEE A PROBLEM THAT HE'S, HE'S THERE.
THE COUNTY HAS RECOMMENDED THAT WE NOT APPROVE IT BECAUSE IT WILL WORK LIKE IT IS WITH YOUR, THE APPLICATION YOU MADE.
WITH THE 35 FOOT, NOT THIS PICTURE HERE, BUT THE OTHER ONE, IT WILL CONFORM.
YOU MAY NOT HAVE AS LARGE OF A BACKYARD AS YOU LIKE, BUT THAT'S THE ONLY ISSUE THAT I SEE.
YOU'VE GOT A GOOD FRONT YARD, RIGHT.
A BIG FRONT YARD AND YOU'RE FURTHER FROM THE ROAD, WHICH IS, YOU KNOW, I DON'T KNOW IF YOU EVER HAD AN ORDINANCE WHERE YOU COULD PUT A HOUSE 20 FOOT ON THE ROAD.
I DON'T THINK IT'S EVER BEEN AN ORDINANCE.
SO, YOU KNOW, GRANDFATHERING OR, YOU KNOW, WE'D LIKE TO GIVE A VARIANCE THAT'S, YOU KNOW, IS APPLICABLE WITH WHAT'S BEEN IN THE COUNTY.
HAS IT EVER BEEN A VARIANCE THAT CLOSE A HOUSE BUILT THAT CLOSE TO THE ROAD? THAT'S, TO ME THAT'S VERY CLOSE.
I'M SURE BEFORE THE ZONING ORDINANCE WAS ADOPTED, THERE WERE PROPERTIES BUILT THAT CLOSE TO THE ROAD.
UM, THERE, I BELIEVE THERE'S ONLY ONE, UH, ZONING DISTRICT IN THE COUNTY THAT WOULD ALLOW A HOUSE THAT CLOSE TO THE ROAD AND THAT WOULD BE THE R RU ZONING DISTRICT.
AND THAT IS, UH, SPECIFICALLY FOR THE WEST PETERSBURG, UH, NEIGHBORHOOD.
UM, BUT AS FAR AS, UM, THE OTHER ZONING DISTRICTS IN THE COUNTY, UH, THE FRONT SET BACK, UM, WELL EXCEEDS 20 YARDS, UH, 20 FEET.
IS IT OKAY, DID I SHOW YOU THIS? SO MAKE SURE THAT AM I UNDERSTANDING IS CORRECT IF THAT'S POSSIBLE.
SO AS A DESCEND, THIS IS OVER THE LINE.
UM, IS THAT I I'M, I I I DON'T WANNA SOUND RUDE OR I'M JUST TRYING TO BE VERY FRANK.
UM, THIS IS A SURVEYOR, THIS IS A SURVEY BY OFFICIAL SURVEYOR.
HE HAS HIS LICENSE NUMBER ON HERE AND WHAT I'M SEEING IS 66 68 0.62 FEET FROM THE FRONT SETBACK LINE TO THE SEWER EASEMENT MM-HMM
AND 42.13 FEET FROM THE FRONT SET BACK SETBACK LINE TO THE SEWER E TO THE SEWER EASEMENT ON THE OTHER SIDE.
I SEE 92.1 FEET IN THE FRONT AND 74.27 FEET ALONG THE REAR, ALONG THE SEWER EASEMENT.
UM, THAT AREA HAS BEEN PROVIDED BY THE SURVEYOR.
UM, THAT IS AN AREA THAT WOULD BE DEEMED BUILDABLE OUTSIDE OF THE, OUT OF THE, UM, SEWER LATERAL.
UM, UNFORTUNATELY, I, I'M NOT IN A POSITION TO, UM, GRANT A VARIANCE BASED ON WHAT THE APPLICANT WANTS TO DO.
UH, I HAVE TO BASE IT ON THE, UH, LEGALITY OF THE REQUEST, UM, THAT IT'S A, UH, APPLICABLE HARDSHIP TO YOU THAT YOU ARE UNABLE TO DEVELOP THE PROPERTY.
UM, AND, AND MY STAFF REPORT IS WHAT I HAD STATED, THAT YOU WOULD BE ABLE TO DEVELOP THE, THE, UH, THE PROPERTY WITHOUT THE VARI GRANT, UH, VARIANCE BEING GRANTED.
UM, HOWEVER, IT MIGHT NOT BE THE, THE DEVELOPMENT THAT YOU WANT TO DO, UM, BUT IT IS POSSIBLE ON THIS PROPERTY.
UM, SO THAT IS WHY I RECOMMENDED DENIAL.
UM, I UNDERSTAND LAND, WHAT YOU'RE SHOWING ME.
UH, WHAT I, I HAVE TO GO OFF WHAT THIS I'M LICENSE SURVEY AND I JUST WANNA MAKE SURE THAT I'M UNDERSTANDING, I'M KIND OF GOING ALONG SAYING WHAT YOU ARE SAYING.
YOU KNOW, WHAT DO YOU THINK, TRACY? YEAH.
WE GOT, WE GOTTA HAVE A GOOD REASON YEAH.
AND I'M NOT, I'M NOT SEEING IT AS BAD AS WE'D LIKE TO, YOU KNOW? SURE.
TO, UH, GO ALONG WITH YOUR WISHES.
UM, YOU KNOW, IT'S NOT GONNA STOP YOU FROM BUILDING YOUR HEIGHTS.
I HATE IT THAT THAT SEWER LINE IS, IS IN THE BACK AND YOU CAN'T MOVE IT BACK FURTHER.
A BASEMENT IS, I WOULD CONSIDER A TWO STORE OVEN IN THE BASEMENT.
BUT I MEAN, IF IT'S UP IN FRONT OF THE SEWER LINE, LIKE HE SAYS, THE BASEMENT'S STILL POSSIBLE.
SHE CAN AS, AS FAR AS, UH, THE, THE COUNTY IS CONCERNED, UM,
[00:35:01]
AS LONG AS SHE DOES NOT ENTER THAT SEWER EASEMENT THAT SHE IS COMPLETELY FINE.UM, ADDITIONALLY, I I WILL ADD THE, THE ORIGINAL, UM, THE SURVEY THAT WAS SUBMITTED WITH HER, HER BUILDING PERMIT, UM, SHOWING IT BUILT IN THE, UH, BUILDABLE AREA THAT WAS PROVIDED BY THE SURVEYOR, UM, YOU COULD SHIFT THE HOUSE TO THE RIGHT AND UM, REALLY PUSH IT TOWARDS THAT, UH, RIGHT SIDE YARD.
UM, YOU DO HAVE 15 FEET TO PLAY WITH OKAY.
UM, THE OTHER SIDE YARD WOULD BE MORE THAN 20.
SO YOU WOULD REACH THE TH YOU WOULD MEET THE 35 FOOT, UH, REQUIREMENT AND YOU WOULD BE ABLE TO TAKE ADVANTAGE OF THAT SIDE OF THE LOT.
THAT IS, THAT IS LONGER THAN THE OTHER SIDE.
BUT YOU GOT ON THAT, SO KIND OF SIT IT KIND OF C**K.
SO INSTEAD NOT SIT THE HOUSE COCKEYED.
BUT IF YOU, IF YOU LOOK AT, IF YOU LOOK AT THIS, YES.
THAT BOX IS THE BUILDABLE AREA.
IF YOU PUSH THE HOUSE FURTHER TO THE RIGHT ALONG THAT SIDE SETBACK, YOU CAN GET CLOSEST 15 FEET.
SO YOU'RE EXTENDING HOW DEEP YOU CAN GO BACK YES.
SO YOUR HOUSE COULD BE LONGER.
ON THAT SIDE, AS LONG AS YOU STAY WITHIN 15 FEET OF THAT PROPERTY LINE BECAUSE THE ORDINANCE READS NO SIDE SHORTER THAN 15, A TOTAL OF 35.
SO YOU WOULD BE GOOD AT 15 ON THIS SIDE, MORE THAN 20 ON THE OTHER SIDE, YOU WOULD MEET THAT REQUIREMENT AND YOU WOULD BE ABLE TO TAKE ADVANTAGE OF MORE OF THE LOCK THAT GOES DEEPER BACK WHERE THE SEWER EASEMENT STARTS GOING BACK TO THE LEFT.
YOU GET OFF THE TOP OF THE SEWER EASEMENT.
THAT'S, THAT'S WHAT I WOULD RECOMMEND.
I SO THAT'S SOMETHING THAT YOU CAN WORK WITH HER ON TO GET THE, UH, GET THE SETBACKS THAT WOULD UM, YEAH, I, I WILL, UM, I WILL REPEAT.
WE, WE DO HAVE A APPROVED BUILDING PERMIT, UM, BASED ON WHAT WAS PROVIDED.
UM, SO SHE COULD BUILD WITHIN THE BUILDING SETBACK 'CAUSE IT WAS APPROVED BY BOTH THE BUILDING OFFICIAL AND IF SHE DOESN'T UNDERSTAND WHAT YOU'RE SAYING, YOU WOULD, UH, UM, IT CONTRACTOR EXPRESS THAT TO THE CONTRACTOR ABSOLUTELY.
IF HE DOESN'T UNDERSTAND THAT.
MORE THAN EXPLAIN JUST LIKE, JUST LIKE TO HIM JUST FOR HER.
YOU, YOU THEN YOU WOULD BE GOOD.
YOU MAY ACTUALLY MAY BE BETTER
BECAUSE THAT'S MORE SQUARE FOOTAGE TO WORK WITH.
THEN YOU'D BE JUST MOVING IT OVER A HUNDRED PERCENT COMPLIANCE.
AND YOU'RE NOT SO CLOSE TO THE ROAD IN, IN CASE SOMETHING HAPPENED.
YOU COULD THROW A BEER BOTTLE THROUGH YOUR FRONT WINDOW.
WELL, PEOPLE CAN COME THROUGH YOUR FRONT WINDOW TOO.
ALRIGHT, LANCE, CALL FOR THE QUESTION.
ALRIGHT, WELL THANK YOU VERY MUCH.
ALRIGHT, SO WE GOTTA MAKE A RECOMMENDATION.
WE, WE NEED TO OPEN AND CLOSE A PUBLIC HEARING.
IS THAT CORRECT? I DON'T BELIEVE IT WAS OPEN.
I WOULD LIKE TO OPEN THE PUBLIC HEARING.
THERE'S NO, AND CLOSE THE PUBLIC HEARING.
ARE WE SUPPOSED TO READ THIS IN THE FILING THAT WE FIND IT TRUE? THERE NEEDS TO BE A MOTION.
I MEAN, CAN I HAVE A MOTION? MAKE A MOTION WOULD TAKE NO ACTION.
NO YOU OR DENY IF YOU'RE NOT TAKING ACTION.
DO WHAT? MOTION TO DENY MR. C.
B DASH 25 DASH ONE HAS BEEN DENIED BY
[00:40:01]
THE BOARD OF SUPERVISORS.IF WE HAVE ANY OLD BUSINESS, ADAM CHAIR, WE HAVE NO OLD BUSINESS.
DO WE HAVE ANY NEW BUSINESS? WE DO NOT HAVE ANY NEW BUSINESS.
ANY COMMENTS FROM MY FELLOW BOARD MEMBERS WHERE HAS NEEDED
[10. ZONING ADMINISTRATOR COMMENTS]
ANY FROM THE ZONING ADMINISTRATOR OR PLANNING? JUST WANNA THANK Y'ALL FOR COMING OUT TONIGHT AND UH, LOOK FORWARD TO SEEING YOU ALL AT IN JANUARY AT OUR ORGANIZATIONAL MEETING.BE HERE BEFORE VERY, THAT'S RIGHT MADAM CHAIRMAN, MAKE A MOTION AND WE ADJOURN.