Board of Zoning Appeals

Tuesday July 9th, 2024 TO: BOARD OF ZONING APPEALS (BZA) FROM: TAMMIE CLARY, COMMUNITY DEVELOPMENT & PLANNING DIRECTOR RE: JULY MONTHLY MEETING The BZA will hold its regularly-scheduled monthly meeting on Tuesday, July 16th, 2024 at 7:30 PM at the Smithfield Center, 220 N Church St, Smithfield, VA 23430. If you have any questions or concerns, please contact Tammie Clary at 1-(757)-365-4200 or tclary@smithfieldva.gov. cc: Town Council William H. Riddick, III, Town Attorney The Smithfield Times (or) The Daily Press File  SMITHFIELD BOARD OF ZONING APPEALS (BZA) MEETING AGENDA Tuesday, July 16th, 2024, 7:30 PM 1) Pledge of Allegiance 2) 2024 Officer Elections 3) Community Development & Planning Director’s Report: 4) Upcoming Meetings and Activities Monday, July 22nd – 3:00 PM – Town Council Committee Meetings Monday, August 6th – 6:30 PM – Town Council Meeting Tuesday, August 13th – 6:30 PM – Planning Commission Meeting Tuesday, August 20th – 6:30 PM – Board of Historic & Architectural Review Meeting Tuesday, August 20th – 7:30 PM – Board of Zoning Appeals Meeting 5) Board Member Comments 6) Approval of the Tuesday, December 19th, 2023 meeting minutes (enclosed). 7) Adjournment. 8) BZA Group Photo. ***ATTENTION*** Mrs. Clary can be reached via email (tclary@smithfieldva.gov) or mail at the address below: Town of Smithfield Community Development & Planning Department ATTN Tammie Clary, Director PO Box 246 Smithfield, VA 23431 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA) Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Board of Zoning Appeals (BZA) meetings. ADA compliant hearing devices are available for use upon request. Please call 1-(757)-365-4200 at least twenty-four (24) hours prior to the meeting date so that proper arrangements may be made.  The Smithfield Board of Zoning Appeals (BZA) held its regular meeting on Tuesday, December 19th, 2023. The meeting was called to order at 7:30 p.m. Members present: Gene Monroe – Vice Chair Nick Hess Beth Haywood Members absent: Gregory Brown – Chairman Faye Seeley Staff present: William H. Riddick III - Town Attorney Mark Kluck – Planner Charles Bryan – Chairman, Planning Commission Press: 0 Citizens: 1 Vice Chair Monroe called the regular meeting to order. Community Development & Planning Director’s Report: Mark Kluck, Planner, reported that there were no additional issues to bring to the Board’s attention. Upcoming Meetings and Activities Tuesday, December 26th – 3:00 PM – Town Council Committee Meetings (Canceled) Tuesday, January 2nd – 6:30 PM – Town Council Meeting Tuesday, January 9th – 6:30 PM – Planning Commission Meeting Tuesday, January 16th – 6:30 PM – Board of Historic & Architectural Review Meeting Tuesday, January 16th – 7:30 PM – Board of Zoning Appeals Meeting Board Member Comments: Ms. Haywood inquired about adding the Pledge of Allegiance to the beginning of future BZA meetings. She thanked Tammie Clary and Mr. Kluck for sending out the information on the Virginia Commonwealth University (VCU) Certified Board of Zoning Appeals Program, adding that she had signed up and encouraged the remaining Board members to do the same as there were still 20 spaces available in the class. Vice Chair Monroe asked what the dates of the classes were. Ms. Haywood explained that there would be virtual sessions available in October with in- person sessions Thursday, June 20th and a morning only session on Friday, June 21st. She said that it looked as though there was a practicum to finish up the course in August. Mr. Kluck agreed with Ms. Haywood’s interpretation of the course schedule. Mr. Monroe stated that when he had completed the class previously it had been completely virtual, adding that it had been done during the time of Covid restrictions. He said that he would be happy to take it again. Smithfield Board of Zoning Appeals December 19th, 2023 Mr. Kluck reported that he would have Mrs. Clary resend the course information. Ms. Haywood stated that since the class was Thursday all day and the morning of the following Friday, Mrs. Clary had booked her a hotel room for Thursday as well. *Public Hearing* SPECIAL USE/YARD EXCEPTION (SYE) Application – 48 Riverside Drive, Thomas Grover, applicant. Mr. Kluck reported that the applicant was requesting a Special Use/Yard Exception under the provisions of Article 12.F.6.a to allow an encroachment of 2.2 feet into the 15-foot side yard setback for a detached garage that exceeds a height of 16 feet. He explained that the applicant intended to modify the detached garage by adding a second story, which would bring the overall height to 23’ 2 1/16”. He said that pursuant to the Smithfield Zoning Ordinance Article 2, Section P.8, when a garage exceeded sixteen feet in height, the garage must meet the primary structure’s side yard setback of the underlying zoning district on all lot lines. Mr. Kluck stated that the property was currently zoned Neighborhood Residential (N-R) and required a 15-foot side yard setback for primary structures and accessory structures over 16 feet in height. He reported that the existing garage had a 12.8-foot setback from the right-side property line, which was permitted by right as the existing garage was no taller than 16 feet. He said that Town Staff supported the application for a Special Yard Exception and recommended the BZA approve the application as presented. Thomas Grover reported that he had completed the application with the assistance of Town Staff. Vice Chair Monroe received clarification that the property was Mr. Grover’s daughter, with the plan for him and his wife to move into the garage addition. Mr. Hess asked if the construction of a second floor on the garage would be blocking anyone’s view from behind. Mr. Grover reported that the area behind the garage was mostly wooded. He added that the neighbor to the right of the house had a shed in that corner of their yard. Vice Chair Monroe pointed out that there was a neighbor to the left and confirmed that the garage and driveway were to the right of the primary structure on the property. He added that it would not affect any of the neighbors. Mr. Hess agreed, adding that the structure sets back 25 feet from the neighbor’s adjoining lot, with the fence and wooded area directly behind it. The Town Attorney pointed out that the garage was in compliance as it was currently because it did not exceed the height limit, but since they were requesting to extend the structure’s height, it now required the Special Yard Exception. Vice Chair Monroe inquired if Mr. Grover had received any complaints regarding the plan. Mr. Grover reported that his daughter had spoken with the neighbor immediately to their right and they had taken no issue with the plan. He added that a few neighbors had stopped by to ask what the public hearing signs in the yard were in regard to, but had not made any other comments. The Town Attorney pointed out that there was no one present expressing opposition to the application. Vice Chair Monroe asked if any members had additional comments. 2 Smithfield Board of Zoning Appeals December 19th, 2023 Ms. Haywood stated that she was excited for the applicant, adding that this type of housing plan fits in with the future vision for the Town. The Town Attorney gave the reminder that the public hearing needed to be opened, allow for any speakers, and then should be closed. Vice Chair Monroe opened the public hearing and inquired if there were any public speakers to speak for or against the application. Seeing and hearing none the public hearing was closed. Mr. Hess made a motion to approve the Special Yard/Use Exception (SYE/SUE) for 48 Riverside Drive as presented. Ms. Haywood seconded the motion. Vice Chair Monroe called for a collective vote; all members present were in favor, with none opposed. The motion passed. *Public Hearing* SPECIAL YARD EXCEPTION (SYE) Application – 605 Jericho Road, John and Stephanie Caggiano, applicants. Mr. Kluck reported that the applicants were requesting a Special Yard Exception (SYE) under the provisions of Article 12.F.7.a. for an encroachment into the required twenty-five-foot (25’) side yard setback (pursuant to the Smithfield Zoning Ordinance (SZO) Article 3.A.F.2.B), in accordance with SZO Article 12.F.7.d to erect a single-family dwelling on a legal nonconforming lot. He detailed that the proposed side yard setback for both sides of the dwelling would be no less than sixteen feet (16’) which would result in an encroachment of no more than nine feet (9’) into the required twenty-five foot (25’) side yard setback. He said that the encroachments would accommodate a new single-family dwelling and were constituted by portion of both sides of the proposed single-family dwelling. Mrs. Kluck reported that Town Staff supported the application for a Special Yard Exception and recommend the BZA approve this application as presented. He further explained that the lot had been in the Jericho Estates area of Town, and when the neighborhood was subdivided the lot had been left remaining. He continued that if it was on any other lot in Town, for example, in Neighborhood Residential (NR) zoning, it would meet all of the setback requirements. Vice Chair Monroe asked for clarification of what the phrase “Ibid” was on the Staff Report. Mr. Kluck reported that it was a Latin term used to show that the information was the same; in the case of the current application, the applicant is also the owners. John Caggiano of 20676 Creekside Drive in Smithfield reported that they had lived at their current location for many years and recently were looking to relocate into downtown Smithfield. He related that about a year ago they had purchased the property at 605 Jericho Road with the intent to build a new structure at the site. He continued that the lot was a bit atypical as most of the lots in that area were 2 to 3 acres. Mr. Caggiano stated that on one side of the property there was a property located within the Jericho Estates neighborhood with 3 acres, and on the other side was a home with approximately 1 acre of land. He reported that he had been in close contact with both of the neighbors during the process, and they were in support of the application. Mr. Caggiano detailed that the existing house sat 6 feet from the property line with his neighbor on Joshua Road, and their plan was to push the new structure an additional 10 feet, making the home sit 16 feet from the property line. He stated that in his conversations with his neighbor on Jericho Road he 3 Smithfield Board of Zoning Appeals December 19th, 2023 had mentioned that if they were not approved to build a new structure, they would need to add a shed to the property which could obstruct their view of the park. He added that the planned position for the new house would bring the driveway closer to the structure 16 feet away from his neighbor on Jericho Road, where it was currently situated 8 feet from the property line. Mr. Hess said that it was a good plan and it was his understanding that Mr. Caggiano had been working on it for a while. He stated that the plan to move the structure to the middle of the lot was good. Ms. Haywood agreed, adding that it would look better and centered. She related that she knew the neighbors on Jericho Road and they had been thrilled with the Caggiano’s communication during the process. Mr. Hess asked if they would be removing the current structure in its entirety or would they be utilizing the current structure’s footprint. Mr. Caggiano clarified that there was currently a demolition request to take the entire structure down. Vice Chair Monroe opened the public hearing and inquired if there were any public speakers to speak for or against the application. Seeing and hearing none the public hearing was closed. Vice Chair Monroe asked if the fence at the back of the property was on the lot or was it on the property of his neighbor at Joshua Road. Mr. Caggiano reported that the fence was erected on the property line between the two lots after they had bought the property. Vice Chair Monroe said that he liked the idea of moving the home further away from the fence. Mr. Hess made a motion to approve the Special Yard Exception (SYE) for 605 Jericho Road as presented. Ms. Haywood seconded the motion. Vice Chair Monroe called for a collective vote; all members present were in favor with none opposed. The motion passed. Approval of the Tuesday, July 18th, 2023 meeting minutes The Town Attorney recommended that the minutes be approved as presented. Mr. Hess made a motion to approve the minutes as presented. Ms. Haywood seconded the motion. Vice Chair Monroe called for a collective vote, all members present were in favor, with none opposed. The motion passed. The meeting was adjourned at 7:49 p.m. ________________________ ______________________________ Gene Monroe – Vice Chair Mark Kluck - Planner 4