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Board of Zoning Appeals Meeting

Regular Meeting

Warrenton, VA · November 1, 2022

AgendaPacketMinutes

Minutes

BOARD OF ZONING APPEALS OF THE TOWN OF WARRENTON TOWN HALL 21 MAIN STREET WARRENTON, VIRGINIA 20186 MINUTES A REGULAR MEETING OF THE BOARD OF ZONING APPEALS WAS HELD ON NOVEMBER 1, 2022 AT 5:00 P.M. IN WARRENTON, VIRGINIA PRESENT Mr. Larry Kovalik; Ms. Melea Maybach; Ms. Betsy Sullivan; Mr. Amos Crosgrove; Mr. Rob Walton, Director of Community Development; Ms. Kelly Machen, Zoning Administrator; PRESENT VIA ZOOM Mr. Martin Crim, Town Attorney ABSENT CALL TO ORDER AND DETERMINATION OF A QUORUM The meeting was called to order at 5:00pm. There was a quorum of members present. ELECTION OF OFFICERS The Board briefly discussed the election of officers, no changes were made. APPROVAL OF MINUTES Draft Minutes- July 5, 2022 Ms. Melea Maybach motioned to approve the minutes for July 5, 2022, as presented. Ms. Betsy Sullivan Seconded. All in favor. Ayes: Mr. Larry Kovalik, Chair; Ms. Melea Maybach, Ms. Betsy Sullivan, Mr. Amos Crosgrove Nays: 1 Absent During Vote: PUBLIC HEARING BZA 2022-3- Zoning Determination Appeal for 61 Winchester Street Ms. Machen gives a detailed presentation on the appeal application and provides the board with the opportunity to view the Town Zoning Maps laid out before them. Mr. Crim notified staff he was unable to hear majority of the presentation due to audio issues. Audio issues are resolved. Mr. Crim speaks on the nature of the request and advises the Board of prior disruptive behavior from the Applicant. Mr. Kovalik asks if there are any questions from the Board. No questions. Mr. Kovalik asks the applicant if they would like to speak. Mr. Keith Macdonald, applicant, addressed the board on the appeal request. He also provided the board with additional justification documents on the appeal. The Board and Mr. Macdonald briefly discuss the additional documentation provided. Mr. Macdonald presents his research and reasoning for the proposed zoning change for the property. Mr. Kovalik asks the Board for questions for the Applicant. Mr. Kovalik asks Mr. Macdonald to clarify aspects of the provided amended zoning map. Mr. Macdonald provides his reasoning for the proposed adjustments, and advised he had previous conversations with staff on the zoning map errors. Mr. Kovalik asks Mr. Macdonald about the zoning at time of purchase and if written supporting evidence of the staff conversations can be provided. Mr. Macdonald reiterates his arguments for the proposed changes and states there is no written document, only verbal conversations with staff. Mr. Kovalik asks the Board for any further questions. The Board has no questions. Mr. Kovalik opens the Public Hearing at 5:30pm. Mr. Robert Lawrence, the property owner, provides a brief history of the property and neighborhood and expresses his desire that the property maintain its residential zoning. Mr. Kovalik asks for any further speakers. With no further speakers the Public Hearing was closed at 5:51pm. 2 Mr. Kovalik asks the Board for comments. The Board has no comments. Mr. Kovalik thanks Staff and the Applicant and speaks briefly on the evidence provided to the Board. Asking the Board for further discussion or a motion. Mr. Amos Cosgrove Motions to affirm the Zoning Determination, Seconded by Ms. Maybach. All in favor, no discussion. The vote was as follows: Ayes: Mr. Larry Kovalik, Chair; Ms. Melea Maybach, Vice Chair; Mr. Amos Crosgrove; Ms. Betsy Sullivan Nays: Abstention: Absent During Vote: Mr. Kovalik advises the applicant of his right to appeal the board’s decision to the Circuit Court. Mr. MacDonald stated it was likely he would do so. UPDATES Ms. Machen advised the board they would have a December meeting to discuss a variance request. ADJOURNMENT Mr. Kovalik motioned to adjourn. Ms. Maybach seconded, all in favor. No discussion. The meeting was adjourned at 5:57pm. 3

Agenda

BOARD OF ZONING APPEALS MEETING Tuesday, November 01, 2022 at 5:00 PM AGENDA ELECTION OF OFFICERS. CALL TO ORDER. DETERMINATION OF A QUORUM. APPROVAL OF MINUTES. 1. July 5, 2022 Meeting Minutes PUBLIC HEARING. 2. BZA 22-3 - 61: Application for an Appeal pursuant Article 11-3.12 of the Town of Warrenton 2006 Zoning Ordinance, to a Zoning Determination made by the Zoning Administrator rendered on August 9, 2022, as to the official zoning district for 61 Winchester Street. The Zoning Determination noted the zoning district for the subject parcel as Residential (R-6) and the applicant contends the zoning district is Central Business District (CBD) or split zoned CBD/R-6. The Comprehensive Plan identifies the property as Old Town Mixed Use/Old Town District. The applicant is Keith Macdonald. The property owner is 61 Winchester Street LLC. GPIN: 6984-34-7492-000. UPDATES. ADJOURN.

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