Board of Zoning Appeals - Regular Meeting

Wow. Yeah. Yeah.

Good afternoon. My name is Jason Barney. I serve as the chair of the Roman City Board of Building Appeals. I would like now to call to order the June 10th EZA hearing by first welcoming all of our board members, all the Roman City staff, our applicants for today, and all members of the public who are present for today's hearing. This hearing is being broadcast via YouTube. We ask that you please turn the sound off on all phones and electronic devices during the hearing. If you have registered to speak on a particular matter, when the public comment portion of the application has begun, please then wait to be recognized in turn. We ask that you then please approach the podium, state your name and residential address clearly, so that the secretary to the board may record the proceedings accurately. It's important to know that all persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Well, that being stated, Ms. Clark, can we begin by having you please take the roll? Thank you, Mr. Barney. Mr. Erdman?

Here. Mr. Garner? Here. Mr. Logan? Here. Mr. Miller? Here. Mr. Barney?

Here. Thank you. All right, board members, do we have a motion to approve the agenda for today? So. Thank you, Mr. Logan. Do we have a second? Second. All right. Thank you, ma'am. Ms. Clark, would you please take the vote on approving the agenda for today?

Sure. Ms. Erdman?

Aye.

Mr. Garner. Aye. Mr. Logan. Aye. Mr. Miller. Aye. Mr. Barney.

Aye. All right. Do we have a motion to approve the minutes from the May 13th hearing? Aye. Thank you, Mr. Miller. Do we have a second? Second. Thank you, Mr. Garner. Ms. Clark, will you please take the vote on approving the minutes from the May 13th hearing?

Sure.

Ms. Erdman.

Aye. Mr. Garner. Aye. Mr. Logan. Aye. Mr. Miller. Aye. Mr. Barney. Aye.

Before we have the unfinished business to attend to today, not all right, we go ahead and read the first application of new business for state of the record.

We have an application by Joshua Lester for property located at 514 18th Street southeast. Very official tax that number 4212110 is an arm one residential district for a special exception pursuant to section 36.2 dash 311. Zoning Code of City of Roanoke, 1979, as amended to establish a homestay. Thank you. Is the applicant present today? Yes, sir.

Could you approach the podium, sir?

Could you state your name and residential address, please? Joshua Lester, 514 18th Street, Southeast Front, Virginia. Could you raise your right hand so I can swear you in?

Do you solemnly swear that the testimony that you shall provide today will be the truth, the whole truth, and nothing but the truth? Yes, sir.

Okay, go ahead and tell the board where your plans are. So I purchased this property a little over three years ago. It's my primary residence and I did a complete renovation on the interior and exterior. I live on the main level. I don't have a large family. So the upper, the upstairs is not utilized at this time. So, you know, I would like to be able to rent that short term to air, like on Airbnb, for example. There's two bedrooms, a bathroom. It has a private entrance. Basically, just as an opportunity to recoup some of the money. I'm not quite ready to sell the property yet, but I would like to, you know, I feel like it's a good business venture to recoup some of the money that I've invested in the property. And your intent is to only use two of the bedrooms upstairs or three? Correct. It's just set up with the two bedrooms. The other room, the smaller room up there is set up as like a food prep area. So one of the rooms has a queen size bed set up right now. And then the other one is large enough to have two like twin beds is probably what I would do to sleep four people maximum.

Mr. Moore, could you tell the board what staff's recommendation is, including any conditions? Sure. Sure.

Staff funds the request for the special exception to establish an homestay if the subject property is appropriate and consistent with the city's comprehensive plan and Belmont County neighborhood plan and meets the standards for the granting of the special exception. Staff recommends approval subject to the following submissions. One, the applicant shall obtain a certificate of occupancy for the homestay use of the structure within 12 months of the granting of the special exception. Two, the operator of the homestay shall obtain an inspection by the city to ensure compliance with the Virginia Maintenance Code every 12 months. Failure to obtain inspections demonstrating compliance with the Virginia Maintenance Code for a period of time exceeding 24 months shall constitute discontinuance of the use and the special exception shall become void. Three, the subject property shall maintain compliance with all applicable state and local laws, ordinances, and regulations as they relate to the homestead. Upon repeated violations of laws and regulations as they relate to the homestead, The Board of Zoning Appeals may revoke special exception in accordance with Section 36.2-560E.

Thank you, Mr. Moore. Board members, do we have any questions at this time for an applicant or for a staff?

Mr. Chairman, one question for Mr. Lester. Yes, I understand that you will rely on the...

street parking in front for your guests. Is that correct? Yes, there's a gravel area. It's off street on 18th Street. So I have a private driveway that's, you know, onto the right side of my house. And then there's an off street gravel lot that runs parallel to the front of the house. So the vehicles would be completely off of the street, but not on the lawn. And reading the staff report, I know that was something that was pointed out because of the aerial image that I submitted, which I think that was probably taken about 18 months ago, there was a vehicle parked on the actual grass along the house. And, you know, I can assure you that that wouldn't happen. That was like a one-off. But yeah, there's a gravel lot that's large enough to accommodate two vehicles back-to-back and still have room for me to access my driveway.

So is that in the public right-of-way or is that on your property or...

That's on my property. It is. Okay. Thank you.

At this time, I'd like to go ahead and open up the public hearing on this application. Ms. Clark, do we have anyone registered to speak today on this application, or have we received any public comment? No, Ted. Okay. Is there anyone in the crowd that would like to speak on this application? Okay. Seeing and hearing no one, I will go ahead and close the public comment portion of this application. Board members, are there any other comments or questions today for all this application? Okay, we've got an application. Do we have a motion to amend the application with the conditions proposed by staff? So, thank you. Mr. Logan, do we have a second? Second. Thank you, Mr. Miller. Ms. Clark, we go ahead and take a vote on amending the application with the conditions Opposed by staff.

Yeah, that's Mr. Bergman. Mr. Garner. Aye. Mr. Logan. Aye. Mr. Miller. Aye. Mr. Barney.

Aye. Okay, board members, we have an amended application before us. Do we have a motion to approve the amended application? So moved. Ms. Bergman, do we have a second? So moved. Okay, Mr. Garner. Ms. Clark, would you go ahead and take the final vote on this application?

Mr. Bergman. Aye. Mr. Garner.

Aye.

Mr. Logan. Aye. Mr. Miller. Aye. Mr. Barney.

Aye.

Congratulations on your special tax. Thank you very much.

Mr. Clerk, will you proceed by having you read the next application of new business today in the record?

Yes, thank you. We have an application by Leland Booker for W. Booker Enterprises LLC for a property located at 1405 Patterson Avenue Southwest bearing official tax that number 12-12-6-12-7- Mx next use district for special exception pursuant to 36.2 dash 315 zoning code of the city of ronan 1979 as amended to establish a good living facility, thank you to be present today, thank you, man would you mind approaching the podium.

Who would state your name and residential address for us?

Lacey Leonard, 4056 Hershberger Road, Northwest.

Thank you. Could you raise your right hand so I can swear you in? You solemnly swear that the testimony that you shall provide will be the truth, the whole truth, and nothing but the truth. I do. Thank you. Go ahead and tell the board where you're planning.

Good afternoon, everyone. My name is Lacey Leonard. I am the president of Regional Operations for Interaction Recovery and Wellness Center. Here with me today is my husband and Vice President of Regional Operations, Andrew Franklin, and Earl Eck, who's the property owner of 1405 Patterson Avenue. And so today we're requesting approval for a special exemption to establish an accessory group living facility at this property. With a maximum capacity of 16 residents, as recommended by the county staff, Our mission is to provide the best quality treatment. Ooh, sorry. Our mission is to provide the best quality treatment to those seeking services for substance use disorder. We're a family-owned business. Our primary offices are in Houston, Texas. My dad started them 15 years ago, and I'm here to offer services in Virginia. And so we really want to see people heal and build sustainable lives, and sober living is such a big part of that. The proposed residence will serve as a structured supportive living environment for adults who are actively engaged in their own recovery. Residents will be expected to maintain sobriety, participate in treatment and recovery activities, follow house rules, and contribute positively to the community. This is not a correctional facility, detox center, or emergency shelter. It is a stable and supervised home environment designed to support individuals who are working to rebuild their lives. Recovery is strengthened when people have access to safe housing, accountability, and a supportive community. Without these resources, many individuals face significant barriers to maintaining sobriety and becoming productive members. This facility will help to bridge that gap by providing residents with a safe place to live while they continue their recovery journey. One of my residents in Texas shared this. This is a great place. I came here from Huntsville, Alabama, and even though I was far from home, I felt welcomed from day one. Today, I am 56 days sober and living in the sober house with a great group of guys who support and encourage one another every day. To us, this is what this request is really about. It's about creating an environment where people can find stability, support, and the opportunity to build a new life and recovery. We're committed to being responsible neighbors, maintaining the property to a high standard, and operating in accordance with all local and state requirements. We appreciate the staff recommendation for approval and are fully prepared to comply with the condition limiting of no more than 16 residents. Thank you for your time and consideration today. We have to be welcomed as a valued member of the Rono community and to continue contributing to the health and wellness and recovery of our neighbors for years to come.

Okay. Mr. Moore, could you go ahead and tell us what staff's recommendations, including any conditions

before I do that I just want I just noticed an error in the staff report and I would like to enter it into the record on the first page under the recommendation it reads staff finds the request from special exception to establish an accessory group living facility this is actually a principal use of the property it's not accessory at all I would like to enter the accessory gets removed So I'm going to read it in a way that it was intended to be read. Staff finds the request for the special exception to establish a group living facility at a subject property meets the standards for the granting of the special exception. Staff recommends approval of the special exception with the following condition. The capacity of the group living facility shall be no more than 16 residents, not to include staff members of whom reside off-site. There's more for that correction as well.

Wonderful questions for the application for staff. Better stand correctly. The property was previously a residential facility. Do you have an idea how many people were residing there at a typical time and passing? Can I phone a friend?

Because Mr. Earl actually knows the answer.

Hello, sir. How are you doing today? Great. Go ahead and raise your right hand so I can swear. Do you solemnly swear or affirm the testimony that you shall provide me with the truth, the whole truth, and nothing but the truth? I do. Thank you.

This house, it has been over the years, I've met people who have known this property for decades, lived around the area. It was the Hygera House, which was a halfway house for decades. And then in about 2000, Blue Ridge Behavioral bought it, built the addition onto the back of it. And they were there for, I think, about 10 to 15 years. I'm not really clear on that. Since then, the person who bought it then turned it into some residential. Since I've owned it, which is in the late, I think it's 2018, I bought it. It has been utilized as a residence. It was also used by a church for some, they had a few residents that were living there for some women's services. recovery types of people from abuse backgrounds, but it was used by a church. And then most recently it was utilized by a company that did behavioral treatments, but they did it during the day. It was all, I would think of it as like an AA meeting. The downstairs was group meetings and the upstairs was uses the bedrooms were used as individual offices for individual counseling. So it has been used. That's how it's been utilized in the last 50 years to the best of my knowledge. from what I've been told by many people. Thank you, sir.

How many residents do you know?

How many residents? Well, when the church had it, they only had four people there with them, and they were just part of their church community. But back during the Hijera House days, I found a CO. from when we were when we were renovating the house it literally said 18 people per floor wow and it has even if you only count the top two floors that's 36 people that's insane but and if you include the third the first floor that's 54 people that i can only imagine the strain on the plumbing there but um anyway um but no uh Nobody has, no more than four people have lived there since I have owned it as a residential facility. It has been used twice as some type of a commercial application.

Thank you for your information. Okay, thank you. Okay, other questions? At this point in time, I'd like to go ahead and open up the public hearing on this application. Mr. Clark, do we have anyone registered to speak today on this, or have we received any public comments? Does anyone in the crowd would like to speak on this application? Okay, seeing no one, I'll go ahead and close the public comment portion of this application. There are no other questions or comments from board members. Do we have a motion to amend the application with the condition proposed by staff? So, Mr. O'Connor, do we have a second? Thank you, Mr. Miller. Mr. Clark, can we take a vote on amending the application with a condition proposed by staff?

Yes, Mr. Erdman. Aye. Mr. Garner. Aye. Mr. Loken. Aye. Mr. Miller. Aye. Mr. Varney. Aye.

Okay, do we have a motion to approve the amended application?

So moved.

Thank you, Mr. Erdman. Do we have a second? So moved. Mr. Garner. Ms. Clark, can we take the final vote on the application?

Yes, Mr. Erdman. Aye. Mr. Garner? Aye. Mr. Logan? Aye. Mr. Miller? Aye. Mr. Barney? Aye.

Congratulations on your special exception. Thank you. Okay, let's start moving forward. Can we go ahead and read the next application of new business as a director?

Thank you. We have an application by Nikki and Shelly for our CBH Consulting LLC for a property located at 4805 and 4813 Valley View, North Northwest. and 0 Hirschberger Road in the West, bearing official tax net numbers 237-0113, 237-0110, and 237-0111, Zone CG, Commercial General District, for a special exception pursuant to 36.2-315, Zoning Code of City of Roanoke 1979, as amended to establish parking off-site.

We need Spartan's applicant present today. Okay, sir, could you approach the podium for us? Maybe you should state your name and residence and address for us.

Jacob Dimmick with CPH Consulting, 500 West Fulton Street, Sanford, Florida.

If you raise your right hand so I can swear you in, do you solemnly swear or affirm that the testimony that you shall provide today will be the truth, the whole truth and nothing but the truth? I do. All right, thank you. Go ahead and tell the board what your plans are.

So Chick-fil-A is looking to do some improvements to an existing restaurant site that they have. to ultimately improve the customer service, which includes dual lane additions. And of course, no need an exemption for is offsite parking. So Chick-fil-A owns the main parcel of their site is currently on, and they're leasing this additional site that they're looking to put this offsite parking. We don't believe this offsite parking is going to change any traffic patterns. I would also like to note that the access shown in the concept drawing that was submitted is not being changed. That's existing to remain. That's about it.

Okay. Mr. Moore, could you go ahead and tell the board what staff's recommendation is, including any conditions?

Staff finds the request for a special exception to establish parking off-site at the subject property meets the standards for the granting of a special exception. Staff recommends approval of the application subject to the following admission. One, the development of the parking off-site shall be in general conformance with the development plan submitted with this application titled, Untitled Map. The development plans are subject to the development standards of the zoning ordinance and all applicable regulations therein will be enforced upon permitting of the parking area prior to construction. Number two, The applicant shall be subject to the letter of intent as set forth in Attachment A. The zoning administrator shall maintain a copy of this agreement for city records.

Mr. Board, you're aware of the conditions proposed by staff? Yes. All right. Board members, do we have any questions or comments for the applicant or for staff? I have one question. Will this off-site parking require pedestrians to walk through traffic? I'm starting to have trouble figuring it out from the illustrations.

Um, can we go back to the site? They would, um, we could look into further adding a, a path to that landscape islands and looking to get to a crosswalk connection. Perhaps. Um. Yes, as a current stands, it doesn't look that we need to cross through the main access. We can look at improvements as part of the approval.

Missing more of this is the is the plan is updated that they have to come back or.

No, that would fit within the general conformance standards. The addition of crosswalks is simply striping and that sort of thing. And so that wouldn't rise to the level of needing to come back before it is important. Thank you for the clarification.

Yeah, I'm interested in adding that as a condition to the recommendation. Sure. Is that something we need to, I guess, do at this time right now during the hearing?

Yes. And if you have suggested language for that, I'm willing to hear it. Otherwise, I'm going to need a couple of minutes to prepare something. All right. I don't even think I could tap my head.

All right. All right. We're going to go ahead and open up the public comment portion of the application was court we have anyone registered to speak today on this application or as it has been public on. You know, we have not been one of the crowd that would like to speak to this application. So you know what I'll go ahead and close the public comment portion of the application. Well, Mr. Morris. Devising the language for the condition we're going to add. Do we have any other comments or questions?

I would suggest or recommend that the third condition where the applicant shall provide safe designated pedestrian pathways of a minimum unobstructed width of five feet from the newly created parking area to the public entrance of the principal building. I'll go ahead.

Just to get this into record, would you mind repeating all of the conditions, including this new condition, so we can just... Would you mind? Sure.

Thank you. One, the development of the parking off-site shall be in general conformance with the development plan submitted with this application entitled Untitled Map. The development plans are subject to the development standards of the zoning ordinance and all applicable regulations therein will be enforced upon permitting of the parking area prior to construction. Number two, the applicant shall be subject to the letter of intent as set forth in attachment A. The zoning administrator shall maintain a copy of this agreement for city records. Three, the applicant shall provide safe designated pedestrian pathways of a minimum unobstructed width of five feet from the newly created parking area to the public entrance of the principal building. Good with that.

Agreed. Understood. Okay. Thank you. Any questions or comments? Okay. We have an application before, so we have a motion to approve the amended application with the three conditions proposed by staff. Move to a approve the amendment of the part?

I believe we need a motion and second to amend the application.

Motion was to amend the application. I understand what you said. Okay, so do we have any, I'll repeat, do we have a motion to amend the application with the three conditions proposed by staff? So moved. Thank you, Mr. Garner. Do we have a second? Second. Thank you, Mr. Miller. Ms. Clark, we take the vote on amending The application with the three conditions proposed by staff?

Yes. Mr. Ehrman? Aye. Mr. Garner? Aye. Mr. Hogan? Aye. Mr. Miller? Aye. Mr. Varney?

Aye. Board members, we have an amended application before us. Do we have a motion to approve the amended application? So moved. Thank you, Mr. Ehrman. Do we have a second? Second. Thank you, Mr. Garner. Ms. Clark, do we go ahead and take the final vote on the amended application?

Thank you, Mr. Ehrman. Aye. Mr. Garner? Aye. Mr. Hogan? Aye. Mr. Miller, Mr. Barney.

Congratulations on your specialization. Thank you all. Moving forward, do we have any other matters of new business to discuss today?

We do. We have the amendment to our bylaws. City Council has requested that the boards and commissions within the planning department all have their hearings at 5.30 p.m. to make it more accessible for the public to attend. I certainly can take a move on the files today. They're agreeable.

Okay. Any questions or comments regarding this topic of discussion?

I have a question about the work session, whether we could or should consider some change to the work session as well. Does anyone have any ideas or thoughts on that before we make the final I expect that we will approve it, but the work session has become a source of concern as to the time.

Is there any discussion about possibly moving the work session along with this, or is it just right now?

We have not considered a time change to the work session, although we're open to suggestion.

Sorry, I will note that the bylaws do not contain the time for work session. So if that's something you don't decide to do today, it can be done later date without an amendment to the bylaws. They just have to be posted on our website for that date and time.

So we don't necessarily need to have a public hearing when we schedule the work session.

Correct. But we would like some input from staff as to making it convenient for you all. I think one of the things about the work session was we wanted to make sure that you have an adequate time, have a portion of the room during the work session to have to prepare your voice for the regular session.

Yeah, that's a great point. Right now, we only have about an hour in between the work session and the public hearing. By changing the timing of the public hearing from one o'clock to 530, that gives staff an additional four and a half hours in order to respond to any questions that you have. We feel that that's a much more adequate amount of leeway to get those questions addressed that you might have in the interim between the work session and public hearing.

As it's currently proposed,

You know, staff does not have any other recommendation other than what's been shared today.

So you would be in favor of allowing the work session to remain as is?

That's right. That's right. But we would also be open to having a conversation with you all if that timing is not bringing it up. We could have that conversation.

Absolutely. I'm fine with that. having it another time i just want to know if we need since we don't have to actually have a public hearing on the work session you just have it i would agree that we can we can consider that at what time comes necessary all right board members do we have a motion to amend the bylaws of the board of zoning appeals in the city or other to revise the regular meeting time on the wednesday following the second monday of each month to 5 30. Second. Thank you, Mr. Logan. Do we have a second? Second. Thank you, Mr. Miller. Spark, we take a vote on amending the bylaws of the Board of Zoning Appeals to move the hearing to 5.30 p.m. on the Wednesday following the second one.

Yes, thank you. Mr. Durbin? Aye. Mr. Garner? Aye. Mr. Logan? Aye. Mr. Miller? Aye. And Mr. Garner?

Aye. All righty. Any other matters of business for today. All right, and you were members and he said, if you notice the public will adjourn.