BZA Members Attending: Robert Cherrix, Donald Thornton, Arthur Leonard, Chair,
Jesse Speidel, Jack Gilliss
BZA Members Absent: Myron Birch, Michael McGee
Staff Attending: Kenny Lewis, Zoning Administrator
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Back up materials for this meeting may be found at this link:
BZA agenda materials
Chairman Leonard convened the board at 7:30 p.m in Council Chambers. Mr. Speidel
moved that the minutes of the June 12, 2008, be approved. All members voted to
approve the minutes.
The purpose of this meeting was to consider Appeal 08-10-01. This appeal is a request
for variance from Gene W. Taylor for parcel 18 and parcel 30 located on Mussell Lane.
The applicant requested to place a new structure on each parcel 10 feet from the side
lot line of the corner lots. Current zoning requires a minimum 15 foot side yard setback.
Both parcels are considered non-conforming lots at 5,250 square feet each This
property is zoned Residential District R-3.
Mr. Taylor spoke to the Board offering that each of the lots is narrow: 42 feet wide. He
would like to place 20-22 foot houses on each of the lots, saying that 17 feet wide
houses are too narrow for the area.
The Board asked questions of Mr. Taylor as follows:
Mr. Speidel wondered if the houses would be “stick built”; Mr. Taylor replied in the
affirmative.
Mr. Lewis stated that the current requirement for side yard setback from the intersection
is 15 feet. This was recently reduced from a 25 foot requirement.
Mr. Thornton asked how many lots the restaurant owns. Mr. Taylor replied 13-17, but
that he owns the remainder of lots in the area. He stated he was proposing to build on
two of the narrow lots; for the rest he is vacating the lot line. Mr. Lewis offered that the
property was plated in 1948. Mr. Thornton further offered that each of the narrow lots
could accommodate a mobile home.
The Board continued with the following discussion among themselves. Mr. Leonard
asked Mr. Rosenberger, chairman of the Planning Commission, what the Commission’s
position was on this request. Mr. Rosenberger stated that the Commission felt the
zoning code was adequate.
Mr. Speidel relayed that special consideration should be made for the early plating
(1948) of the lot(s). Additionally he noted the wide (40 foot) road. Mr. Thornton agreed
with Mr. Speidel, saying he does not see a safety problem and the age of the plat
should be a mitigating factor. He had no objections to the request. Mr. Cherrix also
expressed no objection.
At this point Mr. Speidel made a motion to approve the request for variance. Mr.
Thornton seconded the motion and all members voted to approve the variance request.
The meeting adjourned at 7:50 p.m.
Notes prepared by Nancy Lane
N.B. These notes do not constitute the public record of this meeting. The information
contained herein is offered in good faith, is presented as accurately as possible, is
thought to be a complete account of the proceedings. These notes are intended to be a
public service devoid of political commentary for those who are interested in following
the civic affairs of Chincoteague Island. Notes of the meeting are recorded, transcribed
and distributed by volunteers who receive no financial compensation for their efforts.
