The Board of Zoning Appeals (BZA) meeting on Thursday, August 10, 2006 began at 7:30 p.m. in the Town of Chincoteague Council Meeting Room. It was called to order by the Chairman, Arthur Leonard, and the following members were in attendance: Robert Cherrix, Donald Thornton, Jesse Speidel, Myron Birch, Jack Gilliss, and Mike McGee. Kenny Lewis, the town's building and zoning administrator, and Robert Ritter, the town manager, were also in attendance.
Robert's Rules of Order
The first item on the agenda related to Mr. Ritter's requested use of Robert's Rules of Order as the official operating procedure of all town committees. Mr. Speidel stated that his research into this subject indicated that smaller groups, such as the BZA, could relax some of the normal requirements of Robert's Rules and operate more informally. Mr. Ritter felt there were advantages to sticking with the normal processes. After several attempts by both parties to defend their respective positions on this subject, Mr. Ritter said he would review the sections of the Rules referred to by Mr. Speidel to see if relaxing the processes would be in order. When the subject of Robert's Rules re-surfaced later in the meeting, Chairman Leonard motioned that they stick with the normal Rules for this meeting and discuss any possible changes at a later time. The motion was seconded by Donald Thornton and approved by the Board.
The minutes of the last meeting were unanimously approved.
Variance on Seabreeze Drive
The first appeal case was for a variance on Seabreeze Drive, so that a replacement shed could be placed on the southern lot line instead of 5 feet back, as the regulations require. Bob and Linda Cliff stated they were requesting this variance since the health department had said the existing shed, which measures 8 x 19 feet, partially covers a septic tank area, and any replacement will need to move away from that area. In order to get as large a shed as they desire (which was confusing, with sizes ranging from 8 x 14 feet all the way up to 12 x 30 feet being mentioned during the course of the hearing), they want to go all the way to the lot line. The immediate neighbor, Eddie Tull, does not object. Kenny Lewis stated that no other neighbors have objected. In the ensuing discussion, the Board members were clearly uncomfortable with the idea of a "zero lot line" situation. The final disposition of the case specified that the shed must come at least 2 feet off the lot line, and off the septic area, but could be as large as 10 x 30 feet. There was unanimous agreement of the Board on this resolution.
Variance for Unit 5 in a development of 8 townhouses
The second case was brought by Mike McGee, a member of the Board of Zoning Appeals. He requested a variance for Unit 5 in a development of 8 townhouses he is constructing on East Side Drive. He wishes to have a 12 foot setback from the 30-foot right of way on Turlington Lane rather than the 25 feet specified in the regulations as the necessary setback for corner lots. This road is a private road, owned by Mr. McGee, which currently serves 3 existing homes and will also serve the new townhouses. Apparently the property is also zoned for commercial use, and if used as such, would only require a 10 foot setback.
Three neighbors, Blackwell, Byerly, and Locksley, have disapproved of the variance request, but did not attend the variance hearing. Another neighbor, the Raymonds, appeared at the hearing to express concern that the 30-foot right of way be maintained as "clear access" space, that is, free of parked cars. Mr. Lewis indicated that the paved section of the roadway will only be 17 or 18 feet, and that since Mr. McGee owns the unpaved remainder of the 30-foot right of way, any parking issues there would be a civil matter between the Raymonds and Mr. McGee. Mr. McGee said he would be willing to write into the townhouse development covenants that there should be no parking on the 30-foot right of way.
Phil McDonough appeared at the hearing to object to the approval for Mr. McGee, claiming that Mr. McGee and the BZA denied him this same type of request 4 years ago, when he was attempting to get a variance on a private road, Colonna Street, near Thornton Lane. Donald Thornton stated that the Board had changed its view of these situations since Mr. McDonough's case, noting that "Main Street is full of these cases".
Jim Frese spoke in support of Mr. McGee's request, saying that Turlington Lane was not a road at all, but a driveway, and should not be subject to the 25-foot setback rule.
On a motion by Myron Birch, seconded by Donald Thornton, the McGee request for variance was unanimously approved by the BZA.
Letter to the Town Council re: Corner Lot on a Private Right-of-Way
The BZA then reviewed language to include in a letter to the Town Council, recommending that the town undertake a review of this type of situation, where a corner lot involves a private right of way rather than a public roadway. They want to use the term "easement" rather than right of way, and recommend 10 feet as the required setback in these situations.
Mr. Speidel then recommended that BZA members read the sections he had identified in Robert's Rules of Order, and that this topic be taken up again at the next meeting of the BZA. Chairman Leonard adjourned the meeting at 8:55 p.m. The meeting was attended by approximately 15 people.
Notes of this meeting prepared by Gail Reichard.
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.
