BGEE N son Cou  MADISON COUNTY BOARD OF ZONING APPEALS  MADISON VIRGINIA 22727  The Madison County Board of Zoning Appeals met Tuesday, June 18, 2024, in the Madison County Administrative Auditorium, 414 N. Main Street in the Town of Madison, Virginia. The committee members present were Chairman Coppedge, members Clatterbuck, Lohr, Lillard, and' Wills, Secretary Long, Zoning Administrator Tracey Clatterbuck, and Zoning Assistant Janet Henshaw. Chairman Coppedge asked members if there were any additions or corrections to be made to the minutes from the previous meeting of May 21, 2024. Member Lillard moved to approve the minutes as submitted and Member Clatterbuck seconded the motion. The minutes were approved by unanimous voice vote. Chairman Coppedge asked Secretary Long to read the agenda. A. Jesus and Brenda Burgos have filed a variance application for property located at 236 Laurel Drive, Madison, VA, in the Laurel Mountain Subdivision, and further identified by tax map number 45A-2-9. The property contains 4.254 acres and is zoned as Conservation (C-1). Pursuant to Appendix 1 (Zoning), Article 3-6-1 of the Madison County Zoning Ordinance, the required minimum side setback is 251 feet. The applicant is requesting that a variance be granted to allow for a 12.1-foot side setback. If granted, the applicant plans to continue construction of an 8'> x 12' addition onto the existing single-family dwelling. Jesus and Brenda Burgos appeared to represent the application. Chairman Coppedge asked if any of the Board members had questions for the Burgos. Member Clatterbuck said that the variance would not make it any more non-conforming: than it already is. Member Lillard said that everyone around them were comfortable with it. Zoning Administrator Clatterbuck noted that, for the record, the office did receive a written comment from Mr. Barone, a side neighbor, and the BZA received a copy. Also, Administrator Clatterbuck said the Building official asked her to relay that whether or not the variance is granted, the applicants will need to bring the construction into compliance with Madison's building code; it is not in compliance currently. Brenda Burgos asked if the compliance requirement was based on the addition only or oni the whole house. Member Lillard said the matter should be taken up with the Building Official. Applicant Jesus Burgos said they have permitted them to do a number of things which they have checked on, like the plumbing improvements. Brenda Burgos said they were waiting for the action on this variance before they applied fori the electrical permit. Administrator Clatterbuck said the compliance requirement isj just for the new Chairman Coppedge asked if there were any more questions from the Board. Chairman Coppedge asked if there were any questions from the audience. There being none, Chairman Coppedge asked if the Board was ready to vote. The vote was taken by ballot. Secretary Long read the ballots:  construction.  Coppedge-Yay; Lohr--Yay; Clatterbuck-Yay; Wills-Yay; Lillard-Yay.    2  Old Business  Chairman Coppedge asked if the handout was the updated map for the case the Board heard last month. Administrator Clatterbuck said that is correct. Administrator Clatterbuck said Mr. Abed has come back with a revised proposal to reduce the house size to 16' by 16' with a6 6'x 16' deck. The well location and the proposed drainfield site have not changed. Administrator Clatterbuck said the Mr. Abed is proposing a side setback on Fords Shop Road will be 57.1-feet which actually conforms to the minimum setback requirements. For the other road, Meador Run Road, Mr. Abed is now requesting a variance from 50' to 33-feet. Administrator Clatterbuck said she received two comments from neighbors: A phone call from Anthony Clatterbuck was received on this date and he said he was concemed what the end result of this will look like. Mr. Clatterbuck, the neighbor, stated that the proposal will require the applicant to strip the lot and he has sediment concerns with taking down all the trees. He also noted that this lot was never meant to be used as a dwelling lot. Administrator Clatterbuck said that Mary Banks and Beatrice Corbin were present at the last BZA hearing on this application (May 21, 2024). Administrator Clatterbuck spoke with Beatrice Corbin who asked her to relay this on behalf of Mary Banks. The well is too close to Mrs. Banks' well and she is concemed. She is on a limited income. She said there are no wells in the subdivision this close together. She stated that the drainfield is too close to Mrs. Banks' property line as well. They are concerned with the appearance compared to other houses in the subdivision. They are concerned with this applicant not following the rules that every other owner followed in the subdivision. She said that they felt thati if this was granted, the BZA was bending the rules. They are also concerned over Chairman Coppedge said that it seemed like all the neighbors were against it. Member Wills shared a copy of the old plat that was previously submitted. Member Wills asked if the house would be single story or a double story. Mr. Abed said it would be a double story. Member Lillard asked if the plans for the septic drainfield had changed; Mr. Abed said no. Member Lillard asked if the whole lot would need to be cleared off. Mr. Abed said he didn't think sO. Mr. Abed said he planned to leave the trees along the border to keep the lot closed in. He said he planned tos save as many trees as possible, along with saving some money and time from tree removal. Member Wills said he would have to clear around where the proposed septic tank as well. Mr. Abed said yes. Member Lillard said, looking at thei topo map, it didn't look like there was much grade. Mr. Abed said yes, iti is fairly flat. Member Lillard asked if it was a wooded lot, and Mr. Abed said yes. Member Clatterbuck said it's going to be at fairly small house. Mr. Abed said yes, planning for 2 bedrooms, 2 bathrooms, 500 square foot. Mr. Abed said they call them miniature houses. Mr. Abed said he had Al draw it up. Chairman Coppedge said it seemed like an awful Member Lillard asked who Anthony Clatterbuck is, who made the comment to Administrator Clatterbuck. Administrator Clatterbuck said he is an adjoining property owner who was previously notified. Member Lillard asked which property was his. Administrator said she was unable to bring it up on the screen, but he owns tax map 42-18A. Member Lillard asked if there was any history about this Daniels Farm subdivision, any restrictions or covenants. Administrator Clatterbuck said this loti is not part of the subdivision. Member Lillard said it could  all the tree removal that this proposal would require.  lot on less than half-an-acre of ground.    3  have been part of the tract and asked if there was history that said this lot was residue from the Member Wills asked if this was a stick-built home or modular. Mr. Abed said it will be stick-built. Member' Wills said the houses along that road are quite small, but they are not that small. Chairman Coppedge asked what the lot sizes are for the other houses on the road. Zoning Administrator Clatterbuck said 1 acre or less. Member' Wills brought up the County GIS and said the houses on that road are mostly %-acre or less; they are small. Zoning Administrator brought up the subdivision map, which shows this lot is not in the subdivision and said the lots range from % to less than an acre. Chairman Coppedge said basically they are the same size as this applicant's, or pretty close. Member Lohr asked when this lot was made. Zoning Member Lillard said this is a good example of a lot that wouldn't have been built on before alternative septic became available. Ai traditional drainfield never works there; it can be done now when it wasn't even a consideration twenty years ago. Member Lillard asked what the smallest lot in the subdivision was. Administrator Clatterbuck said 5-acre. Member Lillard said Member Wills asked if there was another location for the well. Mr. Abed said the contractor told him that was the best site. Member Lohr said it might be better for the applicant to select another location for the well, because if something happened and she ran out of water... Chairman Coppedge said if the well could be moved somewhere else that might be money well- Member Lohr asked if thel Board was supposed to vote on this tonight. Administrator Clatterbuck said it could be tabled but there is a 90-day window. An option would be to have the applicant research moving the well and come back. Mr. Abed said he felt sure it could be moved. Audience member Chuck Jackson (MadRapp) said the lot had more room now with the new design based on the smaller footprint and the more generous setbacks. Members Clatterbuck and Lillard noted that the drainfield and septic are in the new spaces provided by the lot redesign, soi it is still tight. Member Lillard moved that the variance be approved with the condition thati the well must be located a minimum of 50' from the Banks' property line. Member The vote was taken by ballot as amended by a requirement for well placement. Secretary Long Chairman Coppedge asked if there was further business for the Board. With no further business, member Lillard moved to adjourn; member Clatterbuck seconded the motion. The meeting was  tract. Administrator Clatterbuck: said she didn'thave any information on that.  Administrator Clatterbuck said 1958.  this lot is smaller than that.  spent to avoid problems.  Lohr seconded the motion. read the ballots:  Coppedge--Yay; Lohr-Yay; Clatterbuck-Yay Wills-No; Lillard-Yay.  adjourned by Chairman Coppedge.  available  A AGps  Ar recording of this meeting is  upon request from the Zoning Office.