FLUVANNA COUNTY BOARD OF ZONING APPEALS SPECIAL MEETING Morris Room, Fluvanna County Administration Building May 6, 2025 7:00 PM TAB AGENDA ITEMS REGULAR MEETING 1- CALL TO ORDER: Harold Morris, Chairman 2 - ADOPTION OF AGENDA 3 - APPROVAL OF MINUTES Minutes of. January 21, 2025 4 - PUBLIC HEARINGS BZA 25:01 Calderone, Jason Overstreet, Senior Planner BZA 25:02 Pullinger, Jason Overstreet, Senior Planner 5 - UNFINISHED BUSINESS BZA Bylaws Update 6 - NEW BUSINESS None 7 - ADJOURN Guita Apand Planning/Zoning Administrator Review Fluvanna County... The heart of central Virginia and your gateway to the future! For the Hearing-Impaired- - Listening device available in the Board of Supervisors Room upon request. TTY access number is 711 to make arrangements. For Persons with Disabilities- = Ify youl have special needs, please contact the County Administrator's Office at 591-1910. *: * PLEDGE OF ALLEGIANCE I - pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. * * * * * * ORDER 1. It shall be the duty of the Chairman to maintain order and decorum at meetings. The Chairman shall speak to points of order in preference to all other members. 2. In maintaining decorum and propriety of conduct, the Chairman shall not be challenged and no debate shall be allowed until after the Chairman declares that order has been restored. In the event the Commission wishes to debate the matter of the disorder or the bringing of order; the regular business may be suspended by vote of the Commission to discuss the matter. 3. No member or citizen shall be allowed to use abusive language, excessive noise, or in any way incite persons to use such tactics. The Chairman shall be the judge of such breaches, however, the Commission may vote to overrule both. 4. When a person engages in such breaches, the Chairman shall order the person's removal from the building, or may order the person to stand silent, or may, if necessary, order the person removed from the County property. PUBLIC HEARING RULES OF PROCEDURE 1. PURPOSE The purpose of a public hearing is to receive testimony from the public on certain resolutions, ordinances or amendments prior to taking action. AI hearing is not a dialogue or debate. Its express purpose is to receive additional facts, comments and opinion on subject items. 2. SPEAKERS Speakers should approach thel lectern so they may be visible and audible to the commission. Each speaker should clearly state his/her name and address. All comments should be directed to the Commission. All questions should be directed to the Chairman. Members of the Commission are not expected to respond to questions, and response to questions shall be made at the Chairman's discretion. Speakers are encouraged to contact staff regarding unresolved concerns or to receive additional information. Speakers with questions are encouraged to call County staff prior to the public hearing. Speakers should be brief and avoid repetition of previously presented comments. 3. ACTION At the conclusion of the public hearing on each item, the Chairman will close the public hearing. The Commission will proceed with its deliberation and will act on or formally postpone action on such item prior to proceeding to other agenda items. Further public comment after the public hearing has been closed generally will not be permitted. Fluvanna County... The heart of central Virginia and your gateway to the future! For the Hearing-lmpaired- - Listening device available in the Board of Supervisors Room upon request. TTY access number is 711 to make arrangements. For Persons with Disabilities - Ifyoul have special needs, please contact the County Administrator's Office at 591-1910. FLUVANNA COUNTY BOARD OF ZONING APPEALS Fluvanna County Administration Building Morris Room January 21, 2025 7:00 PM Members Present: Harold Morris Peter Von Keyserling Easton Loving Members Absent: Ed Zimmer James Winsett Staff Present: Jason Overstreet, Senior Planner Dan Whitten, County Attorney Margie Bamford, Admin Program Assistant 1. Call to Order: Senior Planner. Jason Overstreet called the Board of Zoning Appeals meeting of January 21, 2025 to order at 7:03 pm. 2. Pledge of Allegiance, Moment of Silence 3. Election of Chair: Harold Morris Was nominated as Chair by Mr. Loving MOTION: Motion to vote Harold Morris as Chair MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 4. Election of Vice-Chair: Peter H. von Keyserling was nominated as Vice Chair by Mr. Loving. MOTION: Motion to vote Peter H. von Keyserling as Vice Chair MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 5. Election of Secretary: Margie Bamford was nominated by Mr. von Keyserling MOTION: Motion to vote Margie Bamford as Secretary MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Motion Second VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 6. Adoption oft the 2025 Meeting Schedule: Members changed November 18 meeting to November 25 due to the PC Meeting. MOTION: Motion to adopt the 2025 meeting calendar with changes MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 7. Adoption oft the By Laws and Procedures: Mr. Whitten explained there would be changes to the by laws at the next meeting MOTION: Motion to adopt the 2025 By Laws and Procedures MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 8. Adoption of Agenda: MOTION: To Adopt the Agenda for January 21, 2025 MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 9. Approval of Minutes: MOTION: Board of Zoning Appeals Minutes of October 15, 2024 MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 10. Public Hearing: BZA 24:03 - Bruce Patterson: A request for a twenty (20) foot Variance to Section 22-5-4 of the Fluvanna County Code to allow for the reduction of the required minimum front setback from seventy-five (75) feet to fifty-five (55) feet with respect to 0.588 acres of Tax Map 51A, Section A, Parcel 49. The subject property is zoned R-1, Residential, Limited, and is located in the Fork Union Community Planning Area and int the Fork Union Election District. The Senior Planner presented the request to the Board and informed them that the requested variances could be altered ifr necessary. Mr. von Keyserling questioned that this was bringing it more into conformity with the county code. Mr. Overstreet confirmed that it was. Mr. Overstreet went over the existing conditions. Imove to adopt Resolution 01-2025 for BZA 24:03-Bruce Patterson: A request for a twenty (20) foot Variance to Section 22-5-4 of the Fluvanna County Code to allow for the reduction of the required minimum front setback from seventy-five (75) feet to fifty-five (55) MOTION: feet with respect to 0.588 acres of Tax Map 51A, Section A, Parcel 49. The subject property is zoned R-1, Residential, Limited, and is located in the Fork Union Community Planning Area and in the Fork Union Election District. MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Motion Second VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved 11. Unfinished Business: None 12. New Business: None 13. Adjournment: MOTION: Adjourn at 7:19 pm by consent. MEMBER: Morris Keyserling Loving Zimmer Winsett ACTION: Second Motion VOTE: Yes Yes Yes Absent Absent RESULT: 3-0 Approved > Meeting Minutes were recorded my Margie Bamford, Secretary to the Board of Zoning Appeals Chairman Harold Morris Fluvanna County Board of Zoning Appeals 132 Main Street P.O. Box 540 COUNTY OF FLUVANNA Palmyra, VA 22963 (434)591-1910 Responsive & Responsible Govermment Fax (434)591-1911 ww.flvammacoutyorg BOARD OF ZONING APPEALS STAFF REPORT To: Board ofZoning Appeals From: Jason Overstreet, Senior Planner Case: BZA 25:01 Variance District: Cunningham District Date: May 6, 2025 Tax Map: 47 Section A Parcel 42 General Info: The Board of Zoning Appeals is scheduled to hear this request on Tuesday, May 6, 2025 at 7:00 pm in the Morris Room of the County Administration Building. Applicants: Alfonso Calderone Request: BZA 25:01 - Alfonso Calderone: A request for a seventy-nine (79) foot Variance to Section 22-4-3 (C) (1) (a) of the Fluvanna County Code to allow for the reduction of the required minimum frontage from five hundred (500) feet to four hundred and twenty-one (421) feet with respect to 11.04 acres of Tax Map 47, Section A, Parcel 42. The subject property is zoned A-1, Agricultural, General, and is located in the Rural Residential Planning Area and in the Cunningham Election District. (Attachment A) Code Section: Fluvanna County Code Sec. 22-4-3 C) (1) (a) Location: The subject property is located in the Cunningham Election District on the north side ofWest River Road, Route 6, and is approximately 0.6 miles east from its intersection with Paynes Landing Road, Route 611. (Attachment B) Existing Zoning: A-1, Agricultural, General Existing Land Use: AgnculnureUndeveloped - Residential Adjacent. Land Use: Vacant or Single-Family Suburban - Residential Comprehensive Plan: Rural Residential Planning Area Analysis: The applicant is seeking a variance of seventy-nine feet (79') from the required five hundred foot (500') minimum frontage on West River Road. The parcel has approximately 421 feet of frontage and is considered nonconforming. The parcel's frontage was established prior to the adoption of any zoning ordinance requirements. The applicant has provided documentation of email communications with a previous Planning Director that indicated the viability of performing a family subdivision on the parcel. Family subdivisions are not required to contain road frontage and are only required to have a 20' access easement to a public road. They have previously been approved without requiring the residual parcel to meet all current regulations including road frontage. However, Sec. 22-16-7 of the Code of Fluvanna prohibits the creation oflots below width and area requirements. In order to divide a nonconforming lot, it is first required to obtain a variance. 22-4-3 (C)( (1) (a) Minimum frontage required on U.S. Route 250, U.S. Route 15, VA. Primary Routes 6, 53, and VA. Secondary Route 616: 500 feet As stated in Section 22-18-2(B) of the Fluvanna County Code, the Board of Zoning Appeals must consider certain statutory considerations when reviewing a variance request. The Board may grant a variance if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting ofthe variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time oft the effective date of the ordinance, and: i. the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; ii. the granting oft the variance will not be ofsubstantial detriment to adjacent property and nearby properties in the proximity ofthat geographical area; iii. the condition or situation oft the property concerned is not ofso general or recurring ai nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; iv. the granting ofthe variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and V. the relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time ofthe filing ofthe variance application. The Board must make each oft the above findings in order to grant a variance as required by the Code ofVirginia. Approval of a variance that does not meet each finding would be unlawful. The Board may impose, as part of an approval, conditions regarding the location, character, and other features oft the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. After evaluation ofthe above factors, staffhas the following comments: The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance: The property was acquired in good faith and the hardship was not created by the applicant. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity ofthat geographical area: The granting of the variance will have limited if any impact on the adjacent and nearby properties. The condition or situation of the property concerned is not ofso general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance: The conditions affecting this property, while not necessarily limited to this parcel, are not of sO general a nature to require a new regulation. The Family Subdivision process should be reviewed and potentially amended in order to clarify the requirements as they relate to other zoning and subdivision requirements. The granting oft the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification ofthe property: Granting oft the requested variance would not result in a change to the zoning classification nor would it result in a use that is not permitted. The reliefo or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application: A special use permit solution or process is not available for this particular variance application. No zoning ordinance amendment has been proposed nori is there onein process for this section oft the ordinance. Suggested Motion: I move to adopt/deny/defer Resolution 02-2025 for BZA 25:01 - Alfonso Calderone: A request for a seventy-nine (79) foot Variance to Section 22-4-3 (C) (1) (a) ofthe Fluvanna County Code to allow for the reduction ofthe required minimum frontage from five hundred (500) feet to four hundred and twenty-one (421) feet with respect to 11.04 acres of Tax Map 47, Section A, Parcel 42. Attachments: A - Application B - Aerial Map - -Plats COMMONWEALTH OF VIRGINIA COUNTY OF FLUVANNA Variance Application (BZA) Owner of Record: ALFONSO CALDEROMÉ Applicant of Record: ALFONSo CALDENOME E911 Address: 4203 WIBST AIVRR RND, Sconsuut E911 Address: 4 Zo3 WEST RIVEA ROAD Phone: ax: 24590 Phone Fax: Email: Email: Representative: BRINH RAY Note: If applicant is anyone other than the owner of record, written authorization bythe owner designating E911 Address: 663 BENKAAN CT, CHARLO MRSVILA the applicant as the authorized agent for all matters VA 22901 concerning the request shall be filed witht this Phone: Fax: application. Email: 230002636 + Tax Map and Parcel(s): 47-A-42 Deed Book Reference: 20000045 4 Acreage: 11.04AC. Zoning: A-1 Deed Restrictions? & No C Yes (Attach copy) E911 Address of Parcel: 4203 WEST RIVER RD Description of Property: /1.04ACnEs Locmto OA STATR /ROUTE lo Request for a variance from Section 22-+-360006) ofthe Fluvanna County Code in respect to the requirement for in order to build Filli in only the line(s) that apply toy your request(s) Applicant has Coder requires or permits Variance requested Total Area Lot Width Front yard: setback Minimum side yard setback Totals side yard setback Rear yard setback Public road frontage 421.66' 500' 79,34' Other (write in) Two copies ofa ap plan must bes submitted,: showing sizea andl location oft the lot, dimensions and location oft the proposed building, structure orp proposed use, andthe dimensions: andl locationoft thee existing structures on: thel lot. Bys signing this application, theu undersigned: authorizes entry onto the property by County employees, the PlanningCommision, the! Board of Supervisors, and thel Boardo of Zoning Appeals duringt ther normal discharge of their dutiesi ini regardtot thisr request. Allplatsr myst be folded to submissign to theplanning Department. Rolled plans will not! be accepted. LPONSO - ESTE DE LONE V MURO ROSSFRCA Owner/Applicant Name (Please Print) Date 012472025 Owner/Applicant Signature (hls Kosilo OFFICEUSE ONLY Date Received: PH Sign Deposit Received: Application #: BZA : $550 plus mailing cost and fee paid: Mailing Costs: $20.00 Adjacent Property Owner (APO) after 1st 15, Certified Election District: Planning Area: Approved Denied Date: Zoning Administrator: Fluvanna County Department of Planning & Community Development * Box 540 Palmyra, VAZ 22963 (434)591-1910 * Fax (434)591-1911 This form is available on the Fluvanna County website: www.fiwvanmaroumyor Form Updated June 21, 2017 COMMONWEALTH OF VIRGINIA COUNTY OF FLUVANNA Public Hearing Sign Deposit Name: AL FOMSO CALDENOME Address: 4203 WIRST ALIVRA RUAD City: SconsvIuE State: VA Zip Code: 24590 hereby certify that the sign issued to me is my responsibility while in my possession. Incidents which cause damage, theft, or destruction ofthese signs will cause a partial orfull forfentureofthisdeposit. Applicant Signature Date, a4/2625 *Number of signs depends on number of roadways property adjoins. OFFICE USE ONLY Application #: BZA CPA : SUP. ZMP. ZTA $90 deposit paid per sign*: Approximate date to be returned: Fluvanna County Department of Planning & Community Development * Box 540 * Palmyra, VA: 22963 * (434)591-1910 * Fax (434/591-1911 This form is available on the Fluvanna County website: www.co.ftuvamnavaus IMPROVEMENTS PROPOSED Describe theimprovements proposed. State whether new buildings or structures are to be constructed, existing buildings or structures aret to be used, ora additions made to existing buildings or: structures. Pnupesks FAHVILY DIISION FOR SoNt. SPECIAL CONDITIONS Relatel here the special conditions or circumstances (topography, soilt type, shape of property) peculiart to the above described land, building, or structure ort tot thei intended use or development oft thel land, building ors structure involved that do not applyg generallyto other propertyinthesamer district. THE Exszina PANCRL HAS LESS THRH THL KAMMIAKVEN PMMALE RR GUIRRG Fur RUTE 6. MUHEH PUNCIASIAL THE ADDITIONAL PNVBNTY VH 2023,THE COMKKVHIN DEVPLOPKIET DINECTA ADVISRO THAT THIS CovuD 33 DMIDED VSIu FAMILY DIVISIOA. a UNNECESSARY HARDSHIP Describe here how the literal interpretation and enforcement of Section 22-4-3 of the Zoning Ordinance would effectively prohibit or unreasonably restrict the use or intended use or development of the properties involved by the applicant. THE PNWPRNTY AS PUACIASKD WITI+ THÈ 1MTEReT 76 PMIVIDE PAMILY DIMISION Ap THE COMAVNaY DENEPKAT DINELTA STATKD THIS Couro HAPPRNL, SRiL Ewau PAIRD SRPT. 7,2023. ADJACENT PROPERTY (Cupy OF EWAIL IS ATTACHED) Describe the effects ofthis variance on adjacent property andi thes surrounding neighborhood. Howwill adjoining property owners be protected. THR FAMILY D/VISION wIL USE THÉ EuSTIL DMVEVAN AHo TIR SRIBAKS FNurk THR DMEAY AMD STATR ROTE Lo waL HSUNR THATI TE HUSR VILL Bi AVAY Frusn PLAN MRICHONINL L PMoPRNTIES. Furnish plot plan showing boundaries and dimensions of property, width of abutting right-c -of-ways, location and size of buildings and structures on the site, roadways, walks, off-street parking and loading space, landscaping and the like. (Architect's sketches showing elevations ofp proposed buildings and structures and complete plans are desirable and may! be required with the application ifa available.) SER ATACHRO AMAP 45B UNIHRHOVED 4 ROAD 99 34 129 3566 BBE a 1X - #4203 - - a E CEMETERY JNMA ED ONE RALF E ATIO ALFONS ON N UDD 486 ID STON LOT ACHES 094 SETBACK 200 57 a 8 D C / M POLE A C TAVETE RES REREDAD C 6 = ROUTE 421.66 STATE 9 FRDNTAGE - 37 A45B E A 431 77 BZA 25:01 Variance Request TMP 47-A-42 47A42 A42 430 Zn 15 47 A40 47A39 - EUNE 47-A45 Date: 3/13/2025 2 RESIDUE VICINITY MAP THE DIVISION AND/OR REDIVISION OF LAND DESCRIBED HEREON T.M.47-A-45B SCALE: 1"-1+/- MILE IS_WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER (S). PROPRIETORS, AND/OR TRUSTEES. FOR OR SITE REVIEW FOR y RIVER WEST JOHN F. CELIN REVIEW - ROAD BRIAN S. M. 47-A-42 Lic. No. 002281 RAY 621 683 05/08/2023 LANTRE ROCKFISH APPROVED FOR RECORDATION : LANE 646 RUN FOR ROAD UDBIRRNS PAYNES HARDWARE REVIEW 611 LANDING ROAD ROAD DIRECTOR OF PLANNING DATE NOTES: 1. T.M.47-A-42 & T.M37-A-45B ARE ZONED A-1. 2. THE BOUNDARY DATA SHOWN HEREON FOR THE NEW DIVISION LINES BETWEEN REVISED T.M. 47-A-42 AND THE RESIDUE OF I.M.37-A-45B IS BASED ON A CURRENT FIELD SURVEY. ALL OTHER BOUNDARY DATA SHOWN HEREON WAS TAKEN FROM A PLAT BY THIS_FIAM, DATED AUGUST 9,2019, RECORDED IN INSTRUMENT #200000454, ROTATED TO GRID NORTH, AND WAS NOT RESURVEYED THIS DATE. (2019) DENOTES YEAR MONUMENTATION WAS PREVIOUSLY RESIDUE FOUND OR SET BY THIS FIRM. T.M.37-A-45B JOHN F. .CELIN 3. ACREAGES BEFORE THIS BOUNDARY LINE ADJUSTMENT: INST #200000454 PLAT T-M.47-A-42 T.M.37-A-45B- 6.04 357.93+/- ACRES ACRES (INST. (INST. #200000454 #200000454 PLAT) PLAT) D.B.289-564 P.B.1-199 PLAT 4. T.M.37-A-45B IS SUBJECT TO A CEMETERY RESERVATION BY J. W. HARDING, HIS HEIRS & ASSIGNS IN/D.B.25-412 AND A ONE HALF ACRE RESERVATION FOR GRAVEYARD FOR JOHNSON HEIRS RECORDED IN D.B.2-219 & 220. 5. NO TITLE REPORT FURNISHED. NO EASEMENTS SHOWN. THIS PROPERTY IS SUBJECT TO ANY CONDITIONS, UTILITIES, EASEMENTS, AND/OR COVENANTS THAT MAY EXIST. BOUNDARY LINE ADJUSTMENT PLAT PARCEL X, CONTAINING 5.00 ACRES A PORTION OF T.M.37-A-45B THE PROPERTY OF JOHN F.CELIN BEING ADDED TO AND COMBINED WITH T.M.47-A-42 THE PROPERTY OF ALFONSO CALDERONE & ROSELLA MURO AND NEW 50'PRIVATE RIGHT-OF-WAY LOCATED ON STATE ROUTE 6 (WEST RIVER ROAD) ABOUT FOUR MILES WEST OF KIDDS STORE SITE CUNNINGHAM MAGISTERIAL DISTRICT FLUVANNA COUNTY, VIRGINIA SCALE: 1" = 100' DATE: MAY 8, 2023. D 6 T.M. 47-A-42 ROUTE FOR: 11.04 ACRES STATE RIVER ROAD ROBERTO CELIN AND JOHN CELIN WEST 31.2023 ROGER W. RAY & ASSOC. INC. 663 BERKMAR COURT F - Count KEY MAP CHARLOTTESVILLE. VIRGINIA 22901 SCALE: 1" = 800' . TELEPHONE: RAYSURVÈYING. (434) 293-3195 COM Pla ng, Des GL SHEET 1 OF 2 10503C T.M.37-A-45B PARCEL B JOHN F. .CELIN a INST. #200000454 PLAT D.B. 289-564 P. .B.1-199 PLAT UNIMPROVED X IF 5758 RESIDUE= 352.93+/- ACRES ROAD B 55'E 349. 66 IF PBR 58 E IS S50:24'16"E 55 102.77 IF NER TOAT 5 PARCEL X (2019) 3 5.00 ACRES IS O 1 8 REVISED T.M. 47-A-42 ACRES 11.04 - TOTAL & CEMETERY (2019) IS HEADSTONES) (UNMARKED ONE HALF ACRE RESERVATION FOR GRAVEYARD FOR N53'19'40"W IS JOHNSON HEIRS T.M. .47-A-43C T. .M. 47-A-42 113.00' (2019) RECORDED IN IS LOT1 T.M.47-2-B ALFONSO CALDERONE D.B. 2-219 & 220 TROY CAMPBELL & PARCEL B & ROSELLA MURO (MISS. SUE JOHNSON 1848-1925) MAXWELL CAMPBELL JOYCE GARDNER FETTEROLF INST. #200000454 PLAT (MRS.A ADA SUDDARTH 1860-1924) INST.A220003737 D.B.328-263 D.B. 958-678 PLAT N32. *14'04"W Ba D.B.216-219 PLAT D.B.244-600 216.99' Gns D.B.75-119 PLAT t A. 05 PF SL7B m 52 IF (2019) 58" IS; 302. L LEGEND: 425.73 9B.10 354.63' PF 14"W 9 IF IRON FOUND 09"W (2019) 3 S76" *10' PF s73 53' 207.47 u IF A IS IRON SET (2019) IF NEW 50'PRIVATE IS (2019) RIGHT-OF-WAY A OVERHEAD UTILITY LINE (2019) 115.57 T.M. 47-A-40 3*06' 33" PF PIPE FOUND 4.56' KEVIN MICHAEL GENTRY A =7770.00' IF FOR INST. #220002017 L =421.66 3 (2019) (2019) YEAR MONUMENTATION WAS D.B.145-533 PLAT T -210.88: REVIEW PREVIOUSLY FOUND OR SET T.M. 47-A-39 C =421.61:. BY THIS FIRM. SHELBY D. RASNAKE CB-S75-41'39"W LINE SCALE: 1" = 100' W.B.23-189 D.B.75-51 T.M. 47-A-41 UTILITY & DATE: MAY 8, 2023 D.B.236-352A PLAT TRACY R. SHULL B F. DMENEAD THOMAS SHULL, II POLE C ROAD D.B. 818-582 ESMILETES RIVER D.B.64-322 DESC. IF WEST (2019) C 6 ROGER W. RAY & ASSOC. INC. 663 BERKMAR COURT GRAPHIC SCALE 1"=100' ROUTE CHARLOTTESVILLE VIRGINIA 22901 C STATE TELEPHONE: (434) 293-3195 RAYSURVEYING.COM 0 100 200 300 GL SHEET 2 OF 2 10503C 132 Main Street P.O. Box 540 COUNTY OF FLUVANNA Palmyra, VA 22963 (434) 591-1910 Responsive & Responsible Govermment" Fax (434) 591-1911 wwW fluvannacounty.org PUBLIC HEARING NOTICE April 25, 2025 RE: Board of Zoning Appeals = Variance Requests This is to notify you that the Fluvanna County Board of Zoning Appeals will hold public hearings on: Meeting: Board of Zoning Appeals Regular Meeting Date: May 6, 2025 Location: Morris Room of Fluvanna County Administration Building 132 Main Street Palmyra, VA 22963 BZA 25:01 = Alfonso Calderone: A request for a seventy-nine (79) foot Variance to Section 22-4- 3 (C) (1) (a) of the Fluvanna County Code to allow for the reduction of the required minimum frontage from five hundred (500) feet to four hundred and twenty-one (421) feet with respect to 11.04 acres of Tax Map 47, Section A, Parcel 42. The subject property is zoned A-1, Agricultural, General, and is located in the Rural Residential Planning Area and in the Cunningham Election District. The meeting of the Board of Zoning Appeals will be in person and instructions for public participation during the meeting will be made available on the Fluvanna County website: www.flwannacounty.os Interested persons may submit written comments prior to the scheduled meeting to planning@fluvannacounty.org or call 434.591.1910, between 8:00 am and 5:00 pm Monday - Friday or visit the County Administration Building at 132 Main Street Palmyra, VA 22963. Sincerely, Jason Ouerstreet Jason Overstreet, CZA Senior Planner ADJACENT PROPERTY OWNERS BZA 25:01 TAX MAP NAME ADDRESS CITY/STATE/ZIP 37-A-45B Roberto Celin 4425 West River Rd Scottsville Va, 24590 47-2-B Joyce Fetterolf 1702 Locust Grove Rd Topping Va, 23169 47-A-39 Shelby Rasnake PO Box 24 Scottsville Va, 24590 47-A-40 Kevin Gentry 4149 West River Rd Scottsville Va, 24590 47-A-41 Tracy and Thomas Shull 4207 West River Rd Scottsville Va, 24590 47-A-43C Tory and Maxwell Campbell 4361 West River Rd Scottsville Va, 24590 BOARD OF ZONING APPEALS Resolution No. 02-2025 A RESOLUTION APPROVING VARIANCE CASE NUMBER BZA 25:01 WHEREAS a request for a seventy-nine (79) foot Variance to Section 22-4-3 (C) (1) (a) ofthe Fluvanna County Code to allow for the reduction ofthe required minimum frontage from five hundred (500) feet to four hundred and twenty-one (421) feet with respect to 11.04 acres of Tax Map 47, Section A, Parcel 42 has been made to the Board; and, WHEREAS, the Board, having considered the evidence presented to it as reflected in the record of this case, finding as facts that the strict application of the terms oft the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time ofthe effective date of the ordinance; and, WHEREAS, the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; the condition or situation of the property concerned is not of SO general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and the relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing ofthe variance application. NOW THERFORE BE IT RESOLVED, by the Board of Zoning Appeals, that the strict terms of the Fluvanna County Zoning Ordinance be varied with respect to the property described as set forth in the application for case number BZA 25:01. The foregoing resolution was duly and regularly adopted by the Fluvanna County Board of Zoning Appeals on this Sixth day of May 2025. Attest: OUN Harold Morris, Chair a Fluvanna Board ofZoning Appeals 132 Main Street P.O. Box 540 COUNTY OF FLUVANNA Palmyra, VA 22963 (434)591-1910 Responsive & Responsible Govermment Fax (434)591-1911 www.flvamacounty, org BOARD OF ZONING APPEALS STAFF REPORT To: Board ofZoning Appeals From: Jason Overstreet, Senior Planner Case: BZA 25:02 Variance District: Cunningham District Date: May 6, 2025 Tax Map: 17 Section 7 Parcel 3 General Info: The Board of Zoning Appeals is scheduled to hear this request on Tuesday, May 6, 2025 at 7:00 pm in the Morris Room of the County Administration Building. Applicants: Stephen Pullinger Request: BZA 25:02 = Stephen Pullinger: A request for a forty-six (46) foot Variance to Section 22-4-3 (D) of the Fluvanna County Code to allow for the reduction of the required minimum lot width at the minimum required setback from three hundred (300) feet to two hundred and fifty-four (254) feet with respect to 8.814 acres ofTax Map 17, Section 7, Parcel 3. The subject property is zoned A-1, Agricultural, General, and is located in the Rural Residential Planning Area and in the Cunningham Election District. Code Section: Fluvanna County Code Minimum lot width at minimum required setback shall be equal to the minimum required frontage. Location: The subject property is located in the Cunningham Election District on the north side of Ruritan Lake Road, Route 619, and is approximately 0.4 miles west from its intersection with Branch Road, Route 761. Existing Zoning: A-1, Agricultural, General Existing Land Use: Residential Adiacent Land Use: Vacant and Residential Comprehensive Plan: Rural Residential Planning Area Analysis: The applicant is seeking a variance of forty-six feet (46') from the required three hundred foot (300") minimum lot width prescribed by Sec. 22-4-3 (D). The variance is requested in order to allow a boundary line adjustment with the adjacent parcel on the east, TMP 17-A-50. The applicant has provided documentation indicating that a boundary line adjustment was approved in 2008 that created the non-conforming condition oft the single-family dwelling on TMP 17-A-50. The boundary adjustment will bring the existing single-family dwelling on this parcel into compliance with Sec. 22-4-3 (F). minimum side yard requirements. 22-4-3 (D) Minimum lot width at minimum required setback shall be equal to the minimum required frontage. As stated in Section 22-18-2(B) of the Fluvanna County Code, the Board of Zoning Appeals must consider certain statutory considerations when reviewing a variance request. The Board may grant a variance if the evidence shows that the strict application of the terms oft the ordinance would unreasonably restrict the utilization of the property or that the granting ofthe variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time oft the effective date oft the ordinance, and: i. the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; ii. the granting ofthe variance will not be ofsubstantial detriment to adjacent property and nearby properties in the proximity ofthat geographical area; iii. the condition or situation ofthe property concerned is not of so general or recurring ai nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; iv. the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and V. the relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time ofthe filing of the variance application. The Board must make each oft the above findings in order to grant a variance as required by the Code ofVirginia. Approval of a variance that does not meet each finding would be unlawful. The Board may impose, as part ofan approval, conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. After evaluation of the above factors, staff has the following comments: The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance: The property was acquired in good faith and the hardship was not created by the applicant. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area: The granting of the variance will have limited if any impact on the adjacent and nearby properties. The condition or situation ofthe property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance: The conditions affecting this property, while not necessarily limited to this parcel, are not ofs so general a nature to require a new regulation. The granting ofthe variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification oft the property: Granting of the requested variance would not result in a change to the zoning classification nor would it result in a use that is not permitted. The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application: A special use permit solution or process is not available for this particular variance application. No zoning ordinance amendment has been proposed nori is there one in process for this section of the ordinance. Suggested Motion: I move to adopt/deny/defer Resolution 02-2025 for BZA 25:01 - A request for a forty-six (46) foot Variance to Section 22-4-3 (D) of the Fluvanna County Code to allow for the reduction of the required minimum lot width at the minimum required setback from three hundred (300) feet to two hundred and fifty-four (254) feet with respect to 8.814 acres of Tax Map 17, Section 7, Parcel 3. Attachments: A - Application B - Aerial Map C -Plats COMMONWEALTH OF VIRGINIA COUNTY OF FLUVANNA Variance Application (BZA) Owner of Record: Stephen Pullinger Applicant of Record: Same E911 Address: 2893 Ruritan Lake Rd.ScottsvlleVA 24590 E911 Address: Same Phone: Fax: Phone: Same Fax: Email: Email: Same Representative: Bryan Chambers Note: If applicant is anyone other than the owner of record, written authorization by the owner designating E911 Address: 253 Willow Dr., Keswick, Va. 22947 the applicant as the authorized agent for all matters Phone: Fax: concerning the request shall be filed with this application. Email: Tax Map and Parcel(s): TM 17 (7)-3 Deed Book Reference: DB 700-876 DB 785-672 Acreage: 9.626 Ac. Zoning: A-1 Deed Restrictions? a No Yes (Attach copy) E911 Address of Parcel: 2893 Ruritan Lake Rd.ScottsvillevA 24590 Description of Property: Wooded residential property Request for a variance from Section Sec. 22-4-3 (D) of the Fluvanna County Code in respect to the requirement for 300' width at the building setback in order te-build to avoid existing building setback encroachment Filli in only the line(s) that applyt to your request/s) Applicant has Code requires or permits Variance requested Total Area Lot Width 254.56 300.00 46.0' Front yard setback Minimum: side yard setback Total side) yard setback Rear yard setback Public road frontage Other (writei in) Two copies ofa a plan must be submitted, showing size and location ofthe lot, dimensions and location ofthep proposed building, structure or proposed use, and1 the dimensions and location of the existing structures on the lot. By signing this application, the undersigned: authorizes entry onto the property by County employees, the Planning Commission, the Board of Supervisors, andt the Board of Zoning Appeals during the normal dischare oft their duties in regard to this request All plats must bet folded prior to submission to the Planning Department. Rolled plans will notbe açcepted. W IA a - K 3- / / tph Owner/Abplicant Name (Please Print) Date Owner/Applicant Signature OFFICE USE ONLY Date Received: 3121195 PHS Sign Deposit Received:5D Application #: BZA5: 05 $550 Fee Paid 1e3 Election District: /I Minghar Planning Area: Leas 0 Mlescont Approved Denied Date: Zoning Administrator: Fluvanna County Department of Planning & Community Development Box 540* Palmyra, VA 22963 (434)591-1910- Fax (434)591-1911 This form is available on the Fluvanna Countywebsite: www.fwannacountyorg COMMONWEALTH OF VIRGINIA COUNTY OF FLUVANNA Public Hearing Sign Deposit Name: Stephen Pullinger Address: 2893 Ruritan Lake Rd. City: Scottsville State: Virginia Zip Code: 24590 Ihereby certify that the sign issued to me is my responsibility while in my possession. Incidents which cause damage, theft, or destruction of these signs will cause a partial orfull forfeiture of this deposit. Stople 39135 Applicant Signature 71 Date Ruja *Number of signs depends on number of roadways property adjoins. OFFICE USE ONLY Application #: BZA 85:0 CPA SUP : ZMP ZTA $50 deposit paid per sign*: Approximate date to be returned: Fluvanna County Department of Planning & Community Development * Box! 540*F Palmyra, VA: 22963 "(4341591-1910'Fax (434)591-1911 Thisi formi is available ont the Fluvanna County website: www.ofuvannaxaus IMPROVEMENTS: PROPOSED Describe thei improvements proposed. State whether new buildings or structures are to be constructed, are to be used, or additions made to existing buildings or structures. existing buildings or structures No improvements are proposed. SPECIAL CONDITIONS Relate here the special conditions or circumstances (topography, soil type, shape of property) peculiar to the above or described building, structure or to the intended use or development ofthe land, building or structure involved that do land, other property in the same district. not apply generally to TM 17 (7) -3 was previously approved with a "foot" at Route 619 that created a building setback encroachment on an existing home. UNNECESSARY HARDSHIP Describe here how the literal interpretation and enforcement of Section Sec. 22-4-3 oft the Zoning Ordinance would prohibit or unreasonably restrict the use or intended use or development of the properties involved by the applicant. effectively The building setback encroachment on the existing home creates a condition which causes exceptions/ concems from a title company upon the sale of the home, a hardship for Mr. Stephen Pullinger who would like to adjust boundaries between his two adjoining lots and sell the home in the near future. ADJACENT PROPERTY Describe the effects of this variance on adjacent property and the surrounding neighborhood. How will adjoining property owners be protected. No improvements are proposed. No additional lots are being created, and no adjoining lots are being reconfigured other than the lots Mr. Pullinger ownes. PLAN Furnish plot plan showing boundaries and dimensions of property, width of abutting right-of-ways, location and size of! structures buildings on and the site, roadways, walks, off-street parking and loading space, landscaping and the like. (Architect's sketches elevations of proposed buildings and structures and complete plans are desirable and may be required with the application showing if available.) A "Preliminary Plat Showing A Boundary Adjustment Of Tax Map 17 (A) -50 & Tax Map 17 (7) -3" in the "Cunningham District, Fluvanna County, Va.", "Properties Of Stephen Pullinger is being submitted with this application. 0 E 771 17A52A BZA 25:02 Variance Request TMP 17-7-3 1773 1773 73A 17 A43 17A51 A 50; 15 - V LAFE RD 6 17A49 17A72C 17A71B 17A71A Date: 4/23/2025 17143 Owner's Approval Thep platting and boundary adjustment of TM #7(A)- -50& TM17 (-3 (Property of Stephen Pullinger recordedin DB 959-502, DB 700-876, & DB 785-672 andlocatedint the Cunninghamk Mag. District) is with thei free consent & in accordance with the desire oft the undersignod owners, proprietorsand trustees, ifa any. No new public streets have been created No lote covenants andrestrictions have been provided. Cp 1-05 - Wl Stephen Pullinger Date - To witness the forgoinginstrument was acknowiedged M before me this day of My commission expires I / Surveyor's Statement Fluvanna Co. Approval Ihereby certily that, to the best of myknowledge The boundarya adjustment shown hereon has been and belief, alli requirements of tho Board of Super- reviewed & approved by the undersigned ina accord- visors and ordinances of Fluvanna Co, Virginia, reg- ance with existing regulations, & may be committed arding the platting af boundary adjustments within to record. the county, have been complied with. Fluvanna Co. Planning Date Bryan. J.I Chambers Date And CommuniyDerelopment Notes: 1) This property is zonedA-1. Permitted residential density is 1 dwelling unit per 2 acres. Lot size is 2 acres minimum. Roadf frontage and width at the building setback for TM1 17 (A)-50i is 300 minimum peri the Fluv. Zoning Ord. (as modified and appoved by! BZA25: on / 1251 fora a 46' variance request appliedt to the 300 building setback width). Building setbacks for residences are: Front = 125 off the RWfor Rte 619& 100 off the road entrance into TM1 17 (7)-3, Side = 50, Rear = 75. Accessory! setbacks are: Front = 125 5 the RWfor Rte 619& 100 off the road entrance into TM1 17 (7)-3, 15 side, &25 rear. Building setbacks have been approved and are as shown on the plat recorded in DB 785-675. 2) This propertyisr not withina anAgricultural & Forestall District. 3) This propertyis noti in a 100y year fiood hazzard area pert the FEMAFlood Ins. Rate Mapf for this location. 4) Thee existing 20 access easement shown hereon ist for a private driveway anditv was recorded in DB 700-878. VDOT and Fluvanna Co. are not responsible for its maintenance. 5) Parts OfTM1 17 (A) -50,Areas (A) 0.464Ac, and (B) 0.414Ac, are to be combined with TM 17 (7)-3 & are not separate building sites. Part OfTM 17 ()-3,Area (C) 0.066Ac, is to be combined with TM17 (A). -50 & isr not a separate building site. 6) The boundaryfor TM17 (A) -50 was! based on surveys by Robert Lum andP. Timothy Stanley, Jr. recordedi in DB 700-878, DB 785 Pgs 674-675, & DB 958-30.A current field survey byt this office tied into irons around the perimeter OfTM17 (A).-50. The boundary was alligned with a centerpoint for the two front irons at Rte619. Deviations from calculated plat comers to physicaly located irons are noted on Sheet2 2 oft this plat. The boundary for TM17 (7)3 was taken from the surveys mentioned above. No currents survey work was done by this office aroundi its perimeter. 7)7 This survey was perfored without benefit of a title report &n may or may not include all easements ande encumbrances on the property. 619 3 53 619 Cunningham 761 680 660 53 Vicinity Map NOB - Scale: 1": = 2 mi. Property Owned By: Stephen Pullinger 2893 Ruritan Lake Rd. ScottsvilleVA B 24590 Ph: (434) 249-0419 ByanJ. Chambers Preliminary Plat Showing No. 0403002141 A Boundary Agjustment Of Tax Map 17 (A) -50 & Tax Map 17( ()-3 Cunningham District, Fluvanna County, Va. No - 0 E Properties Of Stephen Pullinger SURVE Scale: 1"= 100'; Date: March 19, 2025 Chambers Land Surveying Located @ Lake Monticello Va. (434) 962-3746 n' 50" 0 100' Mailing Addr: 253 Willow Dr., Keswick, Va. 22947 - Sheet 1 OF2 Preliminary Plat Showing Howland A Boundary Adjustment Of R., Jr. & Laurie Ann Tax Map 17(A) -50 & Tax Map 17 (7)-3 Inst# 180002106 Hilsinger Plat Cunningham District, Fluvanna County, Va. PB 1-149 Plat Properties Of Stephen Pullinger TM 17 (A) 52A Scale: 1" = 100'; Date: March 19, 2025 Chambers Land Surveying Located @ Lake Monticello Va. (434) 962-3746 Mailing Addr: 253 Willow Dr, Keswick, Va. 22947 Center Of20' Access Easement NO. BEARING DISTANCE AA N5401829"E 9.42: 75 Bid AB N64°00'08"E 45.85 Setback AC N70-30'06"E 127.19 AD N39-2803"E 37.47 AE N3204658"E 234.53 AF N41°32'04"E 44.83' Site AG N52°45'59"E 46.18" House Shown On Plat In a DB 785-675 Stephen Pullinger DB 700-876 w! Plat DB 785-672 w! Plat Refer to the plat in: DB 958-30 New TM 17 (7) -3 8814AC*04B4ACA, + 0.414Ac(B) 0.066AC (C) = 9.626Acres Residue S > a 4 Iron Fnd @ 0.11' $1948 50 Bldg S70°47W SE Setback o Area (A) 0.464 Ac, Ref Note 5 S55°5921"E 437.08' Iron Set Iron Fnd 3 - 9 @ N50°07'E 0.23 S 9 8.0'> x 10.4 Wood Shed 75 Bldg. Setback (Accessory Structure) Stephen Pullinger DB 959-502 &% Refer to plats in: DB 700-878 DB 785 Pgs 674-675 & DB 958-30 New TM 17 (A) -50 5.1 139AC-0464ACA) -0.414Ac(B): + 0.066Ac (C) : 4.327 Acres Residue iron Fnd - 38.6 x 60.7 Split Level Brick Home e @ 0.09 S07°25'E w! 20.1'x2 26.8 Brick Roof Carport Overhang (4) y: w!: 2.1 Width BIT ronFnd Setback Setraen @ - Bldg - Old Well 125 Bldg a Ref Nole 25456 -N50-3916"E UGI Fuel B 7 N 6 127.53' Tank ( 6 UN o New Well -158.8' 1.09 Drainage m C Area (C) - 0.066 Ac, Iron Tie 6 LE2pi00 Roue (2) * Ref Note 5 260.07 Fnd - 619 L=144.90 V N58-5644W 40 RM. Furtant - Iron Fnd (1) DB 71-1 Lake Rd. B - 100' 50' 100 Overhead Util's Sheet 2 Of2 0785 785 674 0674E MAGESTERIAL BOUNDARY UNE ADJUSIMENT OF TM 17 PARCEL (7) 3 LOCATED IN THE CUNNINGHAM N/A DISTRICT AND RECORDED IN DB 700 PAGE 876 CONTANNG 6681 ACRES AND COUNTY DESIGNATED TM 17-7-3 AND MM 17 PARCEL (A) 50 LOCATED IN THE CUNNINGHAM SANITARIAN DATE MAGESTERIAL OISTRICT AND RECORDED N 08 89 PAGE 677 CONTAINING 8.478 AND OESIGNATED TM 17-A-50 IS WTH FREE CONSENT OF AND IN ACCORDANCE WTH ACRES THE DESIRES N/A OF THE UNDERSIGNED OWNERS. V.D.O.T. DATE & THE BOUNDARY UNE ADJUSTMENT B- al a HEREON SHOWN HAS BEEN REMEWED Stephen' 'T. Pullinger R AND APPROVED BY THE UNDERSIGNED N Pulinger ACCORDANCE WTH EWSTING 8 REGULATIONS AND MAY BE COMMITTED BE TO RECORD. CA4 RgA bolil Ww. Berye Pulinger Lompel STATE OF: VheGIAFA STATE Director of Planning & Deveopment OF: Viginis 6 ary/COUNTY OFF FludAdA to-wit enr/COUNTY OF: Flsine 5 it: Date: 9-508 The 3 foregping was acknowledgad before me by The foregoing was acknowledged o py - HEREBY GERTFY THAT, TO THE BEST Stephen L. Pullinger this JR Pullinger and Beryle B. REQUIREMENTS OF MY KNOWLEDGE AND BELEF, ALL OF THE BOARD OF M 4 7day of Avk. 2008 47- day of Sepl 26 SUPERVISORS AND ORDNANCES OF FLUVANNA COUNTY, VIRGINIA, REGARDING THE PLATING OF BOUNDARY UNE - ADJUSTMENTS WTHIN THE COUNTY HAVE 72 liA fau BEEN COMPLIED WTH, 7Nctory Publis, Notary Publl My commission expires: AAR 30 2009 My commission expires: 2:18-1009 Registrotion Number: 3l2 AS Registration Number: 13al13 P. Timothiy Stonley, Jr. o PTMOTHY STANLEY,R Lic. No. 2862 < ake/os ANo m PLAT SHOMING BOUNDARY, ADJUSTHENT PAE MAP 17 PARCEL (7) 3 & (4) 50 THE STEPHEN PULLINGER PROPERTY CUNNIMCHAN DISTRICT, FLUVANNA COUNTY, VIRCINIA SCALE: 1" = 200 DATE: AUGUST 20, 2008 170703dug Folder Na. 17-50 WUM, STANLEY AND ASSOCIATES, PLC LAND SURVEYING-LAND PLANNING PA. BOY 154, PALIYRA, VA. 22963-0154 ZONED A-1 PHONE: (434) 589-8395 SHEET 1 OF 2 0785 785 675 0675 43734E - a bapa? provigus egi DE prt: SNd UTA iei e COURSE AONG CRLIN hs st 331 Deen arpred mut Deafs at Euert 1:e at 2d tufs Beareg ssonce iraiges "Eezyaly edicte 3E mcraces Br " perpety € Mecaisrn * 5014852 17 46 N usera CA restistans. conditces SAE rseruotgns oortoees ws S ecur Ai deds sa * 54.3 CRa and ose sstrinss smyobutieg Farservave 6g a 1 AMa st Sr % 4.39 ths ppaly * ry 20t gwsy IPratise s :es cetarad thergt 2 79 orwiss DEOVE egectis 66 4 ZONED A 1 a B6, MNERS # & Berye B fuleg s 2 Tog % Oeita Cod chars Becr 7233 Runta ugs Rouc C1 92350 4 * 4 0 Stettanle. 24593 923 X 291.00 3 CS 79450 1 03 161 3 9 414 543-876. Stton Ptege 17 SSA 265 Tatey ay T 24 CRACE D REGS RUST Sute : W DB 312-850 ares. yA 22953 TV 17-7-2 35 Pa 143 CHC A & 6 5 - 04 ASI CCAKER D8) 424 -534 K 08 136 516 FIAT a a 13 166-300 FSAT a 2 D3 GIC-56 PLAT 6 % IZANE o aX Ka RoE Set. 53893 3 a - KER Ksd faund N353 3. M TV 17-7-3 ESTN, 1G EPEN 7 PHUENCER / CASEENT à 06 08 885 A 6 200-836 8 700-678 PuT a N ASYA X. - G68: E 4 FORION 01 à - 233 HES A5AS 0 * A 0 * 9 $ & 6819 ACRs IDTA TM E7-7-3 3439 ACRES - - IARS R. RR * - 9 - AET PSLLNGER e 700-576 a D G 6P B8 700-878 PAT " % € & 40 - EKSTAR 17-A-30 $ - sE K & BEKYME & - a 6 6 PSALINGEE * S UB 84-577 9H 3A--68 PLAT a MELI 548 ARES % 2:31ACE AREE r % 6 - a45 MRES RIAKIN & * S- 1 12 302 - e 2 AMES R. e d 46 à ANET PULNCES * DB 2-342 S D3 121-346 PAT ) 2 : E 6 a : & t - : Building E Setback w Encroachment $9438, ES ( * Bheles BECORSEL SES CFICE FLUANA CoA 0M FEERJARY 27 2007 AT D:sGAA pouste a +sre CLER. 53 SECOALED B: RMAT SRIN, ACNEAY ADSSTKIT 77 MAP :R FAREL 2) 24415 54 517 VIES THE STEPHEN PULLINGER PROPERTY 761 CUNNINCEAK MSYBJIT. SUANA au. Tcatt 3 g on SE : 200 DAIE ABCUST 3 2008 179703 ay Fsidar Aa 50 660 5M, SFANIET ANS ASSIATES, AC ND SIRTEMINE-CAND PLLNNINK aca 206. s 600 A Pa BCE 156 aA 1 22551-036 555552 ZONED HSONf (e34 589-8395 GRAPHIC SCAIE FE3r SHEE) Z 132 Main Street P.O. Box 540 COUNTY OF FLUVANNA Palmyra, VA: 22963 (434) 591-1910 Responsive & Responsible Govermment" Fax (434) 591-1911 www fluvannacounty.org PUBLIC HEARING NOTICE April 25, 2025 RE: Board of Zoning Appeals - Variance Requests This is to notify you that the Fluvanna County Board of Zoning Appeals will hold public hearings on: Meeting: Board of Zoning Appeals Regular Meeting Date: May 6, 2025 Location: Morris Room of Fluvanna County Administration Building 132 Main Street Palmyra, VA 22963 BZA 25:02 Stephen Pullinger: A request for a forty-six (46) foot Variance to Section 22-4-3 (D) oft the Fluvanna County Code to allow for the reduction of the required minimum lot width at the minimum required setback from three hundred (300) feet to two hundred and fifty-four (254) feet with respect to 8.814 acres of Tax Map 17, Section 7, Parcel 3. The subject property is zoned A-1, Agricultural, General, and is located in the Rural Residential Planning Area and in the Cunningham Election District. The meeting of the Board of Zoning Appeals will be in person and instructions for public participation during the meeting will be made available on the Fluvanna County website: wwwtwannacountyors Interested persons may submit written comments prior to the scheduled meeting to planning@fluvannacounty.org or call 434.591.1910, between 8:00 am and 5:00 pm Monday - Friday or visit the County Administration Building at 132 Main Street Palmyra, VA 22963. Sincerely, Jason Ouerstreet Jason Overstreet, CZA Senior Planner ADJACENT PROPERTY OWNERS BZA 25:02 TAX MAP NAME ADDRESS CITY/STATE/ZIP 17-A-50 Stephen Pullinger 265 Turkey Sag Trl Ste 102 Palmyra Va 22963 17-7-3A James and Janet Pullinger 3067 Ruritan Lake Rd Scottsville Va 24590 17-A-52A Laurie and Howard Hilsinger 979 Nahor Manor Rd Palmyra Va 22963 17-7-2 Craig and Amy Conner 2731 Ruritan Lake Rd Scottsville Va 24590 BOARD OF ZONING APPEALS Resolution No. 02-2025 A RESOLUTION APPROVING VARIANCE CASE NUMBER BZA 25:02 WHEREAS a request for a forty-six (46) foot Variance to Section 22-4-3 (D) ofthe Fluvanna County Code to allow for the reduction ofthe required minimum lot width at the minimum required setback from three hundred (300) feet to two hundred and fifty- four (254) feet with respect to 8.814 acres ofTax Map 17, Section 7, Parcel 3 has been made to the Board; and, WHEREAS, the Board, having considered the evidence presented to it as reflected in the record of this case, finding as facts that the strict application of the terms oft the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time ofthe effective date of the ordinance; and, WHEREAS, the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; the condition or situation of the property concerned is not of SO general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and the relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing ofthe variance application. NOW THERFORE BE IT RESOLVED, by the Board of Zoning Appeals, that the strict terms of the Fluvanna County Zoning Ordinance be varied with respect to the property described as set forth in the application for case number BZA 25:02. The foregoing resolution was duly and regularly adopted by the Fluvanna County Board of Zoning Appeals on this sixth day ofMay 2025. Attest: OUN Harold Morris, Chair a Fluvanna Board ofZoning Appeals BY - LAWS FLUVANNA COUNTY BOARD OF ZONING APPEALS Amended May 6, 2025 I. OBJECTIVES; READOPTION AND AMENDMENT This Board of Zoning Appeals, established pursuant to an ordinance adopted by the Fluvanna County Board of Supervisors and effective on the 1st day January 1974, adopted the following provisions in order to facilitate its powers and duties in accordance with (Chapter 11, Title 15, Article 8, Section 15.1-495 Code of Virginia, 1950 as amended). These Bylaws are hereby amended and readopted pursuant to Title 15.2, Subtitle II, Ch. 22, Art. 7 of the Code of Virginia (1950), as amended, and are effective on and after February 6, 2023. II. TITLE The official title ofthis board shall be the Fluvanna County Board of Zoning Appeals. III. RULES FOR MEMBERS Members having any interest or personal concern over a case shall SO state and shall disqualify themselves from acting on that case; and shall, in all cases, comply with the Code of Virginia regarding conflicts of interests (Title 2.2, Subtitle I, Part E, Ch. 31). IV. SELECTION OF OFFICERS The officers of the Board of Zoning Appeals shall consist of a chairman, vice chairman, and a secretary who shall be elected by the board in accordance with Virginia Code Sec. 15.2-2308-C. The secretary may or may not be a member ofthe board. Each officer shall be elected for a term ofone year and may be reelected; except that the secretary, if not a member of the board, may be appointed for an indefinite term and continue office during the pleasure of the board. Nominations shall be made by members from the floor at the first regular meeting of each calendar year. A candidate receiving a majority vote ofthe entire membership ofthe board shall be declared elected and take office immediately and serve for one year or until his successor shall take office. Vacancies in office shall be filled immediately by regular election procedures. V. DUTIES OF OFFICERS The chairman shall be a citizen member of the Board of Zoning Appeals and shall preside at all meetings for the board; sign all actions passed by the board certifying that the same were duly adopted. After his signature is affixed to any action, the same shall be considered immediately entered as a public record. The vice chairman shall be a citizen member of the board and shall act in the absence or inability ofthe chairman to act; and shall have the powers to function in the same capacity ofthe chairman in cases oft the chairman's inability to act. The secretary shall keep a written record of all business transacted by the board; Notify all members and other parties as the chairman may direct on all meetings; Keep a file of all official records and reports ift the board; Certify all maps, records and reports of the board; Serve notice ofa all hearings and public meetings; Attend to correspondence of the board as hereinafter prescribed; Keep a set of minutes as hereinafter prescribed, together with a verbatim record of all proceedings ofthe board; and Prepare and be responsible for the publishing of notices and advertisements relating to public hearings in section VI of these By- Laws. VI. MEETINGS Regular meetings of the Board of Zoning Appeals shall be held the third Tuesday of the month beginning at 6:00 P.M except as provided by a majority vote ofthe board. When ai meeting date falls on a legal holiday, the meeting shall be held on the following day unless otherwise designated by the chairman. Special meetings may be called at the request of a quorum of the membership or by the chairman when appropriate work load require same to be held. Written notice of meetings shall be given to each member at least five days prior to such meetings and shall state the purpose and time of the meeting. Such notice may be delivered by regular mail or by electronic transmission, to the extent authorized by the addressee. All regular hearings, records, and accounts shall be open to the public as provided by law. Closed meetings may be held in accordance with the Virginia Freedom of Information Act (Title 2.2, Subtitle II, Part B, Ch. 37). A majority of the membership of the board shall constitute a quorum. The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof pursuant to Virginia Code Sec. 15.2-2311, shall, in addition, cause such notice to be advertised in accordance with the provisions ofVirginia Code Sec. 2204, and shall decide the same within ninety (90) days. In exercising its powers, the board my reverse or affirm, wholly or partly, or may: modify the order, requirement, decision, or determination appealed from. The concurring vote of a majority of all members shall be necessary to reverse any order, requirement, and decision, or determination of an administrative officer or to decide in favor of the applicant or any matter upon which it is required to pass under the ordinance or to effect any variance from the zoning ordinance. Voting shall be by roll call, and a record oft the vote shall be kept as a part of the minutes. Except as otherwise expressly provided by these Bylaws or by law, procedures for meetings ofthe board shall be governed by Robert's Rules of Order, 12th Edition. VII. POLICY FOR REMOTE PARTICIPATION OF MEMBERS OF THE FLUVANNA COUNTY BOARD OF ZONING APPEALS AT MEETINGS OF THE BOARD A. Authority and Scope 1. This policy shall govern participation by an individual member oft the Board of Zoning Appeals of Fluvanna County, Virginia, by electronic communication means in public meetings ofthe Board ofZoning Appeals ofFluvanna County, Virginia, and any closed session of the Board held in accordance with applicable law, from and after the date of adoption of this policy. 2. This policy is adopted pursuant to the authorization ofVa. Code 8 2.2-3708.3 and is to be strictly construed in conformance with the Virginia Freedom of Information Act (VFOIA), Va. Code S 2.2-3700 et seq. 3. Any reference to a specific provision of federal, state, or local law referenced in this policy shall mean such provision of law, as amended from time to time, or as set forth in any successor provision dealing with substantially the same subject. B. Definitions 1. "Caregiver" means a caregiver as defined by Va. Code & 2.2-3701. 2. "Member" means any member of the Board ofZoning Appeals 3. "Remote participation" means participation by an individual member of the Board by electronic communication means in a public meeting where a quorum of the Board is physically assembled, as defined by Va. Code $ 2.2-3701. For purposes of determining whether a quorum is physically assembled, an individual member whoi is a person with a disability as defined in Va. Code $51.5-40.10 oris a caregiver as defined in Va. Code $2.2-3701 and uses remote participation counts toward the quorum as if the individual was physically present. 4. "Meeting" means a meeting as defined by Va. Code $ 2.2-3701. 5. "Notify" or "notifies, 29 for purposes of this policy, means verbal or written notice that is reasonable under the circumstances, with written notice, such as by email or letter, being the preferred means of notice. Notwithstanding the foregoing, notice does not include text messages or communications via social media. 6. "VFOIA" means the Virginia Freedom of Information Act, Va. Code $ 2.2-3700, et seq. C. Mandatory Requirements Regardless ofthe reasons why the member is participating in a meeting from a remote location by electronic communication means, the following conditions must be met for the member to participate remotely: 1. A quorum ofthe Board must be physically assembled at the primary or central meeting location; and 2. Arrangements have been made for the voice of the remotely participating member to be heard by all persons at the primary or central meeting location. If at any point during the meeting the voice ofthe remotely participating member is no longer able to bel heard by all persons at the meeting location, the remotely participating member shall no longer be permitted to participate remotely. 3. For purposes of determining whether a quorum is physically assembled, an individual member who is a person witha disability as defined in Va. Code $51.5- 40.1 ori is a caregiver and uses remote participation counts toward the quorum as if the individual was physically present. D. Process to Request Remote Participation 1. On or before the day of the meeting, and at any point before the meeting begins, the requesting member must notify the Board Chair (or the Vice-Chair if the requesting member is the Chair) that such member is physically unable to attend a meeting due to (i) a temporary or permanent disability or other medical condition that prevents the member's physical attendance, (ii) a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance, or the member is a caregiver who must provide care for a person with a disability at the time the public meeting is being held thereby preventing the member's physical attendance. (ini) such member's principal residence location more than 60 miles from the meeting location, or (iv) a personal matter and identifies with specificity the nature of the personal matter. 2. Ift the requesting member is unable physically to attend the meeting due to a personal matter, the requesting member must state with specificity the nature of the personal matter and that such matter renders the requesting member unable physically to attend. Remote participation due to a personal matter 1s limited each calendar year to two meetings or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. There is no limit to the number of times that a member may participate remotely for the other authorized purposes listed in (i) - (in) above. 3. The requesting member is not obligated to provide independent verification regarding the reason for such member's nonattendance, including the temporary or permanent disability or other medical condition or the family member's medical condition that prevents the member's physical attendance at the meeting. 4. The Chair (or the Vice-Chair if the requesting member is the Chair) shall promptly notify the requesting member whether the request is in conformance with this policy, and therefore approved or disapproved. E. Process to Confirm Approval or Disapproval of Participation from a Remote Location When a quorum of the Board has assembled for the meeting, the Board shall vote to determine whether: 1. The Chair's decision to approve or disapprove the requesting member's request to participate from a remote location was in conformance with this policy; and 2. The voice of the remotely participating member can be heard by all persons at the primary or central meeting location. F. Recording in Minutes 1. If the member is allowed to participate remotely due to a temporary or permanent disability or other medical condition, a family member's medical condition that requires the member to provide care to the family member, or the member is a caregiver who must provide care for a person with a disability.or because the member's] principal residence is located more than 60 miles from the meeting location the Board shall record in its minutes (1) the foregoing circumstance due to which the member is participating remotely; (2) the Board's 's approval of the member's remote participation; and (3) a general description of the remote location from which the member participated. 2. Ifthe member is allowed to participate remotely due to a personal matter, the Board shall record in its minutes (1) the specific nature ofsuch personal matter that renders the requesting member unable to attend stated by the requesting member; (2) how many times the member has attended remotely due to a personal matter; (3) the Board's approval oft the member's remote participation; and (4) a general description oft the remote location from which the member participated. 3. Ifa member's S request to participate remotely is disapproved, the disapproval, including the grounds upon which the requested participation violates this policy or VFOIA, shall be recorded in the minutes with specificity. G. Closed Session If the Board goes into closed session, the member may continue to participate remotely in the closed session, and shall ensure that no third party is able to hear or otherwise observe the closed meeting. H. Strict and Uniform Application of this Policy This Policy shall be applied strictly and uniformly, without exception, to the entire membership, and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. Unless independently received by County staff, the Chair (or Vice-Chair) shall provide County staff with copies of the member's written request to participate remotely and the written response, as applicable, if the request or response is in writing, to be retained by County staff for a period of one year, or other such time required by records retention laws, regulations, and policies. I. Meetings Held Through Electronic Communication Means During Declared States of Emergency 1. In addition to the foregoing, pursuant to the Code ofVirginia Section 2.2-3708.2(A)(2) the Board of Zoning Appeals may meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with the Code ofVirginia Section 44- 146.17, or Fluvanna County has declared a local state of emergency pursuant to Code ofVirginia Section 44-146.21, provided that (i) the catastrophic nature ofthe declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency provide for the continuity of operations of the Board or the discharge ofi its lawful purposes, duties, and responsibilities. The Board of Zoning Appeals when convening a meeting in accordance with this subdivision (I) shall: a. Give public notice using the best available method given the nature of the emergency, which notice shall be given contemporancousiy with the notice provided to members ofthe Board ofZoning Appeals conducting the meeting; b. Make arrangements for public access to such meeting through electronic communication means; C. Provide the public with the opportunity to comment at those meetings of the Commission when public comment 1s customarily received; d. Otherwise comply with the provisions of the Code of VFOIA; and e. State in its minutes the nature oft the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held. J. Nothing in this Section VII shall be construed to prohibit the use of interactive audio or video means to expand public participation. VIII. ORDER OF BUSINESS The order of! business for a regular meeting shall be: 1. Call to order by the chairman; 2. Roll call; 3. Determination of quorum; 4. Approval of minutes; 5. Report oft the secretary; 6. Report ofs special committees (if any); 7. Unfinished business; 8. Public hearings; 9. Closed meeting (if any); 10. Adjournment The secretary shall take down motions as accurately as possible to reflect the intent of the board. Any member may require that the secretary read back each motion before a vote is taken. The names ofthe persons making and seconding motions shall be recorded by the secretary. The Board ofZoning Appeals shall keep a set of all minutes for all regular, adjourned and special meetings as well as committee meetings. The secretary shall sign all minutes and certify copies following the adoption of the minutes with any corrections. IX. HEARINGS In addition to those required by law the board may at its discretion hold public hearings when it decides such hearings will be in the public's interest. The chairman of the board may administer oaths and compel the attendance of witnesses The secretary shall notify the parties in interest and the Zoning Administrator ofi its decision. X. CORRESPONDENCE It shall be the duty oft the secretary to draft and sign all correspondence necessary for the Board. It shall be the duty of the secretary to communicate by writing, by telephone or by electronic communication as authorized by these Bylaws or by law whenever necessary to make communications that cannot be carried out as rapidly as required through direct correspondence. All official papers and plans involving the authority of the board shall bear the signature of the chairman or acting chairman. Copies of same shall be certified by the secretary. XI. AMENDMENTS These rules may be changed by a majority vote of the entire membership. The board may temporarily suspend any of the rules by a unanimous vote of members present.