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In other business, the BZA denied a request for a variance made by Merill and Merilee Poe of Amissville. The Poes asked for the variance so that they could build a 24’x 28’ addition on to their house. A variance was needed because the addition Would bring the house to a distance of 26 feet from the side boundary of their property. The side set-back requirement is 50 feet.
The Poes said that they could not build the addition on to the back of the house because of a tree and their septic field. They also said that their neighbor was not in opposition to the addition being built on the side.
Monahan told the Poes that the only way the BZA could grant their variance would be if they could prove that by not granting the request the BZA would be placing them under undo hardship. “That means that if you don’t have the variance you won’t be able to use the property at all or it would make an unconstitutional hardship on you,” Monahan said.
The Planning Commission had recommended denial of the variance since the side set-back requirement could not be met, which placed the request in conflict with the Zoning Ordinance.
The BZA denied the variance request because the Poes could not demonstrate undo hardship. The Poes can now either buy the property beside them, ask the Board of Supervisors to change the ordinance or appeal the BZA’s decision to the Circuit Court.
The BZA also granted two special use permits for Kenneth Pankow and Paul C. Vogel to reside in trailers while they have their homes built. Pankow’s lot is off of Route 647 in Flint Hill, and Vogel will live in a motor home with his wife on their lot on Route 622 near Rock Mills. Both permits were issued for a year only.
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