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BZA approves 10-foot front-yard setback variance for Lakeside Ready Mix, citing wide VDOT right-of-way
Summary
On Sept. 7, 2010 the Smyth County Board of Zoning Appeals granted Lakeside Ready Mix a variance permitting a 10-foot front-yard setback, citing an unusually wide VDOT right-of-way; the approval passed unanimously among five members present with two absent.
The Smyth County Board of Zoning Appeals on Sept. 7, 2010 approved a variance allowing Lakeside Ready Mix a 10-foot front-yard setback at a property the company previously rezoned to industrial and received a special use permit to operate a concrete manufacturing facility.
Rusty VanDyke, representing Lakeside Ready Mix, described site layout and said the Virginia Department of Transportation's right-of-way at the site consumes significant land, leaving the tract unable to meet the standard front-yard setback unless the applicant purchases part of the right-of-way — a process VanDyke said could take six to twelve months. County staff member Clegg Williams told the board that VDOT filed no concerns so long as no permanent structure is constructed within the VDOT right-of-way.
Upon motion by Mike May, seconded by Newell Johnson, the board voted to grant the variance, citing the extraordinary width of the VDOT right-of-way, the narrowness of the tract and the property's proximity to the railroad. The vote was recorded for the five members present — John Saunders, Newell Johnson, Donald Martin, Mike May and Robert Odum — with John DeBusk III and E. P. Ogle noted as absent.
The board approved the applicant's request subject to the condition noted by staff that no permanent structure be placed within the VDOT right-of-way. Staff was directed to file the decision in county records and notify the applicant.
