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Botetourt County BZA approves setback variance to allow garage for homeowner citing wife's health
Summary
The Board of Zoning Appeals approved a variance allowing James Richard Hall to build a garage 35 feet from the centerline of Flowing Spring Road instead of the 60-foot setback required by pre-2002 county code; approval included conditions to protect utility easements and to limit the variance to this structure.
The Botetourt County Board of Zoning Appeals on July 8, 2025 approved a variance allowing homeowner James Richard Hall to locate a detached garage 35 feet from the centerline of Flowing Spring Road, down from the 60-foot setback required under the county zoning ordinance that applies to lots platted before 2002.
James Richard Hall, the applicant, told the board the request was driven by his wife’s health and mobility limitations. "She could hardly move," Hall said, saying a cement-floored garage would provide safer, cleaner access for weekly doctor appointments and protect the family car from dust. He said he planned to use historic columns removed from his home so the garage would appear as a carriage house.
Planning Supervisor Jon McCoy explained the technical basis: the parcel (2.94 acres at 4121 Springwood Road, Tax Map 62-21) was platted before the county’s 2002 ordinance rewrite and therefore must meet the older A-1 setback standard that measures 60 feet from the centerline of the roadway. McCoy displayed zoning and aerial maps and noted the site’s frontage on Springwood and Flowing Spring Roads and that Flowing Spring Road runs through the property. He also said the 2002 ordinance could not be waived administratively for lots platted earlier.
Chairman Steven L. Kidd reported a site visit and opposed the request, calling a reduction from 60 to 35 feet "drastic," noting possible conflicts with overhead fiber-optic and telephone lines near the proposed location, and referencing past denials of similar requests. Board members debated site constraints: Hall said septic placement, rocky ground and existing road construction limited buildable options, and staff noted the board could attach conditions to an approval to address utilities and conformance with the site plan.
Mr. Hunter Young moved to approve the variance, with conditions that the garage not be constructed within 35 feet of the centerline of Flowing Spring Road, that construction substantially conform to the submitted site plan, that the building be placed outside of any utility easements, and that the 35-foot variance apply only to this structure. Mr. J. Scott Caldwell seconded. The motion passed 3–1 (Ayes: Hunter Young, Brian Blake, J. Scott Caldwell; No: Steven L. Kidd; Absent: Darrin Hill).
The board’s approval includes the specific conditions described above and limits the reduced setback to the proposed garage on this parcel; utilities and easements were cited as a reason to require conditions and possible further coordination with utility owners. The board’s action resolves the public hearing during the July 8 meeting and establishes those conditions as part of the variance approval.
Next steps: the applicant may proceed subject to the stated conditions and any required building permits or utility clearances. The board record includes the approved motion and the recorded vote.
