Smyth County BZA approves setback and lot-size variances in Marion and Saltville

The Smyth County Board of Zoning Appeals voted May 4, 2021 to approve two variance applications after public hearings and discussion.

The board approved a variance requested by Robert J. and Patsy R. Cregger to allow a carport located 14 feet from the center of Crisp Road to remain, short of the 40-foot front setback in section 3-2.4(a) of the county zoning code. Clegg Williams, a staff member in the Building and Zoning Department, told the panel he had learned from the Virginia Department of Transportation that Crisp Road is a 30-foot prescriptive right-of-way. The Planning Commission had recommended approval. The motion to approve the Cregger variance, moved by Bill Moss and seconded by Jerl Armstrong, passed 5-1 with one member absent; board member Daniel Sturgill voted no.

At the hearing, Robert Cregger said the carport "helps to block the smoke from the neighbor's chimney" and presented a doctor’s note describing breathing issues; Patsy Cregger added that the carport is set back from the road and that a ditch separates it from Crisp Road. Adjoining property owner Tom Williams testified that vehicles associated with the Creggers were driving on his yard, leaving tire tracks, and said a state police officer told him "no one can drive on your yard, without your permission." Williams also said his chimney installation had been inspected and approved by the Building and Zoning Department.

The board also approved a variance requested by Mark Roberts and James Perry to subdivide a 1.34-acre parcel in Saltville that had been composed of many small tracts. Roberts and Perry removed one dwelling and asked to divide the parcel into four tracts so that three remaining homes would each sit on a separate lot. They provided septic permits for each residence and had a survey prepared to ensure each proposed lot included the existing septic system and driveway while maintaining a 15-foot separation from neighboring homes. The Planning Commission recommended approval. The motion by Robert Shults and seconded by Bill Moss passed 6-0 with one member absent.

Board members questioned whether there would be adequate space on the smaller lots to install replacement septic systems if one failed; Clegg Williams said that the Health Department permits and the survey were part of the applicants' submittal but did not indicate there was an immediate solution if a replacement system were required.

Chairman Newell Johnson closed the public hearing at about 6:07 p.m.; the board took the votes that approved both variances.