THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: SUNDAY, June 12, 1994 TAG: 9406100194
SECTION: CHESAPEAKE CLIPPER PAGE: 09 EDITION: FINAL
SOURCE: BY STEPHANIE STOUGHTON, STAFF WRITER
DATELINE: 940612 LENGTH: Medium
The current agricultural code requires that animal structures be kept 75 feet away from property lines. Farmers have criticized that provision, saying it is complicated and gives ammunition to residents who don't like their animals.
{REST} When the commission passed the code last fall, it didn't consider the ``farmettes'' in south-central Chesapeake. Those mini-farms are so narrow that cutting 75 feet from each side can leave no room to build any structure housing animals.
The amended code, which must be approved by the City Council, is still complicated, but it is designed to give farmers more room to maneuver. It would require that animal structures be kept 125 feet away from homes on neighboring lots and 100 feet away from next-door swimming pools, pool houses, gazebos, decks and patios.
The big difference is that farmers won't have to begin measuring from their property line. They will be able to calculate the distance from a residential structure on their neighbor's property. That distance gives farmers more space to place structures for animals, while keeping a ``reasonable separation'' between livestock and neighbors' homes, planning director Brent Nielson said.
``We met with representatives of the farming community, and so far, all that has been said is good,'' Nielson said.
If passed, it's unclear what effect the zoning change will have on a disagreement between the Bradford Turgeon and his neighbors, the Sweeneys, who live on Shillelagh Road. Turgeon has complained that Joseph and Lakatahasie Sweeney kept too many animals on their property.
After several complaints to the city's zoning division, the Sweeneys were cited for violating one of the setback codes. The Sweeneys pushed for the zoning change and have appealed their citation. A hearing before the zoning Board of Appeals was scheduled for later this month.
``We're not going to do anything until this is resolved,'' said zoning administrator Chester McClain.
If the amended code is passed, there probably will be a two- to three-day delay for residents trying to get approval for animal structures, he said. The reason is that inspectors will be analyzing two or more properties instead of one.
``The only thing that bothers me is that I'm going to have to turn people down at the counter,'' McClain said. He added that his office might ask applicants to sign disclosure forms to speed up the process.
Last month, the Planning Commission amended another zoning code to eliminate a 25-foot setback for fences when agricultural property abuts other agricultural land or a street. The City Council approved the measure last month.
In other action Wednesday night, the Planning Commission approved a zoning change from agricultural to residential that would allow a major housing subdivision at the intersection of Benefit and Shillelagh Roads.
The Planning Department had opposed the switch, saying the area is designated as rural and should stay that way. The Planning Department makes recommendations to both the commission and the council.
Downland Acres will include 22 lots on 90 acres of land. The developer has offered the city about $6,100 per lot to cover the impact of development on schools, said Nielson, the planning director.
by CNB