Board of Zoning Appeals Agendas and Minutes

AT A REGULAR MEETING FOR THE BOARD OF ZONING APPEALS OF THE CITY OF HAMPTON, VIRGINIA, HELD IN THE CITY HALL HARDY CASH CONFERENCE ROOM, July 18, 2011. Chairman Thomas Savage called the meeting to order. Upon roll call the following answered as present: Rodney Gentry, William Hobbs, Burnett Peters, John C. Pope and Thomas Savage. Also present were Clerk to the Board, Steven Shapiro; Deputy City Attorney, Lesa Yeatts; and Mary Cole (recording secretary). . ____________ . On motion of B. Peters second by R. Gentry to approve the minutes of the June 20, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None ABSTAIN: . ___________ . 11‐023 A public hearing was held for Wharton Construction Co., 710 Spruce Street, LRSN 1000657. The applicant appeared by representative, William Wharton. On motion of J. Pope, second by W. Hobbs that the variance be granted which will reduce, the required rear yard setback from 31.66 feet to 25 feet to allow a single‐family dwelling because: 1. The strict application of the ordinance would produce undue hardship due to the irregular shape of the lot and the property backs up to the railroad tracks; and 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and 4. The granting of the variance is in harmony with the intended spirit and purpose of the ordinance. A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope NAYS: None ABSTAIN: Savage 11‐025 A public hearing was held for Taco Bell of America, Inc. 1118 Big Bethel Road., LRSN 4002760. The applicant appeared by representative, Christa Pickrell of Cardinal Signs, and Alice Murphy, construction manager of Taco Bell. On motion of J. Pope, second by W. Hobbs that the variance be granted which will increase, the allowed sign area from 24 square feet to 34.27 square feet, and increase the sign height from 6 feet to 7.1 feet to allow an increase to the existing menu board because: 1. The strict application of the ordinance would produce undue hardship due to Federally mandated nutritional information be required to be on menu boards; and 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and 4. The granting of the variance is in harmony with the intended spirit and purpose of the ordinance. A roll call vote on the motion resulted as follows: AYES: Hobbs, Peters, Pope, Savage NAYS: Gentry . ___________ . 11‐026 A public hearing was held for Theodore and Marie Carrington., 1422 Adams Circle., LRSN 12003092. The applicant appeared in person. Also representing Theodore and Marie Carrington was Tony Collins of Custom Design Works. On motion of B. Peters, second by R. Gentry that the variance be granted which will reduce the required rear yard setback from 28.33 feet to 18.5 feet to allow a 16’x 24’ addition on the rear of the dwelling because: 1. The strict application of the ordinance would produce undue hardship due to the irregular shape of the lot; and 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and 4. The granting of the variance is in harmony with the intended spirit and purpose of the ordinance.  The following condition applies: The applicant must meet the 20 percent rear yard coverage requirement, remove the shed or return before the Board for another variance. A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None . ___________ . There being no further business before the Board, the meeting was ordered adjourned. __________________________ Thomas Savage, Chairman ____________________________________ Steven Shapiro, Clerk to the Board . _____________ . I hereby file these decisions of the above cases in the office of the Board of Zoning Appeals. ________________________________ Thomas Savage, Chairman