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, August 1, 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, Veronica Sheppard; and Mary Cole (recording secretary). . ____________ . On motion of B. Peters second by R. Gentry to approve the minutes of the July 18, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None . ___________ . 11‐027 A public hearing was held for Dontae Johnson., 5005 81st Street., LRSN 3002595. The applicant appeared in person. On motion of J. Pope, second by R. Gentry that the variance which would reduce the required minimum side yard setback from 6 feet to 2.5 feet; enclose an existing carport be denied because: 1. There has been no evidence produced that the strict application of the ordinance would produce undue hardship; and conditions have not changed since the previously requested variance case 10‐23 dated May 17, 2010; and 2. The hardship is shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the variance would be of substantial detriment to adjacent property and the character of the district will be changed by the granting of the variance; and 4. The granting of the variance is not in harmony with the intended spirit and purpose of the ordinance. CONDITIONS: Applicant was advised he has 30 days from August 1, 2011 to appeal the Board’s decision to Circuit Court.  A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None 11‐028 A public hearing was held for LEW & CDW, LLC., 3233 West Mercury Boulevard LRSN 3003423. The applicant appeared by representative, Frear Hawkins (attorney). On motion of J. Pope, second by W. Hobbs that the variance be continued until October 17,2011 to allow an automotive service shop in an existing building because the principal and manager will be out of town until then. CONDITIONS: Continued until October 17, 2011 A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None . . 11‐029 A public hearing was held for Jed Brink., 502 Beach Road, LRSN 1000326. The applicant Jed Brink and contractor Gregory Woodard appeared. On motion of B. Peters, second by W. Hobbs that the variance be granted will reduce the required rear yard setback from 21 feet to 16 feet to allow a 16’x16’ deck 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. CONDITIONS: None A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None 11‐030 A public hearing was held for Alvester and Regina Dent., 10 Pelican Shores Drive, LRSN 13000851. The applicants Alvester and Regina Dent and contractor Lionel Chatten appeared. On motion of B. Peters, second by W. Hobbs that the variance be granted which will reduce the required rear yard setback from 35 feet to 30 feet to allow a 12’x20.10’ 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. CONDITIONS: None 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