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, SEPTEMBER 19, 2011. Chairman Thomas Savage called the meeting to order. Upon roll call the following answered as present: Linda Ellis, Rodney Gentry, Burnett Peters, John C. Pope and Thomas Savage. Also present were Clerk to the Board, Steven Shapiro; Lesa Yeatts, City Attorney’s Office and Mary Cole (recording secretary). . ____________ . On motion of R. Gentry second by W. Hobbs to approve the minutes of the August 15, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: Ellis . ___________ . 11‐033 A public hearing was held on the variance application submitted by David Shane Sherrod, 39 Hampton Roads Avenue LRSN 1006187. The applicant appeared before the board. A motion was made by R. Gentry and seconded by B. Peters that the variance be denied to increase the height of a fence from 6 feet to 7.5 feet because: 1. The hardship is shared generally by other properties in the same zoning district and the same vicinity: and 2. The authorization of the variance will be of substantial detriment to adjacent property and that the character of the district will be changed by the granting of the variance; and 3. The granting of the variance is not in harmony with the intended spirit of the ordinance. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None Applicant was advised he has 30 days to appeal the Board’s decision. . ___________  . 11‐034 A public hearing was held on the variance application submitted by John Wilmer, 130 South 5th Street, LRSN 12007048 to reduce the required setback from 15feet to 7 feet (to the main dwelling) and increase the allowed rear yard coverage from 20% (536 sq. ft) to 33% (897 sq. ft) to allow a 12’x16’ second level addition to the existing garage. The applicant appeared before the board. The applicant requested time to consider alternate configurations. A motion was made by R. Gentry and seconded by B. Peters that the variance be continued to the meeting of October 3, 2011 to allow applicant time to review other alternatives to original request (i.e. vacating property line between lots 8 & 9). A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None . ___________ . 11‐036 A public hearing was held on the variance application submitted by Dan Dudley, 1382 Big Bethel Road LRSN 5000084. Upon request of applicant that the variance request be withdrawn. A motion was made by J. Pope and seconded by B. Peters to withdraw the request. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None . ___________ . 11‐035 A public hearing was held on the application submitted by Peter O’Shaugnessy to appeal the Zoning Administrator’s July 1st decision that the structure on Lot N‐3, LRSN 13002947 is not a fence. The appellant appeared before the Board. A motion was made by R. Gentry and seconded by L. Ellis that the Zoning Administrator’s decision that the structure on this parcel is not a fence be upheld. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None Applicant was advised he has 30 days to appeal the Board’s decision. 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