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, OCTOBER 17, 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/Zoning Services Manager, Joe Dunford; Lesa Yeatts, Sr. Deputy Attorney and Mary Cole (recording secretary). . ____________ . On motion of B. Peters second by R. Gentry to approve the minutes of the October 3, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None . ___________ . 11‐028 A public hearing was held on the variance application submitted by LEW & CDW LLC, 3233 W. Mercury Blvd., LRSN 3003423. Upon request of Mr. Frear Hawkins attorney for the applicant that the variance request be withdrawn, a motion was made by B. Peters and seconded by J. Pope to withdraw the request. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: None . ___________ . 11‐040 A public hearing was held on the variance application submitted by Pray First Mission Ministries, 2165 Cunningham Drive Unit 2173, LRSN 7001532, to reduce the required front building setback from 30 feet to 9.58 feet; reduce the required (right) side building setback from 30 feet to 10.15 feet; reduce the required front parking setback from 30 feet to 9.58 feet; reduce the required rear parking setback from 10 feet to zero feet to allow a church in an existing building and in accordance with the Coliseum Central Design Review Committee. The applicant Edward Henderson appeared before the board. A motion was made by B. Peters and seconded by P. Pope that the variance be granted because: 1. The strict application of the ordinance would produce undue hardship (due to one or more of the following) Exceptional narrowness, shallowness, size or shape of a specific piece of property; 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 not be substantial detriment to adjacent property and that 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; and 5. The CCDRC (Coliseum Central Design Review Committee) has voted to support this application. The following conditions apply: 1. The ministry is to limit occupancy to 45 persons. 2. The use of the facility is limited to Sunday 10:00 am. To 1:00pm. and Wednesdays 5:00pm to 7:00 pm. 3. There will not be a day care or child care use in the building 4. The cars are to park in the rear parking lot 5. If the use of the existing sign cabinet is requested in the future, the ministry is to utilize the existing sign cabinet and the size of the sign area must meet the requirements of the zoning ordinance. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None . ___________ . 11‐041 A public hearing was held on the variance application submitted by Anthony Bradford, 501 Highland Avenue, LRSN 100668. The applicant appeared before the board. A motion was made by J. Pope and second by L. Ellis that the variance be granted to exceed the allowable rear yard coverage from 272 square feet to 345 square feet (20 percent to 25 percent) for accessory structures, to allow an addition on the rear of the main dwelling because:  1. The strict application of the ordinance would produce undue hardship (due to one or more of the following) Exceptional narrowness, shallowness, size or shape of a specific piece of property; 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 not be substantial detriment to adjacent property and that 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: Ellis, Gentry, Peters, Pope, Savage NAYS: None . ___________ . Briefing on Community Plan was presented to the BZA Board by Michael Hayes, Janice Moore and Steve Shapiro on Monday, October 3, 2011. There being no further business before the Board, the meeting was ordered adjourned. __________________________ Thomas Savage, Chairman ____________________________________ Joe Dunford, Acting Clerk to the Board/Zoning Services Manager . _____________ . I hereby file these decisions of the above cases in the office of the Board of Zoning Appeals. ________________________________ Thomas Savage, Chairman