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, NOVEMBER 21, 2011. Chairman Thomas Savage called the meeting to order. Upon roll call the following answered as present: Rodney Gentry, Burnett Peters, John C. Pope Alt. Billy Hobbs and Thomas Savage. Also present were Clerk to the Board Steve Shapiro; Lesa Yeatts, Sr. Deputy Attorney and Mary Cole (recording secretary). . ____________ . On motion of R. Gentry second by B. Peters to approve the minutes of the November 7, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: Hobbs . ___________ . 11‐045 A public hearing was held on the variance application submitted by Hampton University, 427 East Queen Street, LRSN 12001060 & 519 East Queen Street, LRSN 12001061, to be considered for a variance to reduce the required side yard setback from 30 feet to 14 feet to allow a new Research Center Building. The applicant represented by Arthur Kamp appeared before the board. A motion was made by B. Peters and second by J. Pope that the variance request to 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 will not be of 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  A roll call vote on the motion resulted as follows: AYES: Gentry, Peters, Pope, Alt Hobbs, Savage NAYS: None ABSTAIN: None . ___________ . 11‐046 A public hearing was held on the variance application submitted by Todd W. Gensler, 42 Bay Front Place., LRSN 12007770, for a variance to reduce the required side yard setback from 3 feet to 0.5 (one half inch), to allow a generator to be placed in the side yard. The applicant Mr. Gensler appeared before the board. A motion was made by J. Pope and second by B. Hobbs that the variance request to 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 will not be of 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: Peters, Pope, Alt Hobbs, Savage NAYS: Gentry ABSTAIN: None . _____ . 11‐047 Ronald F. Hogge, 116 Lighthouse Dr., LRSN 10000938, a public hearing was held on an appeal of the Zoning Administrator’s Decision that the proposed windmill to be located at 116 Lighthouse Drive is considered to be an accessory structure. The applicant represented by Mr. Cumming appeared before the board. A motion was made by R. Gentry and seconded by B. Peters to uphold the decision of the Zoning Administrator. A roll call vote on the motion resulted as follows: AYES: Gentry, Peters, NAYS: Pope, Savage, Alt Hobbs ABSTAIN: None A motion was made by B. Hobbs and second by J. Pope to not uphold the Zoning Administrator’s decision. A roll call vote on the motion resulted as follows: AYES: Pope, Savage, Alt. Hobbs NAYS: Gentry, Peters ABSTAIN: None . ___________ . There being no further business before the Board, the meeting was ordered adjourned. __________________________ Thomas Savage, Chairman ____________________________________ Steve 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