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, DECEMBER 5, 2011. Chairman Thomas Savage called the meeting to order. Upon roll call the following answered as present: Linda Ellis, Burnett Peters, John C. Pope 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 J. Pope second by B. Peters to approve the minutes of the November 21, 2011 meeting as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Gentry The Zoning Administrator/Clerk to the Board Steven Shapiro addressed the applicants to advise that there were only four Board members present, Board Member Rodney Gentry was absent and that three positive votes are required for a motion to pass. He stated that anyone wishing to have their case continued so that the matter could be heard by a full Board should state so at that time. . ___________ . 11‐043 A public hearing was held on the variance application submitted by Abundant Life Tabernacle, 101 Blackburn Lane, LRSN 5000205, requesting a variance to reduce the required side yard building setback from 30’ to zero feet to allow an 18’ x 30’ addition on an existing church. The applicants were not present but had submitted an oral request to continue the matter. A motion was made by J. Pope and seconded by B. Peters to continue the matter to March 19, 2012. A roll call vote on the motion resulted as follows: AYES: Ellis, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Gentry . ___________ . 11‐048 A public hearing was held on the variance application submitted by Hampton University, 2 Eaton Street, LRSN 2003199, which will increase the allowed sign area from 243 sq. ft. to 300 sq. ft. to allow a wall sign on the building. A motion was made by B. Peters and second by L. Ellis 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: Ellis, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Gentry  . _____ . 11‐049 A public hearing was held on the appeal filed by Adams Outdoor Advertising, 404 Industry Drive, LRSN 1000372, of the Zoning Administrator’s October 4, 2011 decision to not allow an off‐premise advertising sign because the Zoning Administrator’s interpretation was that the ability to remove or relocate an existing sign resides with the property that contained such a sign on September 1, 1988 (401 Copeland Drive). The applicant represented by Mr. Cumming appeared before the board. A motion was made by J. Pope and second by L. Ellis to not uphold the Zoning Administrator’s decision. A roll call vote on the motion resulted as follows: AYES: Ellis, Pope, Savage NAYS: Peters ABSTAIN: None ABSENT: Gentry . ___________ . 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