Board of Zoning Appeals Agendas and Minutes

AT A REGULAR MEETING OF THE BOARD OF ZONING APPEALS OF THE CITY OF HAMPTON, VIRGINIA, HELD IN THE HARDY CASH CONFERENCE ROOM, CITY HALL 22 LINCOLN STREET 5:00 P.M. ON JANUARY 9, 2012. Present: Board Members Linda Ellis, Rodney Gentry, and John Pope, Alternate William Hobbs, and Chairman Thomas Savage. Absent: Board Member Burnett Peters. Also present were Zoning Administrator and Clerk to the Board Steve Shapiro; Senior Deputy City Attorney Lesa Yeatts; and recording secretary Mary Cole. A motion was made by Board Member Gentry and seconded by Board Member Ellis that the minutes of the December 19, 2011 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: Hobbs ABSENT: Peters Steve Shapiro, Zoning Administrator/Clerk to the Board introduced the Court Reporter. 12‐001: A public hearing was held on the variance application submitted by Herman Dixon, 1927 McCulloch Road, LRSN 12008376, which will reduce the required rear yard setback from 27.66’ to 20’ to allow an 18.5’ x 20’ addition on the rear of the dwelling. The applicant, Herman Dixon, presented the variance request to the board. A motion was made by Board Member Pope and seconded by Board Member Gentry that the variance be granted conditioned upon the addition to the house being no closer than 20 feet from the rear property line, because: 1. The strict application of the ordinance would produce undue hardship; 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; 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. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Hobbs, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters Page 1 of 3 12‐002: A public hearing was held on the variance application submitted by DELTA BETA LAMBDA CHAPTER BUILDING FOUNDATION, 2203 Andrews Blvd., LRSN 12008076, which will reduce the required building setback (left side) from 30’ to 19’, reduce the required building setback (right side) from 30’ to 21’, reduce the required front parking setback from 30’ to 19’, and reduce the required side parking setback from 10’ to 0’ (zero) to allow a church in an existing building. The applicant’s representative, Henry Stovall, appeared before the board. A motion was made by Board Member Gentry and seconded by Board Member Hobbs that the variance be granted because: 1. The strict application of the ordinance would produce undue hardship; 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; 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, Gentry, Hobbs, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters 12‐003: A public hearing was held on the variance application submitted by Joanne Sandford & Karen Alba, 515 Beach Road, LRSN 10000432, which will increase the fence height from the allowed 4’ to 5’ and from the allowed 3’ to 5’ on fencing within 20’ of intersecting curb lines to allow a new fence in the front yard. The applicants, Joanne Sandford & Karen Alba, appeared before the board. A motion was made by Board Member Gentry and seconded by Board Member Ellis that the variance be denied because: 1. There has been no evidence produced that the strict application of the ordinance would produce undue hardships; 2. The hardship is shared generally by other properties in the same zoning district and the same vicinity; 3. Authorization of the variance will be of substantial detriment to adjacent property and the character of the district will be changed by the granting of the variance; and 4. Granting of the variance is not in harmony with the intended spirit of the ordinance. The applicants were advised they have 30 days from January 9, 2012 to appeal the Board’s decision to the Circuit Court. A roll call vote on the motion resulted as follows: Page 2 of 3  AYES: Ellis, Gentry, Pope, Savage NAYS: Hobbs ABSTAIN: None ABSENT: Peters 12‐004: A public hearing was held on the variance application submitted by Coliseum‐Investment Co. LLC, 2121 Executive Drive, LRSN 7003025, to increase the allowed building length from 180’ to 198’ and change the compact parking space size from 8’ x 18’ to 8.5’ x 16’, to allow a new multi‐ family development. The applicant’s representative, Mr. Kenneth S. Merner, Director of Development for Boyd Homes in Virginia Beach, VA, appeared before the board. Mr. Merner had previously sent a letter to Mr. Shapiro, which Mr. Shapiro read to the board, stating that the issue to increase the allowed building length from 180’ to 198’ because the length of the building has been resolved, and the applicant requested removal of that portion of the variance request. Mr. Shapiro stated the staff has identified a conflict between what is in the Coliseum Central requirements (Special Public Interest Coliseum Central District) and what is in our (zoning ordinance) parking requirements; in general, the City is coming forth with an amendment to cure the conflict. Staff is in support of the variance request. A motion was made by Board Member Pope and seconded by Board Member Gentry to grant the variance approving the change in the size of the parking spaces because: 1. The strict application of the ordinance would produce undue hardship; 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; 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, Gentry, Hobbs, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters There being no further business to come before the Board, the meeting was adjourned. _______________________ Thomas Savage, Chairman Page 3 of 3