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, AT 5:00 P.M. ON FEBRUARY 6, 2012. Present: Chairman Thomas Savage and Board Members Linda Ellis, Rodney Gentry, and John Pope. 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 Pope that the minutes of the January 9, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters 12‐005: A public hearing was held on the application submitted by Fredrick & Dorothy Crockett, 1817 Gildner Road, LRSN 7000243, an appeal of an Administrative Officer’s decision that a commercial vehicle in a one family residence district violates the zoning ordinance. The applicant, Dorothy Crockett, presented the appeal request to the Board. Steve Shapiro stated that commercial and recreational vehicles are not subject to a variance and the Board does not have the ability to grant or not grant the request. Steve Shapiro asked that the case not be heard on that basis, and that he would look into refunding the $100.00 application fee. A motion was made by Board Member Pope and seconded by Board Member Gentry to uphold the Administrative Officer’s decision and deny the appeal because the request is not subject to a variance or an appeal. The applicant was advised they have 30 days from February 6, 2012 to appeal the Board’s decision to the Circuit Court. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters Page 1 of 3 12‐006: A public hearing was held on the application submitted by Adams Outdoor Advertising LP, 401 Copeland Dr., LRSN 1000409, an appeal of the Zoning Administrator’s determination that a building permit for an off‐premise advertising sign at 401 Copeland Drive is in accord with the requirements of the zoning ordinance. Steve Shapiro stated that the attorneys for Adams Outdoor Advertising and the land owner have requested a continuance until March 19, 2012. A motion was made by Board Member Pope and seconded by Board Member Gentry that the appeal be continued until March 19, 2012. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters 12‐007: A public hearing was held on the variance application submitted by Triumph Christian Center, 4915 W. Mercury Blvd., LRSN 3002703, to reduce the required front parking setback from 30’ to 6’ and to reduce the required side parking setback from 10’ to 0’ (zero) to allow a church in an existing building. Steve Shapiro stated that Triumph Christian Center is requesting a continuance until April 2, 2012. A motion was made by Board Member Pope and seconded by Board Member Gentry that the variance be continued until April 2, 2012. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Peters 12‐008: A public hearing was held on the variance application submitted Hampton Holiness Chapel, 4915 W. Mercury Blvd., LRSN 3002703, to reduce the required front parking setback from 30’ to 6’ and to reduce the required side parking setback from 10’ to 0’ (zero) to allow a church in an existing building. The applicant’s representative, Larry Cumming, appeared before the Board. A motion was made by Board Member Gentry and seconded by Board Member Pope to grant the variance 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 Page 2 of 3  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, 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