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 MARCH 5, 2012. Present: Chairman Thomas Savage and Board Members Burnett Peters, Rodney Gentry, Alternate William Hobbs, and John Pope. Absent: Board Member Linda Ellis. Also present were Zoning Services Manager Joe Dunford, 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 February 6, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Pope, Savage NAYS: None ABSTAIN: Peters, Hobbs ABSENT: Ellis 12-009: A public hearing was held on the application submitted by Edward & Patricia Briley, 104 Piedmont Ave., LRSN 1005145, a variance to reduce the required rear yard setback from 5’ to 1’, to reduce the required side yard setback from 15’ to 3’, and to increase the allowable rear yard coverage from 799.5 SF to 1,072 SF (from 20% to 27% coverage) to allow a (24’ x 28’) one story garage in the rear yard. The applicant, Edward Briley, 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 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. A roll call vote on the motion resulted as follows: AYES: Gentry, Hobbs, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Ellis Page 1 of 2 The applicant was advised that he has 30 days from March 5, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. 12-010: A public hearing was held on the application submitted by Donna Bristow, 359 Nassau Place, LRSN 3002160, variance to reduce the required rear yard setback from 34.66’ to 21’ to allow a (15’X20’) addition on the rear of the dwelling. The applicant’s representative, Scott Dees, of Ashett Construction, 22061 Bailey Drive, Carrollton, VA 23314, presented the variance request to the Board. A motion was made by Board Member Pope and seconded by Board Member Peters 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 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: Gentry, Hobbs, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: Ellis There being no further business to come before the Board, the meeting was adjourned at 5:50pm. __________________________ Thomas Savage, Chairman Page 2 of 2