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 MONDAY, MARCH 19, 2012. Present: Chairman Thomas Savage and Board Members Burnett Peters, Rodney Gentry, Linda Ellis, and John Pope. Also present were Zoning Administrator 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 March 5, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: Ellis ABSENT: None 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 reported that an appeal had been filed to the December 5, 2011 decision of the Board in the matter of Adams Outdoor Advertising. He continued that the Judge had entered an order staying any and all proceedings relating to the property and the billboard and that the Board needs to comply with the Circuit Court Judge’s order and continue the appeal indefinitely. A motion was made by Board Member Pope and seconded by Board Member Ellis that the appeal be continued indefinitely. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None 12-015: A public hearing was held on the application submitted by Thomas H. & Sheri Chapman, 241 Settlers Landing Road, LRSN 2002017, a variance to reduce the required lot width from 60’ to 51.29’ to allow a new two family dwelling. Page 1 of 5 The applicant’s representative, Patton Mallicott, presented the variance request to the Board. Steve Shapiro stated staff recommends approval of the subject variance; all four of the subject conditions are satisfied. He stated the lot area exceeds the requirement of 6000 square feet for the zoning district and exceeds the 80 percent provision for substandard lots, which is not shared generally by the other lots; this area of the City has numerous substandard lots with two family dwellings. A motion was made by Board Member Peters and seconded by Board Member Pope that the variance be granted because: 1. The strict application of the ordinance would produce undue hardship (the lot area exceeds the requirement of 6000 square feet for the zoning district, and the lot width exceeds the 80% provision for substandard lots). 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3. 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 (this area of the City has numerous substandard lots with two family dwellings). 4. 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, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None 11-043: A public hearing was held on the application submitted by Abundant Life Tabernacle, 101 Blackburn Lane, LRSN 5000205, 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. Steve Shapiro stated this application was deferred from the December 5, 2011 meeting. The applicant’s representative, Jim Parker, presented the variance request to the Board. Several Board members agreed the addition could probably be built elsewhere on the property and there did not seem to be an undue hardship. Page 2 of 5 A motion was made by Board Member Gentry and seconded by Board Member Pope that the variance be denied because: 1. There has been no evidence produced that the strict application of the ordinance would produce undue hardship; 2. Any 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 that 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: Ellis, Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None The applicant was advised that he has 30 days from March 19, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. 12-011: A public hearing was held on the application submitted by Horace R. Pratt, 758 North First Street, LRSN 12007548, a variance to reduce the required total side yard setback from 12.75’ to 11’ and to reduce the minimum side yard setback from 5.1’ to 3.5’ to allow a 5’X 5’ addition to the main dwelling. The applicant, Horace Pratt, presented the variance request to the Board. Steve Shapiro stated that all four of the conditions must be met and that a medical condition would not be relative to approval. Board member Pope stated that the hardship not shared generally by the other properties is this home is not situated closer to one side of the lot, as many of the other area homes are, thus giving the other homes possible room for an addition on one side. He stated that granting the variance is in harmony with the intended spirit of the ordinance. A motion was made by Board Member Pope and seconded by Board Member Ellis that the variance be approved 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; Page 3 of 5  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, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None 12-013: A public hearing was held on the application submitted by Hampton Redevelopment & Housing Authority, 911-913 West Queen Street, LRSN 2000405, a variance to reduce the required green area from 40% to 34%, with parking to be located within the required setback, to allow a new multi-family development. The applicant’s representative, Aaron Carter, presented the variance request to the Board, stating that a rezoning was recently approved by City Council for apartments on this property. Steve Shapiro stated staff recommends approval of the subject variance; all four of the subject conditions are satisfied. A motion was made by Board Member Pope and seconded by Board Member Ellis that the variance be approved because: 1. The strict application of the ordinance would produce undue hardship (Rezoning #1292 was approved for the placement of apartments on this irregular shaped lot); 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3. 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. 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, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None Page 4 of 5 There being no further business to come before the Board, the meeting was adjourned at 5:50 pm. __________________________ Thomas Savage, Chairman Page 5 of 5