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, MAY 7, 2012. Present: Board Members Linda Ellis, Rodney Gentry, John Pope, Vice-Chair Burnett Peters, and Alternate William Hobbs. Absent: Board Member Thomas Savage. Also present were Zoning Services Manager Joe Dunford, Senior Deputy City Attorney Lesa Yeatts, Court Reporter Dana M. Allen, and Recording Secretary Mary Cole. A motion was made by Board Member Pope and seconded by Board Member Gentry that the minutes of the April 16, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope NAYS: None ABSTAIN: Hobbs ABSENT: Savage 12-018: A public hearing was held on the application submitted by Marie A Martin, 107 Clyde St, LRSN 1007475, a variance to reduce the required total side yard setback from 12.5’ to 11.3’ and to reduce the required minimum side yard setback from 5’ to .5’ to allow a 5.5’X10’ addition to the main dwelling. The applicant, Marie M. Martin, presented the variance request to the Board. Board Member Gentry stated the side yards are very narrow and that all of the area’s structures are constructed the same --two story apartments with a side entrance which share the same characteristics and are impacted the same by the zoning ordinance. Ms. Janice Cawthorn, 105 Clyde Street, and Ms. Cerelia Wells, 120 Barksdale Road, appeared before the Board in opposition to the variance. 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; Page 1 of 2  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: Ellis, Gentry, Hobbs, Peters, Pope, NAYS: None ABSTAIN: None ABSENT: Savage The applicant was advised that she has 30 days from May 7, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. There being no further business to come before the Board, the meeting was adjourned at 5:23 pm. __________________________ Burnett Peters, Vice-Chair Page 2 of 2