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 21, 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 Steve Shapiro, Senior Deputy City Attorney Lesa Yeatts, Court Reporter Virginia Giles, and Recording Secretary Mary Cole. The Chairman called the meeting to order and asked that the minutes be considered. A motion was made by Board Member Gentry and seconded by Board Member Pope that the minutes of the May 7, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope NAYS: None ABSTAIN: Savage ABSENT: Peters The Zoning Administrator/Clerk to the Board Steven Shapiro addressed the applicants to advise that there were only four Board members present, Board Member Burnett Peters was absent and that three positive votes are required for a motion to pass. He stated that anyone wishing to have their case continued so that the matter could be heard by a full Board should state so at that time. 12-00020: A public hearing was held on the application submitted by John Swain, 26 Sunbriar Way, LRSN 3005170, a variance to increase the fence height from 6’ to 8’ to allow the placement of a fence in the rear yard. The applicant, John Swain, presented the variance request to the Board. The Board made the finding that there is evidence that the strict application of the ordinance causes undue hardship by preventing and denying Mr. Swain complete use of his property, that the hardship is not shared generally by other properties in the same zoning district and the same vicinity, that 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 the granting of the variance is in harmony with the intended spirit and purpose of the ordinance. Page 1 of 3 Mr. Stacy Addison, 21 Sunbriar Way, and Mr. Joe Wilkins, 13 Eastbriar Court, appeared before the Board in support of the variance request. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Pope that the variance pertains only to the fence along the back or rear property line between the Sweetbriar apartments and 26 Sunbriar Way, and 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: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None 12-00021: A public hearing was held on the application submitted by Christine Woods, 14 Lighthouse Dr., LRSN 10000928, a variance to reduce the required total side yard setback from 12.5’ to 7.8’ and to reduce the minimum side yard setback from 5’ to .8’ to allow a 12’X14’ addition on the rear of the dwelling. The applicant, Christine Woods, presented the variance request to the Board. Mr. John Northrop, 12 Lighthouse Drive, appeared before the Board in opposition to the variance. After discussion, 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 2 of 3  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, Pope, Savage NAYS: Ellis ABSTAIN: None ABSENT: None The applicant was advised that she has 30 days from May 21, 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 6:15 pm. __________________________ Thomas Savage, Chairman Page 3 of 3