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, JUNE 18, 2012. Present: Chairman Thomas Savage and Board Members Linda Ellis, Rodney Gentry, and Vice-Chairman Burnett Peters. Absent: Board Member John Pope. Also present were Zoning Administrator Steve Shapiro, City Attorney Cynthia Hudson, Court Reporter Dana Allen, 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 Vice-Chairman Peters that the minutes of the June 4, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: None ABSENT: Pope The Zoning Administrator/Clerk to the Board Steven Shapiro addressed the applicants to advise that there were only four Board members present, that Board Member Pope 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. 12-00025: Eddie L. & Mona B. Bowen, adjacent to and rear of 1669 W. Pembroke Avenue, LRSNs 1002431, 1002459, and 1002441 a variance to allow the placement of a fence on a vacant lot. Mr. Rusty Kellam, President of Rosenbaum Fence Company, was in attendance at the meeting on behalf of the applicant, and stated that the applicant would like to continue his variance until July 16, 2012. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Ellis that the variance be continued until July 16, 2012. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: None ABSENT: Pope Page 1 of 5 12-00023: A public hearing was held on the application submitted by Stephen Moore, 4010 Catesby Jones Dr, LRSN 2002565, a variance to reduce the required side yard setback from 3’ to 0’ to allow a 22.7’ X 27.5’ accessory structure in the rear yard. The applicant, Stephen Moore, presented the variance request to the Board. Mr. Gentry stated that Mr. Moore does not have a unique hardship by not being able to have a zero setback from his property line. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Ellis that the variance does not meet the criteria below and should 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: Ellis, Gentry, Savage NAYS: Peters ABSTAIN: None ABSENT: Pope The applicant was advised that he has 30 days from June 18, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. 12-00024: A public hearing was held on the application submitted by The Messiah Center of Hampton, Inc. 1421 W. Pembroke Avenue, LRSN 1001867, an appeal of the Zoning Administrator’s decision that a Day Care Center requires a Conditional Privilege. The applicant’s representatives, Nick Hobbs, Attorney at Law with McDermott Ward, and Charlotte Dillow, Executive Director of H.E.L.P. Inc. (Hampton Ecumenical Lodgings and Provisions) presented the variance request to the Board. Mr. Hobbs introduced two additional representatives in attendance at the meeting: Councilman Joe Spencer, 123 Algonquin Road, Hampton, Board member, and Reverend Charles Cheek of Hampton, Chairman of the H.E.L.P, Inc. Board of Directors. Page 2 of 5 Ms. Helen Allen, spoke in favor of the Rescue Mission. Mr. Shapiro stated that a Rescue Mission is not defined in the zoning ordinance, but is a by-right use in the C-3 Zoning district. Mr. Shapiro stated that a transient day care center is not defined in the zoning ordinance either. A shelter would require a Use Permit, and a Day Care would require a conditional privilege, which would most closely fit with the use. Ms. Ellis stated that a Rescue Mission is not a day care center for adults, and that a Rescue Mission, according to our ordinance, is a by-right allowance in a C-3 district. Mr. Shapiro stated that we do not have a definition for Rescue Mission, but it is listed as a permitted use. After discussion, a motion was made by Board Member Ellis and seconded by Board Member Gentry to not uphold the Zoning Administrator’s Decision. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: None ABSENT: Pope 12-00026: A public hearing was held on the application submitted by Larry Hebron, 315 Lincoln St. LRSN 2000966, a variance to reduce the required total side yard setback from 18.75’ to 17.2’ and reduce the minimum side yard from 7.5’ to 4.2’ to allow a 20’ X 26’ accessory structure in the side yard. The applicant, Larry Hebron, presented the variance request to the Board. Mr. Savage excused himself from discussion of the case and turned the meeting over to Vice-Chairman Peters. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Ellis that the variance be continued to July 16, 2012. AYES: Ellis, Gentry, Peters NAYS: None ABSTAIN: Savage ABSENT: Pope 12-00027: A public hearing was held on the application submitted by Joseph W. Stickle, 20 Downer Lane, LRSN 4000010, Lot 9, a variance to reduce the required total side yard setback from 17.5’ to 10’ and reduce the required rear yard setback from 35’ to 20’ to allow a new single family dwelling. Neither the applicant nor a representative appeared before the Board. Page 3 of 5 Steve Shapiro read a letter from James and Mellissa Brown, 18 Whetstone Drive, Hampton, in opposition to reducing the side yard setbacks of lots 3 and 9, and against the reduction of the rear yard setback of lot 9. He also read a letter from Norma Campbell, 6 Fernwood Circle, requesting as a condition of the variance that Mr. Stickle plants tall evergreen shrubbery around the entire area of Wyatt Farms, and that he install wooden privacy fencing around the entire area of Wyatt Farms. Mr. Shapiro also read a letter from Betty Tinsley, 4 Fernwood Circle, requesting the above two conditions along with a third to erect a brick serpentine wall around the entire area of Wyatt Farms. Ms. Helen Allen, 6 Lansdown Circle, Hampton, spoke in opposition to the variance. After discussion, a motion was made by Board Member Ellis and seconded by Board Member Peters that the variance is not a hardship and does not meet the criteria below and should 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: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: None ABSENT: Pope The applicant has 30 days from June 18, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. 12-00028: A public hearing was held on the application submitted by Joseph W. Stickle, 20 Downer Lane, LRSN 4000010, Lot 3, a variance to reduce the required total side yard setback from 17.5’ to 10’ to allow a new single family dwelling. Neither the applicant nor a representative appeared before the Board. Steve Shapiro read a letter from James and Mellissa Brown, 18 Whetstone Drive, Hampton, in opposition to reducing the side yard setbacks of lots 3 and 9, and against the reduction of the rear yard setback of lot 9. He also read a letter from Page 4 of 5 Norma Campbell, 6 Fernwood Circle, requesting as a condition of the variance that Mr. Stickle plants tall evergreen shrubbery around the entire area of Wyatt Farms, and that he install wooden privacy fencing around the entire area of Wyatt Farms. Mr. Shapiro also read a letter from Betty Tinsley, 4 Fernwood Circle, requesting the above two conditions along with a third to erect a brick serpentine wall around the entire area of Wyatt Farms. Ms. Helen Allen, 6 Lansdown Circle, Hampton, spoke in opposition to the variance. After discussion, a motion was made by Board Member Peters and seconded by Board Member Gentry that the variance should 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: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: None ABSENT: Pope The applicant has 30 days from June 18, 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 6:00 pm. __________________________ Thomas Savage, Chairman Page 5 of 5