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, JULY 2, 2012. Present: Chairman Thomas Savage, Vice-Chair Burnett Peters, and Board Members Linda Ellis, Rodney Gentry, and John Pope. Also present were Zoning Administrator Steve Shapiro, Senior Deputy City Attorney Lesa Yeatts, and Recording Secretary Mary Cole. The Chairman called the meeting to order and asked that the minutes be considered. A motion was made by Vice-Chairman Peters and seconded by Board Member Ellis that the minutes of the June 18, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: Pope ABSENT: None 12-00029: Franchise Realty Interstate Company, 1131 W. Mercury Boulevard, LRSN 7001218, a variance to increase the menu board area from 24 square feet to 40.85 square feet, to increase the menu board height from 6’ to 6.75’, and to provide a second menu board (8.6’ X 4.75’) to allow side-by-side drive-through service. The applicant, John Smith, owner of the subject McDonald’s, presented the variance request to the Board. The applicant’s agent, Roger Bowers, appeared before the Board. Ms. Elizabeth McCoury, Executive Director of the Coliseum Central Business Improvement District, appeared before the Board on behalf of the Design Review Committee in support of the proposed request. After discussion, a motion was made by Board Member Pope and seconded by Vice-Chair Peters that based on the public safety issue of cars stacking up onto West Mercury Blvd. as well as the multiple entrances to the property is the hardship which meets the criteria, and the variance should 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; Page 1 of 3  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, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None 12-00030: King’s Square Homeowners Association, Inc., LRSN 8001198, a variance to increase the fence height from 6’ to 8’ to allow an 8’ fence in the rear of the lot. The applicant, Mr. Melvin Dawson, Kings’ Square Home Owners Association Manager, with Prudential Town Realty Property Maintenance Management, presented the variance request to the Board. Mr. Michael Huggett, 22 Plaza Drive, appeared before the Board in opposition of the variance request. Ms. Geneva Carter, 43 Clayton Drive, spoke in favor of having someone patrol the area. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Ellis that authorization of the variance will be of substantial detriment to the adjacent property, that the character of the district will be changed by the granting of the variance, and the request 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, Pope, Peters, Savage NAYS: None ABSTAIN: None Page 2 of 3  ABSENT: None The applicant was advised that he has 30 days from July 2, 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 3 of 3