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 16, 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 Assistant City Attorney Veronica Sheppard, 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 July 2, 2012 meeting be approved as submitted. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope, Savage NAYS: None ABSTAIN: None ABSENT: None Chairman Savage, because of prior involvement, recused himself from the variance cases, and turned the meeting over to Vice-Chair Peters. Continued from June 18, 2012 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. The applicant’s representative, Rusty Kellam, President of Rosenbaum Fence Co., 1666 W. Pembroke Avenue, presented the variance request to the Board. After discussion, a motion was made by Board Member Ellis and seconded by Board Member Gentry that there is no hardship to grant 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. Page 1 of 2 A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Pope NAYS: None ABSTAIN: Savage ABSENT: None The applicant’s representative, Rusty Kellam, was advised that he has 30 days from July 16, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. 12-00026: 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. Since neither the applicant nor a representative attended the meeting to present the request to the Board, and the Board had no evidence that any changes had occurred since the applicant’s earlier presentation, a motion was made by Board Member Gentry and seconded by Board Member Ellis that the variance be continued until September 17, 2012. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters NAYS: None ABSTAIN: Savage ABSENT: None There being no further business to come before the Board, the meeting was adjourned at 5:20 pm. __________________________ Thomas Savage, Chairman Page 2 of 2