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, AUGUST 6, 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 Victoria Byrd. 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-Chair Peters that the minutes of the July 16, 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 Variance Request No. 12-00032: Joseph W. Stickle, 20 Downer Lane Lot 3, LRSN 4000010, to reduce the required total side yard setback from 17.5’ to 9’ to allow a new single family dwelling. Neither the applicant nor a representative appeared before the Board. After discussion, a motion was made by Board Member Pope and seconded by Vice-Chair Peters that no hardship exists and therefore 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, Pope, Peters, Savage NAYS: None Page 1 of 2  ABSTAIN: None ABSENT: None The applicant has 30 days from August 6, 2012 to appeal the Board’s decision to the Circuit Court for the City of Hampton. Variance Request No. 12-00033: Joseph W. Stickle, 20 Downer Lane Lot 9, LRSN 4000010, to reduce the required total side yard setback from 17.5’ to 9’ and reduce the required rear yard setback from 35’ to 25’ to allow a new single family dwelling. Neither the applicant nor a representative appeared before the Board. After discussion, a motion was made by Board Member Pope and seconded by Vice Chair Peters that no hardship exists and therefore 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, Pope, Peters, Savage NAYS: None ABSTAIN: None ABSENT: None The applicant has 30 days from August 6, 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 5:05 pm. __________________________ Thomas Savage, Chairman Page 2 of 2