Board of Zoning Appeals Agendas and Minutes

AT A REGULAR MEETING AND PUBLIC HEARING 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, DECEMBER 3, 2012. Present: Vice-Chair Burnett Peters, Board Members Linda Ellis, John Pope, and Rodney Gentry. Also present were Zoning Administrator Steve Shapiro, Senior Deputy City Attorney Lesa Yeatts, Alternate Board Member Tim Smith and Recording Secretary Victoria Byrd. Absent: Chairman Thomas Savage. The Vice-Chairman called the meeting to order and asked that the minutes be considered. A motion was made by Board Member Pope and seconded by Board Member Ellis that the minutes of the November 19, 2012 meeting be approved as written. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters, Smith NAYS: None ABSTAIN: None ABSENT: Savage Variance Request No. 12-00055: Sylvia C. Bennette, 4830 82nd Street, LRSN 3002670, a special exception to allow a Day Care 2 for up to 8 children in an existing single-family home. The applicant presented the variance request to the Board. After discussion, a motion was made by Board Member Pope and seconded by Board Member Ellis that the special exception should be granted subject to the following 10 conditions: 1. Outdoor play area(s) shall be limited to the rear yard and shall be enclosed with a fence at least four (4) feet in height 2. No signs shall be allowed 3. Records shall be kept on a daily basis of enrollment with the names, addresses and ages of children and be open for inspection by authorized personnel 4. Hours of operation shall be limited to 6:30 AM to 9:00 PM, Monday through Friday 5. Employees must reside on premises 6. The day care shall be licensed by the Virginia Department of Social Services Page 1 of 2  7. In each kitchen there shall be installed and maintained at least one approved type-ABC portable fire extinguisher with a minimum rating of 2A10BC 8. The facility shall provide and maintain at least one approved battery- operated properly-installed smoke detector as a minimum (i) outside each sleeping area in the vicinity of bedrooms and bedroom hallway and (ii) on each additional floor 9. The total number of children enrolled shall not exceed eight (8) 10. A certificate of occupancy must be obtained from the Community Development Department prior to beginning operation of the day care. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters, Smith NAYS: None ABSTAIN: None ABSENT: Savage There being no further business to come before the Board, the meeting was adjourned at 5:07 p.m. __________________________ Burnett Peters, Vice-Chair Page 2 of 2