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 17, 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 and Recording Secretary Victoria Byrd. Absent: Chairman Thomas Savage and Alternate Board Member Tim Smith. The Vice-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 December 3, 2012 meeting be approved as written. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters NAYS: None ABSTAIN: None ABSENT: Savage, Smith Zoning Administrator, Steven Shapiro, advised that Variance Requests 12-00050 and 12-00051 would not be heard at this meeting. Hampton University requested a continuance to the March 18, 2013 meeting. This continuance would allow staff time to explore a possible amendment to the zoning ordinance. A motion was made by Board Member Pope and seconded by Board Member Ellis to continue Variance Requests 12-00050 and 12-00051 to March 18, 2013. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters NAYS: None ABSTAIN: None ABSENT: Savage, Smith Variance Request No. 12-00057, James & Betty Huff Trust, 323 Atlantic Avenue, LRSN 12006557, to reduce the required lot width from 48’ to 40.52’ to allow one existing lot with four existing dwellings to be split into four separate lots with one dwelling each for legal recordation. Zoning Administrator, Steven Shapiro, advised Mr. Huff that there were only four board members present and that three positive votes are required for a motion to pass. He stated that Mr. Huff was entitled to request that his case be Page 1 of 2 continued so that the matter could be heard by a full Board. Mr. Huff stated he wished to move forward. The applicant, Mr. Huff, 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 request meets all 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; 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, Pope, Peters NAYS: None ABSTAIN: None ABSENT: Savage, Smith There being no further business to come before the Board, the meeting was adjourned at 5:07 p.m. __________________________ Thomas Savage, Chairman Page 2 of 2