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, JANUARY 7, 2013. Present: Chairman Thomas Savage, 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. 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 December 17, 2012 meeting be approved as written. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters NAYS: None ABSTAIN: Savage ABSENT: None Zoning Administrator, Steven Shapiro, asked for nominations from the floor for the office of Chairman of the Board of Zoning Appeals. A motion was made by Board Member Gentry and seconded by Board Member Pope nominating Thomas Savage for the position of Chairman. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Peters NAYS: None ABSTAIN: Savage ABSENT: None Chairman Savage asked for nominations from the floor for the office of Vice Chairman of the Board of Zoning Appeals. A motion was made by Board Member Gentry and seconded by Board Member Ellis nominating Burnett Peters for the position of Vice-Chairman. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None Page 1 of 3  ABSTAIN: Peters ABSENT: None Variance Request No. 12-00056: Max & Frances Vanpelt, 18 Riding Path, LRSN 9000365, a variance to increase the maximum height of a residential fence in a rear yard from 6’ to 8’ to allow an 8’ fence along a portion of the rear yard of a parcel with an existing single-family dwelling. Chairman Savage, having prepared professional documents relating to the subject property, recused himself from this case. The meeting was turned over to Vice-Chair Peters. The applicants, Mr. and Mrs. Vanpelt, presented their case to the Board. Neighbor, Shahan Lee, 221 Harris Creek Road, spoke in opposition to the Vanpelt’s request. After discussion, a motion was made by Board Member Pope and seconded by Board Member Gentry 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 NAYS: None ABSTAIN: Savage ABSENT: None The applicants were informed that they have 30 days from January 7, 2013 to appeal the Board’s decision to the Circuit Court for the City of Hampton. Following the motion, the meeting was turned back over to Chairman Savage. Page 2 of 3 Variance Request No. 12-00058: Frank E. Edmonds, 5 Roland Drive, LRSN 8002015, a variance to increase the maximum height of a residential fence in a front yard from 4’ to 6’ to allow a 6’ fence around the front yard of a parcel with an existing single-family dwelling. After discussion, a motion was made by Board Member Pope and seconded by Vice Chair Peters that a hardship and safety issue exists and therefore the variance should be approved because: 1. The strict application of the ordinance would produce undue hardship relating to the property; 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 that the character of the district will not be changed by the granting of the variance; and 4. 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, Savage NAYS: None ABSTAIN: None ABSENT: None There being no further business to come before the Board, the meeting was adjourned at 5:17 p.m. __________________________ Thomas Savage, Chairman Page 3 of 3