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, APRIL 15, 2013. Present: Chairman Thomas Savage, Board Members Linda Ellis, John Pope, Rodney Gentry, and Alternate Board Member Tim Smith. Also present were Zoning Administrator Steve Shapiro, Senior Deputy City Attorney Lesa Yeatts, and Recording Secretary Victoria Byrd. Absent: Vice-Chairman Burnett Peters. Chairman Savage called the meeting to order and asked that the minutes of the April 1, 2013, meeting be considered. A motion was made by Board Member Pope and seconded by Board Member Ellis that the minutes be approved as written. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Savage NAYS: None ABSTAIN: Smith ABSENT: Peters VA13-00003: Mark & Kathleen Wheeler, 79 Columbia Avenue, LRSNs 2003680 & 2003681, a variance to reduce the required front yard setback from 30’ to 20’ and to reduce the required rear yard setback from 35’ to 15’ to allow a new single-family residence on an existing vacant lot. The applicants, Mr. and Mrs. Wheeler, presented their case to the Board. Neighbor, Virginia Armstrong, spoke on behalf of the applicants. Zoning Administrator Steve Shapiro stated that staff had a split recommendation; recommending approval of the front yard reduction and disapproval of the rear yard reduction. However, given that this is an infill lot in a historic area where all adjoining lots have similar setbacks, staff is comfortable with both reductions. After discussion, a motion was made by Board Member Pope and seconded by Board Member Gentry that the request meets the four criteria 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; Page 1 of 4  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, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Peters SX13-00001: Phyllis & Roland Noel, 4 Pyron Hunt Circle, LRSN 4002465, a special exception to allow a Day Care 2 for up to 9 children at an existing single-family residence. The applicants, Mr. and Mrs. Noel, presented their case to the Board. Zoning Administrator Steve Shapiro stated that staff is recommending the granting of the Special Exception subject to the attached ten (10) conditions. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Ellis that the special exception should be approved with the following ten (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 5:30 PM, Monday through Friday; 5. Employees must reside on premise; 6. The day care shall be licensed by the Virginia Department of Social Services; 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 nine (9 10. A certificate of occupancy must be obtained from the Community Development Department prior to beginning operation of the day care. Page 2 of 4 A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Pope, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Peters AZ13-00001: Check Properties, LLC, 63 Wythe Creek Road, LRSN 6001172, an appeal of a zoning officer’s notice of violation that painting of automobiles is not permitted at this location. The applicant’s agent, Shannon Dennen, and Frank Michel, owner of Auto Renewal Services, presented their request to the Board. Also signed up to speak on the business owner’s behalf were Dwain Henson, Property Manager, JJC Property Management, Inc., and neighbor Chris Powell. City of Hampton Codes Inspector, Montrez White, was also there as a witness for the City. Senior Deputy City Attorney Lesa Yeatts called Codes Inspector Montrez White to the table to discuss the nature of the complaint that resulted in the notice of violation. Ms. Yeatts asked if mobile automobile painting was a permitted use in the M-1 district; Ms. White stated it was not. Ms. Yeatts asked if painting inside was permitted in an M-1 district; Ms. White stated it was not. Ms. Yeatts then asked if painting as a use was permitted outside in an M-1 district; Ms. White stated it was not. Ms. Yeatts asked Zoning Administrator Steve Shapiro about what other areas in the City a mobile automobile painting service would be permitted. Mr. Shapiro stated in a C-2 district it would be permitted as an accessory use to a primary use such as a new car dealership. It would be allowed in a C-3 district, which is for general commercial use, M-2 which is a heavier manufacturing district, and the M-3 district. The M-1 district is a stand-alone district that was designed to be a district for research and development in support of NASA Langley. Mr. Shapiro stated that staff recommends upholding the Zoning Officer’s decision. After discussion a motion was made by Board Member Gentry to uphold the Zoning Administrator’s decision. The motion died for lack of a second. After further discussion regarding the nature of Mr. Michel’s business, a motion was made by Board Member Pope and seconded by Board Member Ellis that the Zoning Officer’s decision should be overturned. A roll call vote on the motion resulted as follows: AYES: Ellis, Pope, Smith, Savage Page 3 of 4  NAYS: Gentry ABSTAIN: None ABSENT: Peters There being no further business to come before the Board, the meeting was adjourned at 5:55 p.m. ____________________________ Thomas Savage, Chairman Page 4 of 4