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, June 17, 2013. Present: Chairman Thomas Savage, Vice-Chairman Burnett Peters, Board Members Linda Ellis, Rodney Gentry, and Alternate Board Member Tim Smith. Also present were Zoning Administrator Steve Shapiro, Senior Deputy City Attorney Lesa Yeatts, and Recording Secretary Angela Leflett. Absent: Board Member Pope. Chairman Savage called the meeting to order and asked that the minutes of the June 3, 2013, meeting be considered. A motion was made by Board Member Gentry and seconded by Vice-Chairman Peters that the minutes be approved as written. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Savage NAYS: None ABSTAIN: Smith ABSENT: Pope (Continued from March 18, 2013) VA12-00050: Hampton University, 160 Marshall Avenue, LRSN 12001034, a variance to increase the height of a freestanding sign from 8’ to 10’10”, to increase the square footage of a freestanding sign from 48 square feet to 120 square feet, and to increase the height of a fence or wall from 6’ to 15’ to allow a campus entry wall and sign on university property at the southwest corner of Settlers Landing Road and East Tyler Street. Zoning Administrator Steve Shapiro informed the Board he received an e-mail from the attorney for Hampton University, requesting that their application be withdrawn. After discussion, a motion was made by Board Member Gentry and seconded by Vice-Chairman Peters that the request for withdrawal submitted by the applicant be approved. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Pope (Continued from March 18, 2013) VA12-00051: Hampton University, 1006 Settlers Landing Road, LRSN 12001035, a variance to increase the height of a Page 1 of 4 freestanding sign from 8’ to 10’10”, to increase the square footage of a freestanding sign from 48 square feet to 120 square feet, and to increase the total number of allowable freestanding signs from 2 to 3 to allow a campus entry wall and sign on university property at the northwest corner of Settlers Landing Road and East Tyler Street. Zoning Administrator Steve Shapiro informed the Board he received an e-mail from the attorney for Hampton University, requesting that their application be withdrawn. After discussion, a motion was made by Vice-Chairman Peters and seconded by Board Member Ellis that the request for withdrawal submitted by the applicant be approved. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Pope VA13-00012: David Taylor, 16 Miles Cary Mews, LRSN 2003191, a variance to reduce the required rear yard setback from 20’ to 12’ to allow an 8’ x 15’ second-floor deck on an existing townhouse dwelling. After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the application to allow the reduction of the required rear yard setback from 20’ to 12’ to allow an 8’ x 15’ second-floor deck should be denied due to the inability to meet the required criteria for a hardship as set forth in the Zoning Ordinance and the Code of Virginia. The applicant, Mr. Taylor, presented his case to the Board. After discussion, a motion was made by Board Member Gentry and seconded by Vice-Chairman 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 hardship; and 2. The hardship is shared generally by other properties in the same zoning district and the same vicinity; and 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: Page 2 of 4  AYES: Gentry, Peters, Smith, Savage NAYS: Ellis ABSTAIN: None ABSENT: Pope Zoning Administrator Steve Shapiro informed the applicant that he had 30 days to appeal this decision to the Hampton Circuit Court. VA13-00013: Charles Everett, 204 Prince James Drive, LRSN 1001217, a variance to increase the maximum height of a residential fence in a rear yard from 6’ to 7’ to allow a 7’ high fence at an existing single-family dwelling. After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the application to increase the maximum height of a residential fence in a rear yard from 6’ to 7’ at an existing single-family dwelling should be approved due to its ability to meet the required criteria for a hardship as set forth in the Zoning Ordinance and the Code of Virginia. The applicant, Mr. Everett, presented his case to the Board. After discussion, a motion was made by Board Member Smith and seconded by Vice-Chairman Peters that due to the location of the pedestrian ramp in relation to the subject property a hardship exists and, therefore, the variance should be approved because: 1. The strict application of the ordinance would produce undue hardship relating to the property; and 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 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 of the ordinance. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Pope VA13-00014: AEH LC, 2301 Aluminum Avenue, LRSN 13001288, a variance to increase the total number of building façades which can hold wall signage from 2 to 3 to allow wall signage on a third façade of an existing warehouse building. Page 3 of 4 After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the application to increase the total number of building facades which can hold wall signage from 2 to 3 to allow wall signage on a third façade of an existing warehouse building should be approved due to its ability to meet the required criteria for a hardship as set forth in the Zoning Ordinance and the Code of Virginia. The applicant, Mr. Wade, presented his case to the Board. After discussion, a motion was made by Vice-Chairman Peters and seconded by Board Member Smith that due to the large size of the building a hardship exists and, therefore, the variance should be approved because: 1. The strict application of the ordinance would produce undue hardship relating to the property; and 2. The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 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. Granting of the variance is in harmony with the intended spirit of the ordinance. A roll call vote on the motion resulted as follows: AYES: Ellis, Gentry, Peters, Smith, Savage NAYS: None ABSTAIN: None ABSENT: Pope There being no further business to come before the Board, the meeting was adjourned at 5:40 p.m. ____________________________ Thomas Savage, Chairman Page 4 of 4