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, JULY 1, 2013. Present: Chairman Thomas Savage, Vice-Chairman 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 Angela Leflett. Chairman Savage called the meeting to order and asked that the minutes of the June 17, 2013, meeting be considered. A motion was made by Vice- Chairman Peters 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, Peters, Savage NAYS: None ABSTAIN: Pope ABSENT: None VA13-00011: Eugene Stoudenmire, 40 Buffalo Drive, LRSN 11003741, a variance to increase the height of a residential fence in a front yard from 4’ to 4’8” for a length of approximately 180’ and to increase the height of a residential fence in a front yard from 4’ to 6’ for a length of approximately 20’ at an existing single- family residence. After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the application to increase the height of a residential fence in a front yard from 4’ to 4’8” for a length of approximately 180’ and to increase the height of a residential fence in a front yard from 4’ to 6’ for a length of approximately 20’ 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. Mr. Shapiro reminded the Board that this applicant had a similar case in front of the Board on 4/1/13 for the same fence. In the 4/1 case, the applicant was asking that the fence height be increased from 3’ to 4’ in the area of the intersecting curb lines – the variance was denied. Mr. Shapiro further reminded the Board that the fence was installed without the required permit and had the permit been obtained, the zoning requirements would have been explained at the time of permit issuance. The property owner, Mr. Stoudenmire, and applicant Darren Osouna, presented their case to the Board. Page 1 of 3 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: AYES: Ellis, Gentry, Pope, Peters, Savage NAYS: None ABSTAIN: None ABSENT: None Zoning Administrator Steve Shapiro informed the applicant that he had 30 days to appeal this decision to the Hampton Circuit Court. SX13-00002: Glenn West, 819 Berkshire Terrace, LRSN 4000909, a special exception to allow a Day Care 2 for up to 9 children at an existing single-family residence. Zoning Administrator Steve Shapiro stated that staff is recommending the granting of the Special Exception subject to the attached ten (10) conditions. The applicant, Mrs. Smith-Snowden, presented her case to the Board. After discussion, a motion was made by Board Member Pope and seconded by Vice-Chairman Peters 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 6:00 AM to 6:00 PM, Monday through Friday 5. Employees must reside on premises Page 2 of 3  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. 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 5:30 p.m. ____________________________ Thomas Savage, Chairman Page 3 of 3