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, August 5, 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 July 15, 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, Pope, Peters, Savage NAYS: None ABSTAIN: None ABSENT: None VA13-00015: Terrance & Debra Woodward, 131 Eggleston Avenue, LRSN 2002532, a variance to reduce the required rear yard setback from 35’ to 13’ to allow a new 24’ x 28’ one-story rear garage addition on an existing single-family dwelling. After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the application to reduce the required rear yard setback from 35’ to 13’ to allow a new 24’ x 28’ one-story rear garage addition on an existing single-family dwelling 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. Woodward, presented his case to the Board. After discussion, a motion was made by Board Member Pope 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 Page 1 of 2  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. Additional Items Staff Report: Fiscal Year 2013 Year-End Summary Report for the Board of Zoning Appeals. Sr. Zoning Official, Jeff Conkle, presented to the Board a slide show with FY2013 Summary Statistics for the period from July 1, 2012 to June 30, 2013. There being no further business to come before the Board, the meeting was adjourned at 5:30 p.m. ____________________________ Thomas Savage, Chairman Page 2 of 2