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, September 16, 2013. Present: Chairman Thomas Savage, Vice-Chairman Burnett Peters, Board Members Linda Ellis, John Pope, and Rodney Gentry. Also present were Sr. Zoning Official Jeff Conkle, 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 August 19, 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 VA13-00019: Giuseppe Leonardi, 305 Woodside Drive, LRSN 12000083, a variance to reduce the required side yard setback for an accessory structure from 3’ to 2.2’ to allow an existing 20.3’ x 28.6’ shed to remain on an existing single-family parcel. After all witnesses were sworn in by the court reporter, Sr. Zoning Official Jeff Conkle stated that the staff recommendation regarding the application to reduce the required side yard setback for an accessory structure from 3’ to 2.2’ to allow an existing 20.3’ x 28.6’ shed to remain on an existing single-family parcel is that it 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. Leonardi, presented his case to the Board. Mr. DeConcini of 300 Woodside Drive, and Mr. Dale of 304 Woodside Drive, spoke in favor of the variance. After discussion, a motion was made by Board Member Gentry and seconded by Vice-Chairman Peters that a hardship exists and; 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 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 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 VA13-00020: Floyd & Lois Chilcott, 5 Betz Lane, LRSN 5001408, a variance to reduce the required dwelling size from 2000 square feet to 1500 square feet to allow a new 1500-square-foot single-family dwelling on a vacant single-family parcel. After all witnesses were sworn in by the court reporter, Sr. Zoning Official Jeff Conkle stated that the staff recommendation regarding the application to reduce the required dwelling size from 2000 square feet to 1500 square feet to allow a new 1500-square-foot single-family dwelling on a vacant single-family parcel is that it 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. Chilcott, presented the case to the Board. After discussion, a motion was made by Board Member Pope and seconded by Board Member Ellis that a hardship exists due to the inability to build a 2000 square foot house on the lot due to the shape of the lot 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, Pope, Peters, Savage NAYS: None ABSTAIN: None Page 2 of 4  ABSENT: None VA13-00021: Lynne F. Wright, 2501 East Pembroke Avenue, LRSN 12006900, a variance to reduce a required side yard setback from 15’ to 9.8’ and to reduce the required rear yard setback from 21’ to 12’ to allow an 11.4’ x 13.2’ one-story rear addition on an existing single-family dwelling. After all witnesses were sworn in by the court reporter, Sr. Zoning Official Jeff Conkle stated that the staff recommendation regarding the application to reduce a required side yard setback from 15’ to 9.8’ and to reduce the required rear yard setback from 21’ to 12’ to allow an 11.4’ x 13.2’ one-story rear addition on an existing single-family dwelling is that it 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. Sr. Zoning Official Jeff Conkle informed the Board he received a request from the applicant, that their application be withdrawn. After discussion, a motion was made by Board Member Pope 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, Pope, Peters, Savage NAYS: None ABSTAIN: None ABSENT: None SX13-00003: John W. Pane & Sheila Johnson-Pane Trust, 13 Ridge Lake Drive, LRSN 4000648, a special exception to allow a day care 2 for up to 9 children at an existing single-family dwelling. Sr. Zoning Official Jeff Conkle stated that staff is recommending the granting of the Special Exception subject to the attached ten (10) conditions. The applicant, Mrs. Johnson - Pane, presented her case to the Board. After discussion, a motion was made by Vice-Chairman Peters and seconded by Board Member Pope 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 Page 3 of 4  4. Hours of operation shall be limited to 6:00 AM to 6:00 PM, Monday through Friday 5. Employees must reside on premises 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 5:45 p.m. ____________________________ Thomas Savage, Chairman Page 4 of 4