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, November 4, 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 October 7, 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: Pope ABSENT: None VA13-00023: Raymond H. Robinson, 2901 N. Armistead Avenue., LRSNs 6000807, 6000806 and a portion of 6000805, a variance to increase the maximum square footage of a wall sign from 70 square feet to 97.5 square feet and to increase the maximum square footage of a freestanding pylon sign from 90 square feet to 97.77 square feet at a proposed retail establishment. After all witnesses were sworn in by the court reporter, Zoning Administrator Steve Shapiro stated that the staff recommendation regarding the application to increase the maximum square footage of a wall sign from 70 square feet to 97.5 square feet and to increase the maximum square footage of a freestanding pylon sign from 90 square feet to 97.77 square feet at a proposed retail establishment 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. No one appeared on behalf of the variance. After discussion, a motion was made by Board Member Gentry and seconded by Board Member Pope 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 Page 1 of 2  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 stated that the applicant had 30 days to appeal this decision to the Hampton Circuit Court. Additional items: Consideration of the reappointment of Ms. Linda Ellis, to serve a new term on the Board of Zoning Appeals. Ms. Ellis’s current term expires on December 31, 2013. After discussion, a motion to forward a recommendation to Hampton City Council that Linda Ellis be appointed, was made by Board Member Pope and seconded by Vice-Chairman Peters. A roll call vote on the motion resulted as follows: AYES: Gentry, Pope, Peters, Savage NAYS: None ABSTAIN: Ellis ABSENT: None There being no further business to come before the Board, the meeting was adjourned at 5:05 p.m. ____________________________ Thomas Savage, Chairman Page 2 of 2