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Board of Zoning Appeals Agendas and Minutes

Regular Meeting

Hampton, VA · August 6, 2018

AgendaMinutes

Minutes

1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 August 6, 2018 5 The City of Hampton Board of Zoning Appeals held a work session on Monday, August 6, 2018 at 4:30 p.m. 6 in the Hardy Cash Conference Room, City Hall, 22 Lincoln Street, Hampton, Virginia. 7 8 In attendance were: Chairman John C. Pope, Vice-Chair Linda Ellis, and Board Members Dr. Arne Hasselquist, Richard Rudnicki, and Thomas Savage. Also present were Zoning Administrator/Community 9 Development Department (CDD) Deputy Director Steve Shapiro, Senior Assistant City Attorney Bonnie 10 Brown, Development Services Center Manager Hannah Sabo, Zoning Official Melvion Knight, City 11 Planners Corey Block and Ana Elezovic, Zoning Officials Kenar Johnson and Angela Leflett, and Senior 12 Administrative Assistant/Recording Secretary Ann Crist. 13 Chairman Pope called the work session to order at 4:30 p.m. 14 15 Zoning Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro 16 advised that the Board would need to take action on the applicant’s withdrawal request for VA18-00016. 17 18 Regarding VA18-00014, which was deferred from the July meeting, Steve Shapiro stated that staff confirmed the measurements and advised the Board that deferring this case was a correct decision 19 because the original measurements were incorrect. 20 21 Regarding VA18-00017, Board Member Savage stated that the carport is in an easement and that using 22 the dimensions given on the survey the rear corner is across the property line. City Planner Ana Elezovic stated that the applicant was advised to go to Public Works for an encroachment permit; she did not 23 know the status of that permit. Board Member Savage states that the addition was not drawn to scale on 24 the survey. Board Member Savage showed a copy of the survey with his calculations of the addition 25 drawn to scale which shows the corner of the addition approximately1.5 inches onto the neighboring 26 property; a copy is attached to these minutes. City Planner Elezovic showed the board members a photograph of the carport; a copy of the photo is attached to these minutes. Senior Assistant City 27 Attorney Bonnie Brown advised that if the Board is inclined to defer this case, the reason would be to 28 confirm the measurements. Board Member Rudnicki stated that regardless of the questions regarding the 29 measurements, this variance request does not meet any of the criteria for an approval. 30 31 Zoning Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro stated this is the second case that variance requests have been in question and/or deferred due to markings on 32 the submitted surveys not being to scale. Mr. Shapiro advised that we will start requiring the surveyor 33 place structures on the surveys to ensure they are to scale. 34 35 There being no further items to discuss, the work session adjourned at 4:48 p.m. 36 37 38 39 40 41 42 43 44 45 46 47 48 BZA Minutes: August 6, 2018 Page - 1 1 AT A REGULAR MEETING AND PUBLIC HEARING OF THE BOARD OF ZONING APPEALS OF THE CITY OF 2 HAMPTON, VIRGINIA, HELD IN COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, AT 5:00 P.M. ON MONDAY, AUGUST 6, 2018 3 4 ITEM I. ROLL CALL 5 6 Chairman Pope called the meeting to order at 5:00 p.m. 7 A call of the roll noted those present: Chairman John C. Pope, Vice-Chair Linda Ellis, and Board Members 8 Dr. Arne Hasselquist, Richard Rudnicki, and Thomas Savage. 9 10 Also present were Zoning Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro, Senior Assistant City Attorney Bonnie Brown, Development Services Center Manager 11 Hannah Sabo, Zoning Official Melvion Knight, City Planners Corey Block and Ana Elezovic, Zoning Officials 12 Kenar Johnson and Angela Leflett, and Senior Administrative Assistant/Recording Secretary Ann Crist. 13 14 ITEM II. MINUTES – JULY 2, 2018 15 A motion was made by Board Member Rudnicki and seconded by Vice-Chair Ellis, to approve the July 2, 16 2018 Board of Zoning Appeals work session and public hearing meeting minutes. 17 18 A roll call vote on the motion resulted as follows: 19 20 AYES: Hasselquist, Rudnicki, Savage, Ellis NAYS: None 21 ABSTAIN: Pope 22 ABSENT: None 23 24 ITEM III. PUBLIC HEARING ITEMS: 25 A. VA18-00014: William and Lillian Kline, 9 Omera Place, LRSN 3000528, a variance to reduce 26 the front yard setback from 31.3’ to 24’ to permit an addition on a single family dwelling. This 27 item was deferred by the board in order to correct the requested setback from 27’ to 28 24’.(Continued from July 2, 2018) 29 After being sworn in by the court reporter, City Planner Corey Block presented the case on behalf of the 30 City which is summarized in the staff report and PowerPoint presentation. 31 32 After being sworn in by the court reporter, applicant Frank Belton asked that the Board approve the 33 variance request. 34 After being sworn in by the court reporter, homeowner William Kline stated he and his wife would like to 35 enjoy the sunshine and the view out the front of their home. Mr. Kline asked the board to approve the 36 variance request. 37 38 After discussion, a motion was made by Board Member Savage to deny the variance request; it sets a bad precedent in the City of Hampton regarding the front yard setbacks. The motion was seconded by 39 Board Member Rudnicki. 40 41 A roll call vote on the motion resulted as follows: 42 AYES: Hasselquist, Rudnicki, Savage, Pope 43 NAYS: Ellis 44 ABSTAIN: None 45 ABSENT: None 46 Zoning Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro 47 advised Mr. Belton and Mr. Kline of their right to appeal the decision of the Board of Zoning Appeals to 48 the Circuit Court within 30 days. BZA Minutes: August 6, 2018 Page - 2

Agenda

BOARD OF ZONING APPEALS · CITY OF HAMPTON, VIRGINIA Meeting Agenda · August 6, 2018 CHAIRMAN: John C. (Jack) Pope. VICE-CHAIRMAN: Linda Ellis MEMBERS: Dr. Arne Hasselquist, Richard Rudnicki, Thomas Savage, Tim Smith (Alternate) WORK SESSION 4:30 PM – Hardy Cash Conference Room, 3rd Floor City Hall I. Questions about agenda items REGULAR MEETING 5:00 PM – City Council Chambers, 8th Floor City Hall I. Roll call II. Minutes of the July 2, 2018 meeting III. Public hearing items A. (Continued from July 2, 2018) VA18-00014: William and Lillian Kline, 9 Omera Pl., LRSN 3000528, a variance to reduce the front yard setback from 31.3’ to 24’ to permit an addition to a single family dwelling. This item was deferred by the board in order to correct the requested setback from 27’ to 24’. B. VA18-00016: Anthony Fortune, 830 Thames Dr., LRSN 4001074, a variance to reduce the rear yard setback from 28.33’ to 25’ to construct an addition on a single family dwelling. C. VA18-00017: Lance Engebretson, 128 Ransone St., LSRN 8002245, a variance to reduce the side yard setback from 6.50’ to 1’ to construct a detached carport in the side yard of a single family dwelling. IV. Other Items V. Adjournment As a courtesy to others during the meeting, please turn off cellular telephones or set them to vibrate. Community Development Department, Planning & Zoning Administration Division 22 Lincoln Street | Hampton, Virginia 23669 www.hampton.gov | Hampton’s 311: 757.727.8311 | O.757.727.6140

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