Board of Zoning Appeals Agendas and Minutes

1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 October 1, 2018 5 The City of Hampton Board of Zoning Appeals held a work session on Monday, October 1, 2018 6 at 4:30 p.m. in the Hardy Cash Conference Room, City Hall, 22 Lincoln Street, Hampton, 7 Virginia. 8 9 In attendance were: Chairman John C. Pope, Vice-Chair Linda Ellis, and Board Members Dr. 10 Arne Hasselquist, Richard Rudnicki, and alternate Tim Smith. Also present were Zoning 11 Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro, 12 Deputy City Attorney Bonnie Brown, Development Services Center Manager Hannah Sabo, 13 Zoning Officials Melvion Knight, Kenar Johnson, and Angela Leflett, and Senior Administrative 14 Assistant/Recording Secretary Ann Crist. 15 Chairman Pope called the work session to order at 4:35 p.m. 16 17 Regarding VA18-00009, Zoning Administrator/Community Development Department (CDD) 18 Deputy Director Steve Shapiro advised the Board that staff’s recommendation had changed 19 to denial of the variance request. Steve Shapiro stated that staff determined the request did 20 not meet the criteria for the granting of a variance, a smaller addition could be built in 21 compliance with the required setbacks, and that the contractor was advised of the new 22 recommendation. Vice-Chair Ellis asked what size of an addition could be built within the 23 setback requirements and why staff changed their recommendation. Zoning Official Melvion 24 Knight stated that an addition of approximately 200 square feet could be built in compliance with the required setbacks. Steve Shapiro stated that staff was trying to work with the property 25 owners to bring them into compliance but after additional review it was determined that the 26 request did not meet any of the criteria for the granting of a variance. Ms. Knight provided the 27 Board with a diagram submitted by Land Surveyor Tom Savage which showed the 28 Chesapeake Bay Preservation District boundaries. A copy of this diagram is attached to these 29 minutes. 30 31 In response to a question from Board Member Hasselquist, Steven Shapiro explained that when 32 there are only four voting Board members present at a hearing the applicant is advised that 33 three positive votes are required for a motion to pass and the applicant can request a deferral 34 so that the matter could be heard by a full Board. Steve Shapiro said that this discussion is typically done on the record during the hearing. At the September hearing, Steve Shapiro 35 advised the applicant prior to the hearing that Board Member Savage had recused himself 36 from this case; at that time the applicant requested a deferral. The deferral request was 37 confirmed by the applicant and granted during the hearing. 38 39 Regarding VA18-00022, Zoning Official Angela Leflett clarified that the entire parcel is 6 Hike 40 Drive with different lots on it for the mobile homes. 41 42 There being no further items to discuss, the work session adjourned at 4:56 p.m. 43 44 45 46 47 48 BZA Minutes: October 1, 2018 Page - 1  1 AT A REGULAR MEETING AND PUBLIC HEARING OF THE BOARD OF ZONING APPEALS OF THE CITY 2 OF HAMPTON, VIRGINIA, HELD IN COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN 3 STREET, AT 5:00 P.M. ON MONDAY, OCTOBER 1, 2018 4 ITEM I. ROLL CALL 5 6 Chairman Pope called the meeting to order at 5:00 p.m. 7 8 A call of the roll noted those present: Chairman John C. Pope, Vice-Chair Linda Ellis, and Board 9 Members Dr. Arne Hasselquist, Richard Rudnicki, and alternate Tim Smith. 10 11 Also present were Zoning Administrator/Community Development Department (CDD) Deputy 12 Director Steve Shapiro, Deputy City Attorney Bonnie Brown, Development Services Center 13 Manager Hannah Sabo, Zoning Officials Melvion Knight, Kenar Johnson, and Angela Leflett, 14 and Senior Administrative Assistant/Recording Secretary Ann Crist. 15 ITEM II. MINUTES – SEPTEMBER 10, 2018 16 17 A motion was made by Vice-Chair Ellis and seconded by Board Member Hasselquist, to 18 approve the September 10, 2018 Board of Zoning Appeals work session and public hearing 19 meeting minutes. 20 21 A roll call vote on the motion resulted as follows: 22 23 AYES: Hasselquist, Rudnicki, Ellis, Pope 24 NAYS: None ABSTAIN: Smith 25 ABSENT: Savage 26 27 ITEM III. PUBLIC HEARING ITEMS: 28 29 A. VA18-00009: Nguyen Nguyen, 20 Great Lakes Dr., LRSN 8002772, a variance to 30 reduce the rear yard setback from 30.0’ to 23.0’ to construct an addition on a single 31 family dwelling. Applicant deferral request granted during September 10th Board of 32 Zoning Appeals hearing. 33 34 After being sworn in by the court reporter, Zoning Official Melvion Knight presented the case on behalf of the City which is summarized in the staff report and PowerPoint presentation. 35 36 After being sworn in by the court reporter, contractor Yom Tran presented the case on behalf 37 of the property owner, Nguyen Nguyen, which included a packet that was presented to the 38 Board. A copy of the packet is attached to these minutes. 39 40 There was no one signed up to speak on this case. 41 42 After discussion, Vice-Chair Ellis made a motion to approve the variance request with the staff 43 recommended conditions; strict application of the ordinance would unreasonably restrict of 44 the utilization of the property. The motion died for lack of a second. 45 Board Member Hasselquist made a motion to deny the variance request; the application does 46 not meet the criteria in the Virginia Code due to the fact the property can operate as a single- 47 family dwelling with the existing side, rear and front yard setbacks and a smaller addition could 48 be built in compliance with the required setbacks. The motion was seconded by Board Member Rudnicki. BZA Minutes: October 1, 2018 Page - 2