Board of Zoning Appeals Agendas and Minutes

1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 April 1, 2019 5 The City of Hampton Board of Zoning Appeals held a work session on Monday, April 1, 2019 at 6 4:30 p.m. in the Hardy Cash Conference Room, City Hall, 22 Lincoln Street, Hampton, Virginia. 7 8 In attendance were: Chairman John C. “Jack” Pope, and Board Members Dr. Arne Hasselquist, 9 Richard Rudnicki, and Thomas Savage. Also present were Zoning Administrator/Community 10 Development Department (CDD) Deputy Director Steve Shapiro, Deputy City Attorney Bonnie 11 Brown, Zoning Official Angela Leflett, Zoning Official Melvion Knight, and Senior Administrative 12 Assistant/Recording Secretary Ann Crist. 13 14 Chairman Pope called the work session to order at 4:30 p.m. 15 Regarding VA18-00019, Board Member Rudnicki asked if the setbacks would be different if the 16 unimproved street was not there. Zoning Official Angela Leflett advised the setback would be 17 the same. Board Member Savage stated it appeared they were building another house 18 adjoining the existing house due to the addition having two bedrooms, two full bathrooms, and 19 a full kitchen. Board Member Savage asked what the intended use of the addition was. Zoning 20 Official Angela Leflett advised that the applicant had told her that the addition was for her 21 mother. Zoning Official Angela Leflett said that the applicant would be at the hearing to 22 answer any questions. In response to questions from Chairman Pope and Board Member 23 Rudnicki, Zoning Official Angela Leflett stated the proposed addition is 791 square feet and 24 according to Geographical Information Systems and Maps (GIS) the main house is 1556 square feet. Chairman Pope and Board Member Rudnicki questioned the rear setback of the original 25 house being 23’, as well as if it would be acceptable for the addition to be at 23’ versus the 26 13.51’. Zoning Administrator/Community Development Department Deputy Director Steve 27 Shapiro stated he did not know how the rear setback was determined when the house was 28 built. Zoning Official Angela Leflett explained that all new building permits reviewed must meet 29 current code. Zoning Official Angela Leflett explained that the green area marked on the 30 survey in the meeting packet is the buildable area within the required setbacks. This area is 31 approximately 425 square feet. Zoning Official Angela Leflett said the variance request was 32 deferred in September due to a discrepancy between the survey and the building plans. The 33 original survey submitted showed the addition with a 23’ rear setback but the building plans 34 did not match the survey. Board Member Rudnicki asked if the addition would be permitted as an accessory apartment in that district. Zoning Official Angela Leflett said this addition is open 35 to the main house, not closed off as a two-family residence. Although the plans originally 36 submitted, had the addition closed off with an exterior front door. Those plans have been 37 changed to open the addition to the main house and remove the exterior front door. Deputy 38 City Attorney Bonnie Brown stated they would be held to the definition of family, which is not 39 more than four (4) unrelated persons living in the home. 40 41 There being no further items to discuss, the work session adjourned at 4:50 p.m. 42 43 44 45 46 47 48 BZA Minutes: April 1, 2019 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, APRIL 1, 2019. 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. “Jack” Pope, and Board Members Dr. 9 Arne Hasselquist, Richard Rudnicki, and Thomas Savage. 10 11 Also present were Zoning Administrator/Community Development Department (CDD) Deputy 12 Director Steve Shapiro, Deputy City Attorney Bonnie Brown, Zoning Official Angela Leflett, 13 Zoning Official Melvion Knight, and Senior Administrative Assistant/Recording Secretary Ann 14 Crist. 15 ITEM II. MINUTES – February 4, 2019 16 17 A motion was made by Board Member Savage and seconded by Board Member Hasselquist 18 to approve the February 4, 2019 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, Savage, Pope 24 NAYS: None ABSTAIN: None 25 ABSENT: Ellis 26 27 ITEM IV. PUBLIC HEARING ITEMS: 28 29 A. VA18-00019: Chonita U. Collins, 5 Rick Court, LRSN 12002957, a variance to reduce 30 the rear yard setback from 34.83’ to 13.51’ to construct an addition on a single- 31 family dwelling. Applicant deferral request granted during September 10, 2018 32 Board of Zoning Appeals hearing. 33 34 Zoning Administrator/Community Development Department Deputy Director (CDD) Steve Shapiro advised the applicant, Chonita Collins, that since there were only four (4) Board 35 Members present and it takes three (3) positive votes to approve a variance, she could ask for 36 a continuance until next month when there would be five (5) Board Members or she could 37 proceed tonight. Applicant Chonita Collins stated she would proceed. 38 39 After being sworn in by the court reporter, Zoning Official Angela Leflett presented the case on 40 behalf of the City, which is summarized in the staff report and PowerPoint presentation. 41 42 After being sworn in by the court reporter, applicant Chonita Collins explained that the 43 addition was for her disabled mother who lives with her, has difficulty climbing the stairs, and 44 would enjoy her own living space. 45 In response to a question from Board member Savage, Ms. Collins stated that the size of the 46 addition would allow her mother room to walk around in her own space, as well as a place for 47 her sisters to stay when they visit. 48 BZA Minutes: April 1, 2019 Page - 2