Board of Zoning Appeals Agendas and Minutes

1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 May 6, 2019 5 The City of Hampton Board of Zoning Appeals held a work session on Monday, May 6, 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, Vice-Chair Linda Ellis, and Board 9 Members Dr. Arne Hasselquist, Richard Rudnicki, and Alternate Tim Smith. Also present were 10 Planning and Zoning Administration Manager Michael Hayes, Deputy City Attorney Bonnie 11 Brown, Development Services Center Manager Hannah Sabo, Zoning Officials Angela Leflett 12 and Melvion Knight, Chief Planner Donald Whipple, applicant agent David Dallman, and 13 Senior Administrative Assistant/Recording Secretary Ann Crist. 14 Chairman Pope called the work session to order at 4:30 p.m. 15 16 Planning and Zoning Administration Division Manager Michael Hayes advised the board 17 members that he would be filling in for Steve Shapiro tonight. Deputy City Attorney Bonnie 18 Brown advised the board members that due to staffing they would like to move the June 3, 19 2019 Board of Zoning Appears hearing to June 10, 2019. Board Member Hasselquist stated he 20 would not be in town that day but all other members present stated they were available on 21 June 10, 2019. Deputy City Attorney Bonnie Brown thanked the board members for their 22 flexibility. 23 24 Regarding VA19-00002 and VA19-00003, Planning and Zoning Administration Division Manager Michael Hayes advised there was a mistake in advertising these two (2) cases. The requested 25 variance distances for the parcels were reversed in the advertisement. Due to this error, VA19- 26 00002 will need to be deferred so it can be advertised correctly; the Board can act on VA19- 27 00003 tonight since the actual request is for a lesser variance than what was advertised. In 28 response to a question from Vice-Chair Ellis, Zoning Official Melvion Knight stated she had a 29 couple of inquiries about how the variance would affect neighboring properties. Zoning 30 Official Melvion Knight advised those inquiring that the variances only applied to the rear yard 31 setbacks of the properties listed on the variance requests. In response to a question from 32 Alternate Smith and Vice-Chair Ellis, applicant agent David Dallman advised the Environmental 33 Protection Agency (EPA) has mandated that there must be a second source of power to a 34 pump station for emergencies and that this generator will operate on diesel fuel. 35 Regarding VA19-00004, Donald Whipple provided the board members a copy of the objection 36 letter from Coliseum Central Business Improvement District (CCBID) regarding the third wall sign. 37 38 Regarding VA19-00005, VA19-00006, and VA19-00007, Planning and Zoning Administration 39 Manager Michael Hayes stated that the City would present these three (3) variance requests in 40 one presentation, but the Board would need to vote on each case separately. Zoning Official 41 Angela Leflett gave the board members a copy of the objection letter from Coliseum Central 42 Business Improvement District (CCBID) regarding the third wall sign. In response to a question 43 from Vice-Chair Ellis, Donald Whipple explained that the allowable size of wall signage is based 44 on the frontage size of a business. 45 In response to a question from Vice-Chair Ellis, Michael Hayes stated that work is in process to 46 update the sign ordinance although it is unclear when the amendment will be finished. 47 48 There being no further items to discuss, the work session adjourned at 4:51 p.m. BZA Minutes: May 6, 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, MAY 6, 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, Vice-Chair Linda Ellis, 9 and Board Members Dr. Arne Hasselquist, Richard Rudnicki, and Alternate Tim Smith. 10 11 Also present were Planning and Zoning Administration Manager Michael Hayes, Deputy City 12 Attorney Bonnie Brown, Development Services Center Manager Hannah Sabo, Zoning Officials 13 Angela Leflett and Melvion Knight, Chief Planner Donald Whipple, and Senior Administrative 14 Assistant/Recording Secretary Ann Crist. 15 ITEM II. MINUTES – April 1, 2019 16 17 A motion was made by Board Member Rudnicki and seconded by Board Member Hasselquist 18 to approve the April 1, 2019 Board of Zoning Appeals work session and public hearing meeting 19 minutes. 20 21 A roll call vote on the motion resulted as follows: 22 23 AYES: Hasselquist, Rudnicki, Pope 24 NAYS: None ABSTAIN: Smith, Ellis 25 ABSENT: Savage 26 27 ITEM IV. PUBLIC HEARING ITEMS: 28 29 A. VA19-00002: Hampton Roads Sanitation District, 4 Thornrose St., LRSN 8001867, a 30 variance to reduce the rear yard setback from 35’ to 7.5’ to install a generator in 31 the rear yard of a pump station. 32 33 Planning and Zoning Administration Manager Michael Hayes advised the Board that due to an 34 error in the advertising of this case it is necessary to defer the case so that it may be advertised correctly. 35 36 Vice-Chair Ellis made a motion to approve the deferral of this case until the June 10, 2019 37 hearing. Alternate Smith seconded the motion. 38 39 A roll call vote on the motion resulted as follows: 40 41 AYES: Hasselquist, Rudnicki, Smith, Ellis, Pope 42 NAYS: None 43 ABSTAIN: None 44 ABSENT: Savage 45 B. VA19-00003: Hampton Roads Sanitation District, 5 Silver Isles Blvd., LRSN 11000586, a 46 variance to reduce the rear yard setback from 20’ to 8.85’ to install a generator in 47 the rear yard of a pump station. 48 BZA Minutes: May 6, 2019 Page - 2  1 Planning and Zoning Administration Manager Michael Hayes advised the Board that this case 2 also had an error in advertising. In this case, since the actual variance request is less than what 3 was advertised the Board can hear the case tonight. 4 After being sworn in by the court reporter, Zoning Official Melvion Knight presented the case on 5 behalf of the City, which is summarized in the staff report and PowerPoint presentation. 6 7 After being sworn in by the court reporter, applicant agent David Dallman presented the case 8 on behalf of the applicant. 9 10 After discussion, Vice-Chair Ellis made a motion to approve the variance request. Board 11 Member Hasselquist seconded the motion. Board Member Rudnicki asked that it be clarified 12 that the approval is for the requested variance, not the incorrectly advertised variance 13 request. 14 A roll call vote on the motion resulted as follows: 15 16 AYES: Hasselquist, Rudnicki, Smith, Ellis, Pope 17 NAYS: None 18 ABSTAIN: None 19 ABSENT: Savage 20 21 C. VA19-00004: Michael Pisa, 2878 Kilgore Ave., LRSN 13004286, a variance to increase 22 the number of building facades which may hold wall signage from 2 to 3 to allow 23 wall signage on a third facade of an existing building. 24 After being sworn in by the court reporter, Chief Planner Donald Whipple presented the case 25 on behalf of the City, which is summarized in the staff report and PowerPoint presentation. 26 27 After being sworn in by the court reporter, applicant Michael Pisa explained that the additional 28 wall sign was necessary for visibility to motorists entering Peninsula Town Center on Von Schilling 29 Drive. 30 31 After discussion, Vice-Chair Ellis made a motion to approve the variance request. 32 Alternate Smith seconded the motion. 33 34 A roll call vote on the motion resulted as follows: 35 AYES: Smith, Ellis, Pope 36 NAYS: Hasselquist, Rudnicki 37 ABSTAIN: None 38 ABSENT: Savage 39 40 After being sworn in by the court reporter, Zoning Official Angela Leflett presented the 41 following three (3) cases on behalf of the City, which is summarized in the staff report and 42 PowerPoint presentation. Each case was voted on separately. 43 44 After being sworn in by the court reporter, applicant agent Doug Collins presented the case on behalf of the applicant. Mr. Collins present the Board with a drawing showing that the actual 45 measurements of the lettering on the sign is only 47.3 square feet. A copy is attached to these 46 minutes. Zoning Official Angela Leflett explained that sign area is measured by placing a 47 rectangular box at the outside edges of the sign rather than the exact size of each letter. 48 Accordingly, the 47.3 square feet measurement is not correct. BZA Minutes: May 6, 2019 Page - 3