Board of Zoning Appeals Agendas and Minutes

1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 June 10, 2019 5 The City of Hampton Board of Zoning Appeals held a work session on Monday, June 10, 2019 at 6 4:30 p.m. in the Hardy Cash Conference Room, City Hall, 22 Lincoln Street, Hampton, Virginia. 7 8 Chairman Pope called the work session to order at 4:34 p.m. 9 10 In attendance were: Chairman John C. “Jack” Pope, Vice-Chair Linda Ellis, and Board 11 Members Richard Rudnicki, Thomas Savage and Alternate Tim Smith. Also present were Zoning 12 Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro, 13 Planning and Zoning Administration Manager Michael Hayes, Deputy City Attorney Bonnie 14 Brown, Senior Assistant City Attorney Kendall Bynum, Development Services Center Manager Hannah Sabo, Zoning Officials Angela Leflett and Melvion Knight, Codes Compliance 15 Inspector Donnie Harris, and Senior Administrative Assistant/Recording Secretary Ann Crist. 16 17 Regarding AZ19-00002, Zoning Official Melvion provided the Board with an email received 18 regarding the conditions at the property. A copy of this email is attached to these minutes. 19 20 Regarding AZ19-00003, Zoning Administrator/Community Development Department (CDD) 21 Deputy Director Steve Shapiro advised the Board that the appellant has recently hired an 22 attorney; the attorney has requested that the case be deferred until the July 1, 2019 Board of 23 Zoning Appeals hearing. A copy of the deferral request is attached to these minutes. 24 Regarding VA19-00009, Zoning Official Melvion Knight provided the Board with an email 25 received in opposition to this variance, and an amended development plan with a 9.5’ side 26 yard setback. A copy of both documents are attached to these minutes. Zoning 27 Administrator/Community Development Department (CDD) Deputy Director Steve Shapiro 28 advised that the Board could hear the case tonight because the amended request is a lesser 29 variance request than what was advertised. Additionally, the Board may defer this case if more 30 time is needed to review the recently submitted development plan; the amended 31 development plan was received on Thursday, June 6, 2019. 32 33 There being no further items to discuss, the work session adjourned at 4:49 p.m. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BZA Minutes: June 10, 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, JUNE 10, 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 Richard Rudnicki, Thomas Savage, and Alternate Tim Smith. 10 Also present were Zoning Administrator/Community Development Department (CDD) Deputy 11 Director Steve Shapiro, Planning and Zoning Administration Manager Michael Hayes, Deputy 12 City Attorney Bonnie Brown, Senior Assistant City Attorney Kendall Bynum, Development 13 Services Center Manager Hannah Sabo, Zoning Officials Angela Leflett and Melvion Knight, 14 Codes Compliance Inspector Donnie Harris, and Senior Administrative Assistant/Recording 15 Secretary Ann Crist. 16 17 ITEM II. MINUTES – May 6, 2019 18 A motion was made by Board Member Savage and seconded by Vice-Chair Ellis to approve 19 the May 6, 2019 Board of Zoning Appeals work session and public hearing meeting minutes. 20 21 A roll call vote on the motion resulted as follows: 22 23 AYES: Rudnicki, Savage, Smith, Ellis, Pope 24 NAYS: None 25 ABSTAIN: None 26 ABSENT: Hasselquist 27 ITEM IV. PUBLIC HEARING ITEMS: 28 29 A. AZ19-00002: Carlton W. Rembert , 48 Pine Chapel Road, LRSN 2000015, an appeal of 30 a notice of violation dated February 15, 2019 pertaining to unpermitted uses, 31 including “vehicle sales, of used vehicles,” “vehicle storage,” and unpermitted yard 32 sales. 33 After being sworn in by the court reporter, Zoning Official Melvion Knight presented the case on 34 behalf of the City, which is summarized in the staff report and PowerPoint presentation. 35 36 After being sworn in by the court reporter, property owner Carlton W. Rembert told the board 37 that he purchased the property with the intent to have the property rezoned and provide 38 housing, transportation, and other programs for the homeless. The vehicles were purchased for 39 this purpose but it became necessary for him to sell some of them. Mr. Rembert said he never 40 intended to break any ordinances. 41 After discussion, Vice-Chair Ellis made a motion to uphold the Zoning Administrator’s 42 determination. Board Member Rudnicki seconded the motion. 43 44 A roll call vote on the motion resulted as follows: 45 46 AYES: Rudnicki, Savage, Smith, Ellis, Pope 47 NAYS: None 48 ABSTAIN: None ABSENT: Hasselquist BZA Minutes: June 10, 2019 Page - 2  1 Zoning Administrator/Community Development Department (CDD) Deputy Director Steve 2 Shapiro advised the property owner, Carlton W. Rembert, of his right to appeal the decision of 3 the Board of Zoning Appeals to the Circuit Court within 30 days 4 B. AZ19-00003: Antonio Hinton Sr., 3311 Shell Road, LRSN 11000586, an appeal of a 5 Zoning Administrator determination letter, issued February 19, 2019, pertaining to 6 permitted primary and accessory uses of the property. 7 8 Zoning Administrator/Community Development Department (CDD) Deputy Director Steve 9 Shapiro advised the Board that the applicant has requested the case be deferred until the July 10 1, 2019 Board of Zoning Appeals hearing. 11 12 Board Member Rudnicki made a motion to defer the case until the July 1, 2019 Board of Zoning 13 Appeals hearing. Vice-Chair Ellis seconded the motion. 14 A roll call vote on the motion resulted as follows: 15 16 AYES: Rudnicki, Savage, Smith, Ellis, Pope 17 NAYS: None 18 ABSTAIN: None 19 ABSENT: Hasselquist 20 21 C. VA19-00002: Hampton Roads Sanitation District, 4 Thornrose St, LRSN 8001867, a 22 variance to reduce the rear yard setback from 20’ to 7.5’ to install a generator in 23 the rear yard of a pump station. (Deferred from May 6th, 2019) 24 After being sworn in by the court reporter, Melvion Knight presented the case on behalf of the 25 City, which is summarized in the staff report and PowerPoint presentation. 26 27 After being sworn in by the court reporter, applicant agent David Dallman presented the case 28 on be behalf of the applicant. 29 30 After being sworn in by the court reporter, neighbor Kelly Gasner spoke in opposition of the 31 variance. Ms. Gasner expressed concerns about noise levels, fuel containment, and possible 32 environmental impacts due to the generator’s operation. 33 34 After discussion, Board Member Rudnicki made a motion to approve the variance request. Vice-Chair Ellis seconded the motion. 35 36 A roll call vote on the motion resulted as follows: 37 38 AYES: Rudnicki, Savage, Smith, Ellis, Pope 39 NAYS: None 40 ABSTAIN: None 41 ABSENT: Hasselquist 42 43 44 D. VA19-00009: TU HOGAR, LLC, 300 Columbia Ave, LRSN: 2001749, a variance to reduce the side yard setback from 15’ to 5’ on a corner lot to construct a single- 45 family dwelling. 46 47 After being sworn in by the court reporter, Melvion Knight presented the case on behalf of the 48 City, which is summarized in the staff report and PowerPoint presentation. BZA Minutes: June 10, 2019 Page - 3