Board of Zoning Appeals Agendas and Minutes

BOARD OF ZONING APPEALS · CITY OF HAMPTON, VIRGINIA Meeting Agenda · June 7, 2021 CHAIRMAN: John C. (Jack) Pope VICE-CHAIRMAN: Michael Harris MEMBERS: Dr. Arne Hasselquist, Dr. Tamika Lett, Rev. Joshua N. King, Sr., Philip Siff (Alternate) WORK SESSION/TRAINING 4:00 PM – Community Development Conference Room, 5th Floor City Hall I. Presentation on the Zoning Ordinance Amendments passed in 2020 II. Questions about agenda items REGULAR MEETING 5:00 PM – City Council Chambers, 8th Floor City Hall I. Roll call II. Minutes of the May 3, 2021 meeting III. Public hearing items A. (Deferred from May 3, 2021) VA21-00003: Raymond & Melita Carney, 4 Pleasant Way, LRSN 13002532, request for a variance to reduce the required rear yard setback from 32.3 feet to 26.9 feet to construct a rear sunroom addition to the existing single family dwelling. This variance request has been withdrawn by the applicant. B. VA21-00004: Q-Design, 1410 Chesapeake Ave, LRSN 1005057, request for a variance to reduce the required side yard setback from 10 feet to 1.3 feet to construct a 2 car garage and bring an existing legally nonconforming detached garage into compliance. 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  1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 WORK SESSION SUMMARY 3 4 5 The City of Hampton Board of Zoning Appeals (BZA) held a work session on Monday, 6 May 3, 2021 at 4:00 p.m. in the Community Development Conference Room, City Hall, 7 22 Lincoln Street, Hampton, Virginia. 8 Chairman Pope called the work session to order. 9 10 A call of the roll noted those present: Chairman John Pope, Board Members Dr. Arne 11 Hasselquist, Dr. Tamika Lett, Rev. Joshua King, and Alternate Philip Siff. Board Member Michael 12 Harris arrived after the roll call. Also present were Zoning Administrator Hannah Sabo, Deputy 13 City Attorney Bonnie Brown, Senior Zoning Official James Gillie, and Administrative Assistant/ 14 Recording Secretary Margaret Leach. 15 16 Zoning Administrator Hannah Sabo informed the Board that Alternate Tim Smith had submitted 17 his resignation and that Mr. Siff is now the only alternate for the Board. 18 Ms. Sabo stated that Deputy City Attorney Bonnie Brown would be late arriving, but advised 19 the Board to proceed with the work session. 20 21 The Board discussed the agenda item with the following information being provided. There 22 were several questions regarding the use of the sunroom addition. Senior Zoning Official James 23 Gillie stated that he had some conversation with the applicant, but the applicant was not 24 clear on his intentions. 25 26 Ms. Brown then held a training session for the Board regarding Roberts Rules of Order and FOIA 27 (Freedom of Information Act). The purpose of the work session was to aid the Board Members in efficient decision-making as a BZA member. 28 29 There being no further items to discuss, the work and training sessions adjourned at 4:40 p.m. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BZA Minutes: May 3, 2021 Page – 1  1 AT A REGULAR MEETING AND PUBLIC HEARING OF THE BOARD OF ZONING APPEALS 2 (BZA) OF THE CITY OF HAMPTON, VIRGINIA, HELD IN COUNCIL CHAMBERS, 8TH FLOOR, 3 CITY HALL, 22 LINCOLN STREET, AT 5:00 P.M. ON MONDAY, MAY 3, 2021. 4 5 ITEM I. ROLL CALL 6 7 Chairman Pope called the meeting to order at 5:00 p.m. 8 A call of the roll noted those present: Chairman John Pope, Board Members Dr. Arne 9 Hasselquist, Michael Harris, Rev. Joshua King, and Dr. Tamika Lett. Alternate Board Member 10 Philip Siff was present as an observer. 11 12 Also present were Zoning Administrator Hannah Sabo, Senior Zoning Official James Gillie, City 13 Planner Garek Hannigan, Deputy City Attorney Bonnie Brown, and Administrative 14 Assistant/Recording Secretary Margaret Leach. 15 16 ITEM II. MINUTES – APRIL 5, 2021 17 A motion was made by Board Member Hasselquist and seconded by Board Member King to 18 approve the April 5, 2021 Board of Zoning Appeals (BZA) public hearing meeting minutes. 19 20 A roll call vote on the motion resulted as follows: 21 22 AYES: Hasselquist, Harris, Lett, King, Pope 23 NAYS: None 24 ABSTAIN: None 25 ABSENT: None 26 27 ITEM III. ELECTION OF OFFICERS: 28 A motion was made by Board Member Hasselquist and seconded by Board Member Lett to 29 nominate John Pope as Chairman for the BZA. 30 31 A roll call vote on the motion resulted as follows: 32 33 AYES: Hasselquist, Harris, King, Lett, Pope 34 NAYS: None 35 ABSTAIN: None 36 ABSENT: None 37 38 A motion was made by Board Member Hasselquist and seconded by Board Member Lett to 39 nominate Michael Harris as Vice Chair for the BZA. 40 41 A roll call vote on the motion resulted as follows: 42 43 AYES: Hasselquist, Harris, King, Lett, Pope 44 NAYS: None 45 ABSTAIN: None 46 ABSENT: None 47 48 BZA Minutes: May 3, 2021 Page – 2  1 ITEM IV. PUBLIC HEARING ITEMS: 2 3 A. VA21-00003: Raymond & Melita Carney, 4 Pleasant Way, LRSN 13002532, request for 4 a variance to reduce the required rear yard setback from 32.3 feet to 26.9 feet to construct a rear sunroom addition to the existing single-family dwelling. 5 6 After being sworn in by the court reporter, Senior Zoning Official James Gillie presented the 7 case on behalf of the City. 8 9 The applicants, Raymond & Melita Carney, were not in attendance. 10 11 After discussion, a motion was made by Board Member Harris and seconded by Board 12 Member King to defer the variance request in order to gain more information from the 13 applicant. 14 A roll call vote on the motion resulted as follows: 15 16 AYES: Hasselquist, Harris, King, Lett, Pope 17 NAYS: None 18 ABSTAIN: None 19 ABSENT: None 20 21 ITEM V. OTHER ITEMS 22 23 There were no other items to discuss by the Board. 24 ITEM VI. ADJOURNMENT 25 26 There being no further business for the Board, the meeting was adjourned at 5:15 p.m. 27 28 29 ____________________________ 30 John C. Pope 31 Chairman 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BZA Minutes: May 3, 2021 Page – 3  BOARD OF ZONING APPEALS STAFF EVALUATION June 7, 2021 Case No. VA21-00004 Prepared By: Angela Leflett, PARCEL Zoning Official Case Type: Variance Location: 1410 Chesapeake Ave Zoning District: R-13 Overlay Zones: Flood Zone, CBPD Owner: Francis Gates III & Lisa Fowler R-13 Applicant: Q-Design Request: A variance to reduce the required side yard setback from 10’ to 1.3’ to construct a 2 car garage and bring an existing legally nonconforming detached garage into compliance. Applicable Zoning Ordinance Section(s) Ch. 4, Art. X, Sec. 4-65: “Building setback regulations.” The depth of the 2 side yards shall total at least 25% of the lot width, measured at the front setback line. No individual side yard shall be less than 10% of the lot width unless the total side yard depth is required to be 25 feet or more. In that case, 1 of the side yards may be reduced to 10 feet in depth, with the balance of the 25% located in the remaining side yard. Any side yard along the side street of a corner lot shall not be less than 15 feet. Summary VA21-00004 is a request to reduce the required side yard setback from 10 feet to 1.3 feet to construct a 2 car garage as well as bring an existing legally nonconforming garage into compliance. On July 3, 1956, the Board of Zoning Appeals approved a variance to erect a 10’ x 9’ addition onto the existing legally nonconforming 12’ x 20’ garage. 1410 Chesapeake Avenue was built in 1920 and is a part of the Old Wythe Historical District, registered with the Virginia Department of Historic Resources. The Old Wythe Historic District was registered on the Virginia Landmark Register on 9/18/2008 and the National Register of Historic Places on 10/31/2012. Currently the City of Hampton has not adopted any local Historic Districts. This property is located within the Chesapeake Bay Preservation District with both the IDA and RMA buffers on the property. The proposed detached garage will be placed within the RPA buffer in order to avoid any additional impervious area within the IDA. The applicant is requesting the reduction in the side yard setback in order to construct a garage that can accommodate two vehicles to protect them from exposure to salt spray from the nearby  BOARD OF ZONING APPEALS STAFF EVALUATION Bay. The garage will be attached to the current home by a covered walkway to allow protected access to the home directly from the garage. Upon review of the variance request, it was discovered that there is a legally nonconforming detached garage that does not meet side yard setbacks. The applicant agreed to request that the setback reduction reduce the required side yard to 1.3’ in order to bring the 1920’s detached garage into compliance. The applicant has not submitted elevations for the proposed structure at this time. Criteria for Review of Variances See Virginia Code §15.2-2201 and §15.2-2310; Zoning Ordinance §13-11 Summary of Criteria Staff Considerations 1. Strict application of the terms of the ordinance  The property is currently in use as a would unreasonably restrict utilization of the single family dwelling. property or that granting a variance would alleviate an undue hardship due to a physical  The lot is not substandard in condition relating to the property; frontage or area. 2. The property interest for which the variance is being requested was acquired in good faith and  The single family dwelling is 3,200 sq. any hardship was not created by the applicant for ft. which is above the minimum the variance; required dwelling area for a single 3. The granting of the variance will not be of family dwelling in that district (2,000 substantial detriment to adjacent property and sq. ft.) nearby properties in the proximity of that geographical area;  The rear yard is encumbered by the 4. The condition or situation of the property concerned is not of so general or recurring a Intensely Developed Area nature as to make reasonably practicable the subsection of the Chesapeake Bay formulation of a general regulation to be Preservation District. adopted as an amendment to the ordinance; 5. The granting of the variance does not result in a  There is an existing detached use that is not otherwise permitted on such garage that is legally non- property or a change in the zoning classification conforming and setback 1.3’from of the property; and the side property line. 6. The relief or remedy sought by the variance  There was a previous Board of application is not available through a special Zoning Appeals action which exception process or the process for modification permitted the construction of an of a zoning ordinance pursuant to subdivision A4 addition onto the detached of §15.2-2286 at the time of the filing of the garage. variance application. Staff Recommendation: Denial Based on the information provided by the applicant and evaluation of the standards of review for variances provided in Sec. 13-11(2) of the Zoning Ordinance, staff recommends denial of VA21-00004. Example Motions: EXAMPLE MOTION TO APPROVE VARIANCE: I move we approve the variance because strict application of the ordinance would [unreasonably restrict utilization of the property/create an undue hardship] due to [INSERT JUSTIFICATION] and all the other criteria in the Virginia Code are met.  BOARD OF ZONING APPEALS STAFF EVALUATION EXAMPLE MOTION TO APPROVE VARIANCE WITH CONDITIONS: I move we approve the variance with the conditions recommended by staff because strict application of the ordinance would [unreasonably restrict utilization of the property/create an undue hardship] due to [INSERT JUSTIFICATION] and all the other criteria in the Virginia Code are met. EXAMPLE MOTION TO DENY VARIANCE: I move we deny the variance because the application does not meet the criteria in the Virginia Code due to [INSERT JUSTIFICATION]. Parcel  Board of Zoning Appeals OFFICE USE ONLY Date Received: RECEIVED Complete this application in its entirety and submit along with the By angela.leflett at 2:39 pm, 4/22/21 required materials (listed in Step 2 below) to the following address: Case Number: VA / SX / AZ / EX 2 __ 1 0 0 __ - __ __ 0 __ 0 __ 4 __ City of Hampton, Community Development Department 22 Lincoln Street, 3rd Floor Hampton, Virginia 23669 Application for (check one):  ✔ variance (VA)  appeal of the zoning administrator’s or  Chesapeake Bay Exception (EX)  special exception (SX) zoning administrative officer’s decision (AZ) 1. PROPERTY INFORMATION 1410 Chesapeake Avenue Address or Location ________________________________________________________________________________ 1005057 LRSN __________________________ R-13/3B Zoning District __________________________________________________ Residential Current Land Use _________________________________________________________________________________ Residential Proposed Land Use ________________________________________________________________________________ The proposed use will be at/in:  an existing building  ✔ a new addition  a new building 2. SUBMITTAL REQUIREMENTS & DETAILS All applications must include the following four items: (1) a recent survey plat of the property; (2) application fee of $100 for single-family residential uses, $250 for all other uses, payable to the City of Hampton; (3) a written description of request (use the space below or submit as a separate document) which describes the request, and for variances, how the request meets the following criteria for a hardship under the Code of Virginia (Sec. 15.2-2201): A variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and: (i) The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (ii) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; (iv) The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance pursuant to a subdivision A4 of § 15.2-2286 at the time of the filing of the variance application. Development of any property is subject to compliance with all applicable codes, regulations and ordinances, regardless of whether such is specified in a Board of Zoning Appeals approval  Description of request: See attached. and (4) the following: Variance Special Exception Appeal of the Zoning Administrator’s Decision or Appeal of a Zoning Administrative Officer’s For requests relating to Day Care Decision signage, submit plans showing Supplement form detail of the sign type, size, In the description of request, include the date of the design, and location decision being appealed and the reason for appeal Chesapeake Bay Exception (1) A recent, to scale physical survey of the property, prepared by a licensed surveyor that must include: a) Environmental Site Assessment: RPA, RMA, IDA buffer areas, RPA features, and wetlands drawn and clearly labeled. b) Erosion and Sediment Control Plan; Silt Fences, Construction Entrances, etc. c) All proposed improvements to the property; new buildings, new roads/infrastructure, etc. (2) Water Quality Impact Assessment (see attached); (3) Background Information (property deeds, recorded plats, date stamped photos, prior approvals, etc.); Additional information may be required at the Zoning Administrator’s discretion Development of any property is subject to compliance with all applicable codes, regulations and ordinances, regardless of whether such is specified in a Board of Zoning Appeals approval  1410 Chesapeake Ave. Description of Request 4.21.21 The owners of the above referenced property, Francis and Lisa Gates, wish to obtain a variance for the side yard zoning setback to construct a two-car garage attached to their waterfront home as the existing unattached 1920 one car garage is too small for modern vehicles. A new garage will not only house both of their vehicles but also protect them from exposure to the corrosive effects of salt spray thus reducing maintenance costs for the owners. It will also protect the cars from wind-blown debris of storms, snow, sleet, and hail thus reducing potential insurance claims. Just as important, it will now afford the owners covered/protected access to their home in inclement weather and provide lockable security for their vehicles. In this district, the required side yards shall total at least 25% of the lot width as measured at the front setback line (100.38 feet x 25% = 25.1 feet). The proposed will equal 25.4 feet. However, no side yard shall be less than 10% or if the side yards is required to be 25 feet or more, one of the side yards may be reduced to 10 feet. Therefore, a variance is requested to reduce the lesser side yard to 5 feet. Some other salient points: • A vehicular garage is a permitted use for this residential district. • The proposed garage meets all other zoning setbacks. The proposed height will not exceed the maximum allowed. The front yard to the proposed addition will be approximately 100 feet (30 foot minimum required or average of blocks but not less than 20 feet). • The waterfront houses in this section of Chesapeake Avenue, due to both irregular coastline and over 100 years of development, have varying setbacks. Attached and detached garages on the non-water/street side of the homes are common in this area. This addition will not be detrimental to neighbors’ views. • The front yard with the proposed addition will comply with the “Green Area Requirements” (67% rather than the minimum 60%). Please refer to attached C-1 document. • The site is in a RMA/IDA zone, not RPA and within a Zone X flood area. A garage is a permitted encroachment and approximately half of the proposed site is currently impervious paving.  ⅊ EXTENDS TO MEAN LOW HAMPTON WATER ROADS RIP- RAP ⅊ EXTENDS TO MEAN LOW 2 25 WATER 0.7' ON CONC G.2 . HEA S30°1 DWA ,P 5'36"E LL MTL. FENCE 35 2 103.7 .1 8' 0.3' ON .B B UF F D ER TRAVERSE LINE ONLY ' IDA 100 N48°24'30"E MTL. FENCE S48°46'25"W 1.4' EXISTING 2-S-BRK AC(2) EXISTING BRICK 5.25' 3.5' #1410 GARAGE EXG. PORCH GEN 1.3' 2.5' 1.5' ON 16.3' 5.0' EXG. PORCH 33.5' L OU ' RM NEW CONNECTING A BU PROPOSED BRICK BREEZEWAY F F ER GARAGE 24.0' +/ - 19 ' - 100 0" PP 277.53' ' ± 100 OUL 265.10' GREEN SPACE ACCOUNTS FOR 67% OF FRONT YARDAGE DASHED RED LINE INDICATES FRONT ACREAGE BOUNDARY (0.29 ACRES) IRF 125.06' N37°02'44" IPF W (RECORD- 100.38' IPF 116'± N46° 12'E 100.34 ') CHESAPEAK E AVENUE AVE EXTEND C ORCHARD 100' R/W ED SCALE: 1" = 40' - 0" 04/21/21 0 40 80 Preliminary Gates Garage NO. DATE ISSUE 4/14/21 FOR CLIENT REVIEW Not For 1410 Chesapeake Ave, 4/21/21 FOR VARIANCE Construction Hampton, VA 23661 Proposed Garage Plan/Green C-1 Space Calcs  77 value of their property. Mr. Wormom presented a new plat requesting a change in zone northeast for the.rear of lots 74 and 75, beginning at a point at the in direction for a distance corner of lot 74 thence going a southerly of 85 feet, thence west 100 feet thence north 94 feet thence 135 feet east to the point of beginning. fln motion of A. R. Dunn seconded by T. M. Butler, that this board recommend to the City Council the change in zone as requested. A roll call vote resulted as follows: Butler, Dunn, Embrey, Sinclair Ayes: Nays: None S~ ~~~ IInanuel Green spoon, 3102 public hearing was held this evening for A to permit 1410 Chesapeake Avenue, to consider granting permission the erection of storage to be attached to a nonconforming garage. On motion of B. C. Embrey seconded by T. M. Sinclair, that this board grant permission as requested. A roll call vote resulted as follows:. Butler, Dunn, E4nbrey, Sinclair Ayes: None Nays: n `\~ W 6 3103 public hearing was held this evening for James Flhite, A from the required Maynard Street, to consider granting a variance rear yard restrictions of 30 feet to 10 feet to permit the erection of an open attached carport. On motion of B. C. Embrey seconded by A. R. Dunn, that the variance from the rear yard restrictions be granted as requested. A roll call vote resulted follows: as Apes: Butler, Dunn, Embrey, Sinclair Nays: None t' a- Albert 3104 pizhlic hearing was held this evening for A Hutton, 11 Acorn Drive, to consider granting relief from the required of 10 feet to 2 feet to permit the erection sideyard restrictions of a carport. Mr. Hutton presented letters from J. B. Morgan and G. F. Hatchett the adjacent property owners stating that they do not object to the variance being granted. On motion of F. M. Sinclair seconded by T. M. Butler, that this board grant the sideyard variance as requested. A roll call vote resulted as follows: Butler, Dunn, Embrey, Sinclair Ayes: Nays: None