Board of Zoning Appeals Meeting Packets

SUFFOLKBOARD OF ZONING APPEALS NOVEMBER 1.4,2023 AGENDA MNsfrlo\o 1616 Suffotx trr2 4 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT OFFICE OF THE ZONING ADMINISTRATOR JENNIFER COBB, ZONING ADMINISTRATOR cobb@suffolkva.us VACANT, SECRETARY THE REGULAR MEEING WILL BE HELD AT 2:00 P.M., IN THE SUEFOLK CITY COIINCIL CIIAMBERS OF THE SUEFOLK MIINICIPAL BUILDING,442 W. WASHINGTON STREET. IF YOU CAAA/OT ATTEND THIS MEETING, PLEASE CALL THE CITY OE SUFFOLK DEPARTMENT OIT PLANNING 8 COMMIINITY DEWLOPMENT AT (757) 51,4-4151., PRIOR TO 12:00 NOON ON FITIDA NOI,fMBERlO 2023. ADMINISTRArION  AGENDA CITY OF SUFFOLK BOARD OF ZONING APPEALS NOVEMBER 1,4,2023 CITY COUNCIL CHAMBERS I. CALLTOORDER&ROLLCALL II. APPROVAL OF MINUTES October 10,2023 - Regular Meeting UI. OLD BUSINESS IV. PUBLIC HEARINGS BZA32-2023 - 312 E Washington St - Dallas El1is on behalf of United Full Gospel Revival Center V. NEWBUSINESS VI. ADJOURNMENT  MINUTES SLTFOLK BOARD OF ZONING APPEALS ocroBER 1,0,2023 2:00 P.M. The regular meeting of the Suffolk Board ol Zonimg Appeals was held on Tuesday, October "10,2023 at 2:00 p.m., in the City Council Chambers, located at M2 rN. Washington Street, Suffolk, Virginia, with the following persons present: MEMBERS: STAFF: Melissa Venable, Chairman Melvion Knigh! Asst. Zoning Administrator Richard Esieeck, Vice Chairman Jennifer Cobb, Zoning Adminiskator Corey Komegay Shante'Hall The meeting was called to order by Chairman Venable. The ro11 call reflected that all Board members were present except Board member Epps. The minutes for the September 2023 meeting were approved by motion from Vice Chaiman Esleeck and second by Board member Kornegay and passed by recorded of vote 4-0. OLD BUSINESS: PUBLIC HEARINGS: The BZA 28-2023 Staff Report was read by Jennifer Cobb and the StaJf Analysis Recommendation was read by Melvion Knight, Asst. Zoning Adminishator. The hearing was opened, time lirnits were stated and appearing in favor of the application was Brennan Branch of BC Branch Enterprises for any questions that the board had. There was no one else appearing in favor or opposition and the hearing was closed. A motion for denial was made by Vice Chairman Esleeck, Seconded by Chariman Venable and passed by recorded vote of 3-1 with Board member Kornegay in opposition. The BZA 29-2023 Statf Report was ready by Jenni{er Cobb and the Staff Analysis Recommendation was read by Melvion Knight, Asst. Zoning Administratol. The hearing was opened, time limits were stated. Appearing in favor was Gilbert LaMay. Mr. LaMay gave a brief history of the property and what he was proposing to do. Also appearing in favor was Brennan Branch who expressed his concerns of another lot the Board approved previousiy with similarities. There was no one else appearing in favor or opposition and the hearing was closed. There were questions from the Board. A motion for denial was made by Vice Chairman Esleeck, Seconded by Chariman Venable and passed by recorded vote of 3-1 with Board member Kornegay in opposition. The BZA 30-2023 Staff Report was ready by Jenniler Cobb and the Staff Analysis Recommendation was read by Melvion Knigh! Asst. Zoning Administrator. The hearing was opened, time limits were stated. Appearing in favor was Stuart Sheffield, P.E., on the behalf of the owner of the Chic-Fil-A. Mr. Sheffield answered questions from the Board and explained where the new drive thru lane would go on the property and what would be removed to accommodate the new lane. There was no one else appearing in favor or opposition and the hearing was closed. A motion for approval was made by Chairman Venable with the exceptions that Chic-Fil-A provide more pedeskian crosswalk effects etc. The motion was Seconded by Board member Komegay and passed by recorded vote of 40. The BZA 31,-2023 Staff Report was ready by Jennifer Cobb and the Staff Analysis Recommendation was read by Melvion Knight, Asst. Zoning Administrator. The hearing was opened, time limits were stated. Appearing in favor were homeowners, Mr. and Mrs. Benjamin Char1ey. Mr. and Mts. Charley gave history of the property and how many fences they've had erected and the hatdship that they were facing should the Board deny their request. There was a discussion amongst the Board members. There was no one else appearing in favor or opposition and the hearing was closed. A motion for approval was made by Board member Komegay, Seconded by Board member Hall and passed by recorded vote of 4-0. NEWBUSINESS: There was no other business and the meeting was adjoumed 2 BZA32-2023  STAFF REPORT/APPLICATION BZA 32-2023 Applicant: Dallas Ellis, on the behalf of United Full Gospel Revival Center Location: 312 E Constance Rd Tax Map and Parcel Number: 34G6(1)C-1-2-3-4-5 Account # 353714400 Zoning Category: RM, Residential Medium Adjacent Zoning: Norfh: RM, Residential Medium South; RM, Residential Medium/ C, Conservation Easl: C, Conservation West: RM, Residential Medium Application: Request a variance to reduce the required rear yard from 25 feet to 10.3 feet. Hearing Date: November 14,2023 Background lnformation The applicant, Dallas Ellis, on the behalf of United Full Gospel Revival Center, is requesting a variance from the Unified Development Ordinance (UDO) Article 4, Section 31-407, Table 407-1(c), Dimensional Standards (M), to reduce the required rear yard setback from 25 feet to 10.3 feet for a new modular building. The property is identified as Tax Map and Parcel 34G6(1)C-1.2.3.4*5, located at 312 E Constance Rd, Suffolk, Virginia, Suffolk voting borough, zoning classification RM, Residential Medium. This variance request was advertised in the Suffo/k News Herald, and a notice was mailed to adjacent property owners in accordance with Section 15.2-2204 of the Code of Virginia. The public notice sign was posted on the property pursuant to the request of the Zoning Administrator. Staff Analysis and Recommendation: ln accordance with Section 31-309(cX2) of the UDO, a variance may be granted by the Board only if the applicant establishes compliance with the hardship criteria established in Section 15.2-2309 of the Code of Virginia. An excerpt from the State Code which outlines the established criteria is attached at the end of this report. ln approving a variance, the Board must find, conditioned upon the applicant having acquired the property in good faith, that the applicant's situation is unique due to the particular physical surroundings, size, shape, topographical condition or other extraordinary situation and not shared by other properties in the same zoning district and vicinity. The Board must also find that the denial of the variance would result in undue hardship rather than an inconvenience, that the character of the diskict would not be changed as a result of the granting of the variance, and that the situation is not such of a general nature that it would require a text amendment to the Zoning Ordinance to achieve compliance. The applicant states the current building occupied as a place of worship dates back to 1974. Over the years, the primary facility saw an increase in the number of attendees and searched for an alternative solution to managing the growth of the congregation. The church received the accessory (modular) building as a donation to aid in the need for additional space. The placement of the modular building was installed in the western. portion of the lot considered the side yard. Following an inquiry from a concerned citizen, the Zoning lnspectors for the Community Development Division conducted a site inspection for the new addition to 312 E. Constance Rd. The inspection lead staff to find the accessory building was not properly permitted prior to the placement of the structure on site which failed to meet the rear yard setback for the RM, Residential Medium zoning district. From the start of the investigation, the building code and zoning ordinance regulations were stated as possible concerns for the modular building. The zoning staff spoke with Mr. Ellis and other representatives of the church on the dimensional requirements for lots in the Residential Medium (RM) zoning district. Although, the lot complies with the requirements of the Table 407-1 , the placement of the modular building fails to meet the rear yard setback of 25 feet. The city staff reviewed other options to prevent the submission of a request for a variance to the Board of Zoning Appeals, however, no options were available to prevent the possible encroachment into the rear yard setback or grant a reduction administratively. The properties to the north and west of the building are under the same ownership as the place of worship. However, if theplaceof worship were to expand the footprint of the main building or relocate the modular building to a lot under the same ownership, the applicant would create a major impact to an area protected by the 100-foot Resource Protection Area (RPA) ofthe Chesapeake Bay Preservation Area (CBPA). Due to the findings presented, staff recommends approval of the request.  GENERAL LOCATION MAP W BZA2023-032 't , r.i ?t , \ r c ; I \ ir I t r- Subject Property t I ,r I t' \ \z Central Grov'rth Area SUBJECT PROPERTY * ! vrr-Lnee ! r'lxeo usE coRE CORE SUPPORT - INNER.RING SUBURBAN i { SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL J ti N Author: TINGALSBE 0 1 2 4 6 B Date: 10-13-2023 Ivliles A  ZONING/ LAND USE BZA2023-032 'i 7 Subject Property IRNII i ( 34G6(1)C*1*2x3*4*5 3537 L44(J(J a 31 o ( ! a - r .t .t \ k t. \ t . { \ t 1 l'. lmage: Suffolk Pictometry 2021 N AUthoT: TINGALSBE 0 75 150 300 450 600 Date:10J3-2023 I Feet A  CITY OF SUT'FOLK BOARD OF ZONING APPEALS APPLICATION APPI,ICAT'ION NUMI} ER BZII L0z3'(n3L l. Name of Applicant: il I .Jt ( Address: z Phone N cr 2 a L Email: ln^ 2. Name of property owner ifdifferent liom applicant: Owner: Address: Phone Number: 3. Property SPecifics: Address: 8(o LocationA.lei ghborhood : 'I P arce Nu ber: 4. Ac 0 fl x2x3x+*5of ayable to "City Suffolk", is attached to this application for the filing fee. Yes N o, explain:- 5 Uwe have had a pre-application conference with the Secretary of the Board to con-firm the type of application. No }( Ifno, explain: -ves 6. I/We hav e provided plats, plan or other documents nccded for this application X_v _ es No, explain: 6 Rev 3/5i21  { you are violating the Zoning Ordinance on your propelty, or why you think ihe Zoning Administr:ator's decision was not in conformance with the intent and requirements of this ordinance. For a special exception, explain why the granting of the special exception will not have adverse impact on adjacent properties and how the character of the vicinity will not be changed. Special Exception Example: Allow me to expand my legal nonconfolming use by.. adding atr additio.n to tli.e real of the structure along the existing nonconforming side setback. Item 8. ldentiff the specific section in th:e Zoriing.Ordinance that is causing you to file this application. Exarnple: Zoning Ordinance Section 3l-405. If rnore than once section is involved, use the continuation sheets provided. Item 9. Explain where reliefis requested - example fron! side, rear setbacks. Item 10. List current use ofproperty - example, I dwelling ad I detached garage. Item 11. Describe in detail the proposed request for a varimce and.explain how your request meets.the.hrydship criteria as outlined in the attached State code . Item 12. When did you purchase the property? Item 13. Indicate if an appeal has been made to the BZA within lhe past yem. Item 14. Has a Notice ofViolation been issued against this prcperty? Item i5. Sign and Date the application If you are unsure how to answer any of the questions on this application, the Board's Secretary will be glad to assist you (757-sl4-41s4\ 5 P.ev 315/21 1 Uwe request that a hearing be scheduled before the Board ofZoning Appeals to hear a request for (check all that apply) fi4ariance Request [ ] Chesapeake Bay Exception Request [ ] Special Exception letter [ ] Appeal of the Zoning Adminis trator's decision/violation dated (attach copy of correspondence) 8 The following Ordinance section(s) apply to this application: Zoning Ordinance Secti or(s) .'0ll o -.lnb 0 rrt 9 In the section(s) mentioned in item 8 above" wbat do you need relief ftom (exam - side yard setback) f ral f<i'/' ro\ f- 0 f*. of structures 10. Current use of the property (residential, commercial, etc') Number on site 4 a lo , 11 . Descri be in detail the nahue of your appeal and/or request for a vanance. your request reflects the 5 el ements of a lnclude in your exP lanation how hardshi pa isted in $ I 5.2:2309 of the Code of Vi ta: h t l( t:t t o^r I o 4 Ftr;c c L4, nc fo (i) the property interest for which the variance is being requested was acquired in good faith and any haLdship was not created by the applicant for th e vanancg tl t.t 4 a4- 7 Rev 3l5l2l  e (ii) the granting of the variance will not be of substantial dehiment to adjacent property and nealby properties in tlie proximity of that geoglaphical area; 0 (ii1) the condition or situation of ttre property concemed is not ofso ge{eral or recurring zi netue as to make redsorrably praitioable- *ie formulation ofra Beneral regulation to be adopted as an amendment to thrc ordinance; NO (iv) the granting ofthe variance does not result in a use that is not otherwise permitted on such pmperty or a ehange in ihe zoliirg classification ofthe ploper.ty; (v) the relief or remedy soughl by.the vadance application is not available tbmugh a speci4l exception process that is .authorized in the ordinance pursilant to subdivision 6 of g I5j-2309 or the process for modification ofa zoning ordinance pursuant to subdi.visioa A4 of $ 15,2"2286 at the time ofthe filing of the variance application. Mu 8 Rev 3/5/21 l2 did you acquire the pro and , .) € a-$ at L (_ lot l o llr L -13. Has an appeal been fited for this property within the last year? v., /tlo 14. Is this propedy currently undet any legal action (i,e', 'uiolation notice for non- comptianci wi*r construction codes, zoning regulations, court order, etc')? No X,"' Ifyes, t-- .uo.y'- 15. I/we certify that, tothebestof my/our knowledge, the information above is complete and accurate. review of Vwe hereby grant the right of trespass to any party essential to the this application. Applicant's Signature Date Applicant's S Date Property Owner ,LI Date zf Propefiy Date 9 Itev 3/5/21  BOARD OF ZONING APPEALS APPLICATION ' coNTTNUATIqN.SHEET 1. Name of applicant: Address: Phone Number: 2. Please state the item number(s) and continue your hformation below: Applicant's Signature Date Applicant's Signature Date Property Owner Date Property Owner Date l0 Rev 315/21  :t I,. it:! tit I rE isill ! E' t l.!r IE rIlcB ] ;iII ,ri:El ii rh5;iiEil 9lt:!; rE ih,, ! iiiBt fl!iliiii lltrE!ltiiiE 61,i,"i.... | '., --.: I* h6 orl (!(., )t L!JF ..-'---B:rv -L-t o< 6'r --- -- \$ r.! > oi F' zu s)l I I I I ( 'i F. L-1"iil \ .-, + oL as) o S:' G 60 F )L ! LL ..,J F N z u-,; oE {. F; r uJ> 6- zuo rtr + s ,tL bU) X^v (J + r r.- LL_JF i- z)e rJ it< Dr (o a< l uJ > i=- F= H zuJ=(i foa  4- z. CITY OF SUFFOLK 442 W. WASHINGTON ST., POST OFFICE BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 5144150 FAX: (757) 538J306 Board of Zoninq Appeals October 23,2023 ADJACENT PROPERTY OWNER LETTER NOTICE OF PUBLIC HEARING Dear Property Owner: Please be advised the following request has been filed with the City of Suffolk's Board of Zoning Appeals (BZA) and will be considered at a PUBLIC HEARING to be held in the City Council Chambers, Municipal Building, 442 W. Washington Street, Suffolk, Virginia. The Public Hearing will be held before the Suffolk Board of Zoning Appeals on Tuesday, November 14,2023 at 2:00 p.m. or as soon thereafter as the matter may be heard. BZA 32-2023- The applicant, Dallas Ellis, on behalf of United Full Gospel Revival Center, property owner, is requesting a variance from the Unified Development Ordinance (UDO) Article 4, Section 31-407(c) Table 407-1 : Dimensional Standards (M), to reduce the required rear yard setback from 25 feet to 10.3 feet for a new modular building. The property is identified as tax map 34G6(1)A-1-2"3.4 addressed as 312 E. Constance Rd, zoning classification Residential Medium Density (RM). Should you have any interest in this matter, you are invited to attend this public hearing. THIS IS THE ONLY NOTICE YOU WILL RECEIVE NOTIFYING YOU OF THIS PUBLIC HEARING. Please feel free to contact this office should you have any questions pertaining to the above request. You are receiving this notification as a requirement of Section 31-309 et seq. of the City of Suffolk's Unified Development Ordinance and Section 15.2-2204 of the Code of Virginia. As our records indicate, you own property adjacent to the location of the variance or appeal. All of the property owners within this area may not have received a notice. Please feel free to share this notice with other property owners. lf you have any questions, please contact me at (757) 514-4157. Sincerely, Jennifer Cobb Zoning Administrator  Ml6f,6o16..l CITY OF SUFFOLK 442 WEST WASHINGTON STREET, SUFFOLK, VIRGINIA 23434 PHONE: (757) 514-4150 FAX: (757) 5'144199 DEPARTMENT OF PLANNING & COMMTJNITY DE\CLOPMENT Board of Zoning Appeals PROPERTY ADDRESS OF APPLICATION: 312 E CONSTANCE RD NUMBER OF SIGNS: DATE SIGNS NEED TO BE POSTED: 1012412023 DATE OF BOARD OF ZONING APPEALS MEETING: 111'1412023 @ 2:00 PM POSTING OF SIGNS I understand the Board of Zoning Appeals sign(s) shall be posted on the property at least fifteen (15) days prior to the Public Hearing. I further understand and agree to remove and properly dispose of the sign(s) within two (2) days after the Public Hearing. PLACEMENT OF SIGNS / One (1) sign shall be erected so as to be visible to the public street / Corner Lot - Sign to be posted on each abutting street / Extensive Road Frontage - one sign shall be posted for each 500 feet / No frontage on Public Street - A sign shall be posted adjacent to the nearest public street from which future access is contemplated lf the sign(s) has not been posted in accordance with City regulations, the application may be removed from the agenda. The applicant shall be responsible for all reprocessing costs, including but not limited to advertising costs. 0 ct >oz; LttA*Jc Date sign(s) to be picked up a ature of Applicant  ! '.-l t, ri' ilI F t & s #]ffi Y \ f.a I -/ I  APO MAP BZA2023-032 ,{ 34G6(A)',*A 34G6(1)Ai'1*2*3*4 !l F o o 7 Subject Property \t\ 6 ..I 34G 6 ( 1)c 1 2 3 4 5 3 537 144o o e '!F 34G6( 1 ) B* 1 * 2*3 *.4 r'5 + 01 1l) o > 34G6(1)D*2 G\ $ f 34G6(A)*1 6 $ N Author: TINGALSBE 0 75 150 300 450 600 Date: 10-13-2023 Feet A 34G6(1)A'5'6*7+ 34G6(1)Ar1.2.3*4 UNTD FULL GSPL REV CTR OF SUFF UNTD FULL GSPL REV CTR OF SUFF PO BOX 7067 PO BOX 7067 PORTSMOUTH, VA23707 PORTSMOUTH, VA 23707 34G6(1)B*1+2*3*4*5+ 34C6(1)0.1 SIMMER EDWARD D & PEGGY A AJTC INC P O BOX 1257 1707 N MAIN STREET B EAU FO RT, 5C 29907-72s7 SUFFO LK, VA 23434 34G5(1)D*2 34G6(ArA 310 KINGSBORO LLC UNTD FUIL GSPL REV CTR OF SUFF 1707 N MAIN STREET 312 E CONSTANCE RD SUFFOLK, VA 23434 SUFFOLK, VA 23434 34G6(A)+1 34G12(2)E*1*2*3 SUFFOLK CIry OF CARLTON, CYNTHIA DEN ISE PO BOX 18s8 229 E CONSTANCE RD SU FFOLK, VA 23439 SU FFOLK, VA 23434 Melvion F. Knight From: Dallas Ellis < dellisjr5T3@gmail.com > Sent: Wednesday, September 27,2023 9:42 AM To: Melvion F. Kniqht Subject: Fwd: 312 E Constance Rd, Suffolk, VA23434 Caution: This email originated from a source outside of the City of Suffolk. Do not click on links or open attachments unless you recognize the sender and you know the content is safe. Good Moming Ms. Knight, Attached is the filled out Commercial Building & Zoning Application by Sandow Engineering Firm. I'm coming to your office by 10:30 this moming with the Zoning Appeals Application and the check for $55 1 . Is it possible you can print this offso I can sign and place both ofthese in your hand? Respectfully, Dallas Ellis Jr Pastor United Full Gospel Revival Center (7s7)s13-4299 Sent from my iPhone Begin forwarded message: From: Dallas Ellis <dellisj1573@gmail.com> Date: September 27,2023 at 8:31:04 AM EDT To: John Sandow <sandow.civil@gmail.com> Subject: Re: 312 E Constance Rd, Suffolk, YA23434 Thank you John, prayerfully everything will be well when I go today. I will definitely let you know and I appreciate your time and efforts. Dallas Ellis .Tr Sent from my iPhone On Sep 26, 2023, at 1 1:00 PM, John Sandow <sandow.civil@gmail.com> wrote: Dallas, I filted out the form as accurately as I could. You will need to sign it unless you have a contractor selected. I can't tell whether or not they need the site plan waiver attached to this application or not. 1 You may want to have them confirm the fees that I attempted on the form. 'l'hanl<sl John C,E9O John Sandow, PE (VA, GA), LEED AP John Sandow Engineering, LLC 4831 Columbus St., #66057, VirginiaBeach, VA23455 JohrSandowEngireering-corr sapdow.civil@qmail.com o -'157)17-697\ M - 678-346-5688 On Tue, Sep 26, 2023 at 8:29 AM Dallas Ellis <dellisir5 73@email.com) wrote: Good moming John, I know you've been busy. Yes sir I could still use your heip. I scanned the Commercial Building & Zoning Application along with the appeal's application and sent to your email this moming. I spoke with Ms Itright and Courtney Hale the inspector that stopped the work at the office. They gave me specific instructions on filling them out. I have to meet them by tomorrow with the payment and the filled out forms. Could you please call me at your earliest convenience this moming? Thank you in advance. Dallas Ellis Jr (7s1)513-4299 Sent from my iPhone On Sep 25, 2023, at 6:58 PM, Johr Sandow clvr il.co wrote: Dallas, I didn't realize until too late that this was a full variance application to the BZA. Do you still need my support on this or did you already fi1l it out yourselves and submit to the city? I'm sorry for not coordinating sooner and identifying the effort required. Thanks ! John dEeo 2 John Sandow, PE (VA, GA), LEED AP John Sandow Engineering, LLC 4831 Columbus S1., #66057, virginia Beach, vA 21466 JohnSando\!Eneinetrine.com sardoN.civil(lqmail.com o - 7 57 -377-6971 M - 678-346-s688 On Mon, Sep 18, 2023 at 4:51 PM Dallas Ellis <de!.!iti.r5_23@CrnaLLsa!q> wrote : Thank you Ms. Knight and Ms.Hale for your time and line by line assistance today. I'll partner with John in completing and personally bringing back both applications along with the application fee by this Friday 9122 at the very latest. Respectfully, Dallas Ellis Jr Pastor United Full Gospel (7s7)sr3-4299 Sent from my iPhone On Sep 18, 2023,at3:47 PM, Melvion F. Kdght <mknisht o lkva.us> wrote: Good evenlng- Per our conversation, our office request a formal submission for the installation of the mobile classroom. Just at a glance, the rear yard setback will require a variance to reduce the rear yard setback from 25ft to 10.3ft for the location of the building as shown on the sketch. To ensure your application is presented at the November 14s hearinS, a complete application must be submitted no later than september 29th. The cost for this review is 5551.00. We encourage you to submit both the Commercial Building permit application and the Board of Zoning Appeals request. lf you have any further questions, the Zoning division can be reached at the following contacts: Myself: 757-514-4080 3  Ms. Cobb: 757-514-4157 I I I I Please note that all customers and I I contractors may email their 4l! applications to this email address - I CDDapp I ication@s uffolkva.us. I Respectfully, Melvion I Melvion F. Knight, CZO I Assistant Zoning Administrator and I Enforcement Coordinator I I Department of Planning and Community I Development I .' Main: 7 57 -514-41 501 Direct: 7 57 -514-40801 Fax:757-514-4199 mkniqht@suffolkva.us The information contained in this e-mail message and any llles transmitted with it are intended only for the individual (s) listed above. lf you have received this communicatlon in error, please notify the sender and delete the materialfrom any compuler. The Suffolk2045 Comprehensive Plan affects land use and public facilities like roads, libraries, schools, oarks. and communitv centers. Take the online survev through June 15, 2022, and find information 4 for events, wo rkshoos. and oublic sement throush mer 2023 at www. lk2045.ors. From: Courtney Hale <chale@suffolkva.us> Sent: Monday, August 14,2023 1:51 PM To: Melvion F. Knight <m knisht@suffolkva.us> Subject: Fwd: 312 E Constance Rd, Suffolk, VA 23434 Sent from my iPhone Begin forwarded message: f,'rom: John Sandow <leudaru.c!vil@crna[!s!q> Date: August 7 ,2023 al 6:14:22 PM EDT Tor "Jennifer S. Cobb" <ic @suffolkva.us> Cc: Dallas Ellis <deli$r3@c!osd.ee!P, c.brockineton@aol.com, Courtney Hale <qbslg@9glfo!P4..99, Bryan Sandow <brvan@iohnsandowens Qln> Subject: Re: 312 E Constance Rd, Suffolk, VA23434 Caution: This email originated from a source outside of the City of Suffolk. Do not click on links or open attachments unless you recognize the sender and you know the content is safe, Jennifer,  ! i Please find the attached composite sketch for the modular building at I 312 E Constance Rd. We are I providing this to continue steps I I toward resolution in response to 1 the violations regarding the fence I I for the bus and the modular i i building. l l I We are hopeful that a survey and I formal site pian are not required to larafirlly resolve these I matters. Please let me know if you i would support a site plan waiver for this project. I I I I I l i 1 I I am copying Coultney since they I i reminded Dallas Ellis about the I violations. I am hopeful that the city will {ieeze any funher action toward the church regarding these ! violations while we attempt to l work through the paperwork with the city staff. Thank you in advance lor your assistance in this matter. I Very Respectfully, John l C,E9O John Sandow, PE (VA, GA), LEED AP John Sandow Ingineering, LLC 6 4831 Columbus st.,#66057, vnginia B€aclf vA 23466 JohnSandowEneineerinc.com sdndowcivilfaemsil.com o -157-371-69',t1 M - 678-346-s588 On Tue, A,tg1,2023 at 3:51 PM Jennifer S. Cobb <s9bb@ilftulkyau> wrote : Good afternoon, Could you provide me with the aerial and the measurements as well as the size of the modular building? That will determine whether site plan review is necessary or not. Also, is it going on existing asphalt/concrete? Tha n ks, Jenniler S. Cobb Zoning Administrator & Enforcement Manager Community Development 442 ll/. Washington St Sufolk, Ya 2i434 Phone: (757) 5144157 Fax: (757) 514-4199 Jcobb@suffolkva.us 7 I I I I I I I ! I I I From: John Sandow I I i <sandow.civil@gmail.com> I Sent: Tuesday, August 01, 2023 1:08 I i I I PM I I i To: Jennifer S. Cobb I < ico b b @suffo lkva. us> ; Da llas Ellis 1 I I <dellisi1573@smail.com>; I c. brockington@aol.com I I Subject: Fwd:312 E Constance Rd, Suffolk, VA 23434 I I i i I I i Cautioni This email originated from ! a source outside of the city of Suffolk. Do not click on links or open i l attachments unless you recognize the sender and you know the I content is safe. I I L i Jennifer, I I just left you a voicemail on tlxs I I I item, but I thought the email string may be helpful. Would you I I be able to waive the 1 requirement for a survey if we can I provide a composite plan based i I on GIS and aerial imagery i showing the location ofthe I modular building on the site? We i can also use field measurements fiom the existing building to the modular building. We can seal the document with an engineering seal, but we will have to cite the source of all information as described above. B  Would this be acceptable to complete the site documentation as it pertains to the building permit? Thanks j ohn John Sandow, PE (VA, GA), LEED AP John Sandow Engineering, LLC 4831 Columbus St, #66057, Virginia Belch, VA 23466 JohnsandorvEneineerine.com sandow cival,alrnail.com o - 751-3',77 -6971 M - 678-346-5688 Forwarded message --------- From: Dallas Ellis <dglliqir5-73@g4ail.cam> Date: Tue, Jul 1 1, 2023 at 1 :38 PM Subject: Re: 312 E Constance Rd, Suffolk, VA 23434 To: John Sandow <saldatu.qyd@Cma!.s9!s> Cc: Shane Fowler <sfotyLgl@lds!rugtu[Al.lo4> I will have it to you by this evening. Thank You, Dallas Ellis Jr 9  Sent from my iPhone OnJul 11,2023,at 11:47 AM, John Sandow I <!q4dety.crvil@glqq[l.!e!q> r4rote : Shane and Da11as, Do you have anything graphical I can review in advance of our call Friday? 'lhanks ! John Johr Sandow, PE (VA, GA), LEED AP John Sandow Engineeringn LLC 4831 Columbus st., #66057, virginir Be3ch, vA 23466 JohnSandowEneineerine.com sandow.civil@email.com o,157:377-697t M - 678-346-5688 On Mon, l,al 70, 2023 at 4:14 PM Shane Fowler <qfowlcr@!d$!qqur4l!a!n> lwote: t0 Hi John: I left you a voice mail today. Are you available to assist Mr. Ellis with a zoning permit for a proposed mobile building to be permanently located at the subject address ? Please let us know and I can elaborate. Thank You, Shane Shane Fowler PE, M. Eng. Structural Engineer / LLC Member Simple Design, LLC 52'1 W, Washington Street Suite 2 Suffolk, VA 23434 Office 757-809-3700 Mobile 757-287-5250 www.simpldsqn.com <image001.png> From: Dallas Ellis <dclLqt573@c!sad,ce!s> Sent: Tuesday, J:une 27 ,2023 6:53 PM To: Shane Fowler <sfowlerrEsdstructural.com> 11  Subject: Fwd: 3 12 E Constance i l ltd Good evening Shane, I know it's been a few years since we've talked but I hope all is well on your end. We're seeking a I I I I ' pennanelt permit from the city i : for a double wide modular we I purchased from StoneBridge I School in Chesapeake. I would I like to hire your company with I the requirements needed as seen below. Could you let me know if this is something you do? It's already in our parking lot where it will be situated. 'i I Respectfully Dallas Ellis Jr United Full Gospel Center 312 E. Constance Rd (7s7)st4-4299 Sent ftom my iPhone Begin forwarded message: tr'rom: "Melvion F. Knight" lsknicbl@f!ffolk i v4.!rs> I Date: June 27, 2023 at5:17:42 PM EDT To: dellisjr5T3@gmail. com Cc: "Jennifer S. Cobh" 12 {esbb@,surtulkve us>, "Cindy E. Robertson" <srsb94sa!@.suffo lkva.us> Subject: 312 E Constance Rd Good evening- Thank you for contacting our office to inquire on the status of this responbe email per our conversation on last week. The following documents are requested as it relates to the Notice of Violation/ Stop Work Order pending on the location of 312 E Constance Rd. Please submit a building permit application for the installation ofthe mobile classroom. o Be sure to incl ude seal con stru ctio n 13  doc ume nts fto I m l I an j Eng : inee t. i o A surv i ey l I of , the I , pro I pert I v I that I : I : sho I I I the I I loca tion i of the exis ting i stru ctur and park ing on site bein s i.p acte I dbv the I plac eme nt of this stru ctur e. 14 If you have any further questions, please contact the front counter for assistance by diallngT 57 -5).4- 4150, select option#1 Please note that all customers and contractors may email their permit applications to this email address - CDDapplication @suffolkva.us. Respectfully, Melvion Melvion F. Knight, CZO Assistant Zoning Administrator and Enforcement Coordinator Department of Planning and Community Development Main:757-514- 41501 Direct: 757-514-40801 Fax 757-514- 4199 15 i mkn iqh suffolk I VA.US I i I i The information contained in this e^mailmessage and any files transmitted with it are intended only for the individual (s) listed above. lf you have received this communication in earor, please notify the sender and delete the material from any computer. <image002 jpg> The S Comprehensive PIan affects land use an d nublic facilities like roads. libraries. schools. Darks. and communitv centers. Take the online survey throush June 15. 2022 and find information for events. workshops. and public engagement through Summer 2023 at www.suffolk2045. ors <image001jpg> <Application for Services - Commercial Building (PDF) 12.21.22.pdf> 16 .rchive Manager http://archivemanager/print.html#/print-single?includelds: I 3 5 736 EB BLR2023-00'190-312 E Constance Rd-28'W by 120'L Sent:June 12, 2023 5:15 PM From: Melvion F. Knight To: Brittany A. Colyer;Jennifer S. Cobb; CC: Courtney Hale; Lisa Marshall; @ 1 Attachments B imageool jpg (4 KB); l0l2'112023, 3:27 PM 1 of3 ,rchive Manager http://archivemanager/print.hhnl#/p nt-single?includelds=I35736... Good evening- A sWO was issued to the location of 312 E Constance Rd, that currently serves as a church within the RM zoning district. The church received a 28'W by 120'L modular classroom trailer from the Chesapeake School System. Per my conversation with the Pastor, the church was intending to use the structure as a classroom for the youth ministry/children's church. He was proposing to relocated the structure to the area behind the church which appears to be on a separate property which abuts to the waterway. The structure is currently located within the parking area of the church, howevet the Pastor would like to bring the site into compliance. It appears due to the size of the structure it exceeds the SPW requirements, therefore, I assume a SP may be required? Please see BLR2023-00190 for images of the structure. Please note that all customers and contractors may email their permit applications to this email address - CDDappJca!!on@ggffg!kvagg. Respectfully, Melvion Melvion F. Knight, CZO Assistant Zoning Administrator and Enforcement Coordinator Department of Planning and Community Development Main. 7 57 -5 1 4-4 150 | Direct: 757-5 1 4-40801 F ax: 7 57 -5 1 4-4 1 99 mkn ht uffolkva. us The infomauon contained in lhis e-mailmessago and any llles transmitted with ltare inlended only for the individual(s) listed above. lfyou have received lhls commudcation in efior, please notiFy the senderand deletethe matedalfiom any computer. $jltir-jiz045 (onn..rirg Our (ity, Shiplng Oo, Fulur. The 5uffo1k2045 completelslyejlan a! r public facilities like roads, libraries, schools-parks. and communitv centers. Take the online survev throughl-u-le !5,2q22,-and tldjltgMatsl&rc , workshop!, and plUlllllgqgement through summer 2023 at www.suffolk2045.or& 2of3 10/2712023,3:27 PM  http://archivemanager/print.html#/print-single?includelds:1 3 5 73 6 \rchive Manager 1012712023,3:27 PM 3 of 3 S 15,2-2309 - Powers and duties of boards of zoning appeals Boards of zoning appeals shall have the following powers and duties: 1. To hear and decide appeals from any order, requiremen! decision, or determination made by an administrative officer in the administration or enforcement of this afticle or of any ordinance adopted pursuant thereto. The decision on iuch appeal shall be based on the board's judgment of whether the administratlve officer was correct. The determination of the adminlstrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, Iaws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an adminjstrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special. 2. Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in S 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in S 15.2-2201 and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms.of the ordinance would unreasonably restrict the 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 variancel (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity ofthat geographical area; (iii) the condition^or situation ofthe property concerned is not ofso 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 ofthe propertyj and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of S 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivislon A 4 of I 75.2:2286 at the time of the filing ofthe variance application. No variance lhall be considered except after notice and hearing as required by g L5.Z-2704. However, when giving any required notice to the orainers, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. In granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the slte or part of the structure for which no varlance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additionalvariance shall be required. 3. To hear and decide appeals from the decisjon of the zoning administrator after notice and hearing as provided by 5 15,2-22A4. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. 4. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affbcted by the question. and after public hearing with notice as required by 5 15.2-2204. the board may lnterpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and properly immediateiy across the street or road from the property affected, the board may give such notlce by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantlally the locations of district boundaries as established by ordinance., 5, No provision ofthis section shall be construed as granting any board the power to rezone property or to base board decisions on the merjts ofthe purpose and intent of local ordinances duly adopted by the governing body. 6. To hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use ior which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.No special exception may be granted except after notice and hearing as provided by 5 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified maii. 7. To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit' No special exception may be revoked except after notice and hearing as provided by 915.2-72A4. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class majl rather than by registered or certified mail. lf a governing body reserves unto itself the right to issue special ,exceptions pursuant to 5 75.2-2286, and, if the governing body determines thatthere has not been compliance with the terms and conditions ofthe permit, then it may also revoke special exceptions in the manner provided by this subdivision. 8. The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to is unable to act, which any meeting shall be continued if the chairman, or vice-chajrman if the chairman to attend finds and declares that weather or other conditions are such that it is hazardous for members press as promptly as possible' the meeting. such finding shall be communicated to the members and the All hearings and other matters previously advertised foi such meeting in accordance with 5 L5'2-2312 shall be conducted at the continued meeting and no further advertisement is required'