Board of Zoning Appeals Meeting Packets
Regular MeetingSuffolk, VA · January 9, 2024
Agenda
SUFEOLK BOARD OF ZONING APPEALS
/ANUARy 9,2024
AGENDA
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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 MEETING WILL BE HELD AT 2:OO P.M., IN THE SUFFOLK CITY COIINCIL
CITAMBERS OE THE SUFFOLK MUNICIPAL BUILDING, 442 W. WASHINGTON SIREET.
IF YOU CAATNOT ATTEND THIS MEETING, PLEASE CALL THE CITY OF SUFFOLK
DEPARTMENT OF PLANNING A COMMUNITY DEWLOPMENT AT (757) 514-4151,
PRIOR TO 12:00 NOON ON FRIDAY, IA NUARY 5,2024,
ADMINISTRATION
AGENDA
CITY OF SUFFOLK
BOARD OF ZONING APPEALS
JANUARY 9,2024
CITY COUNCIL CHAMBERS
I. CALLTOORDER &ROLLCALL
II. APPROVAL OF MINUTES
December 72,2023 - Regular Meeting
III. OLD BUSINESS
IV. PUBLIC HEARINGS
8ZA36-2023 - 401 SPRUCE ST - Steve Daniels
V. NEWBUSINESS
VI. ADJOURNMENT
MINUTES
SUFFOLK BOARD OF ZONING APPEALS
DECEMBER 12,2023
2:00 P.M.
-12,
The regular meeting of the Suf{olk Board of Zoning Appeals was held on Tuesday, December 2023 at
2:00 p.m., in the City Council Chambers, located at 442 W . Washington Sheet, Suffolk, Virginia, with the
following persons present:
MEMBERS: S'1'AFF:
Melissa Venable, Chairman Melvion F. Knight, Asst. Zoning Administrator
Richard Esleeck, Vice Chairman Jennifer Cobb, Zoning Adminishator
Shante'HaIl
The meeting was called to order by Chairman Venable. The roll call reflected that all Board members were
present with the exception of Board member Kornegay and Board member Epps. Chairman Venable stated
the rules regarding a quorum. The minutes for the November 2023 meeting were approved by motion from
Vice Chairman Esleeck which was seconded by Board member Ha1l and passed by recorded of vote 3-0.
OLD tsUSINESS:
PUBLIC HEARINGS:
The BZA 33-2023 Staff Report was read by Jermifer Cobb and the Staff Analysis Recommendation was read
by Melvion F. Knigh! Asst. Zoning Administrator. The hearing was opened, time limits were stated and
appearing in favor of the application was J. Witt Harper, Esq. Mr. Harper gave history of the property and
explained what they were proposing to do on the property. Thete was no one else appearing in favor or
opposition and the hearing was closed. A motion for approval was made by Vice Chairman Esleeck,
Seconded by Board member HaIl and passed by recorded vote of 3-0.
ThLe BZA 342023 StaJf Repott was read by Jerlrri{er Cobb and the Sta-ff Analysis
Recommendation was read
by Melvion F. Knight, Asst. Zoning Administrator. There was a question from Chairman Venable regarding
the definition of a duplex. Board membet Hall had questions about who owned the properties. The hearing
was opened, time limits were stated and appearing in favor of the application was J. Witt Harper, Esq. Mr.
Harper gave history of the property and explained what they were proposing to do on the property. He
further clarified who owned the property. There was no one else appearing in favor or opposition and the
hearing was closed. A motion for approval was made by Vice Chairman Esleeck, Seconded by
Board
member Ha1l and passed by recorded vote of 3-0'
The BZA 35-2023 Staff Report was read by Jenniler Cobb and the StaIf Analysis Recommendation was read
by Melvion F. Knight, Asst. Zoning Administrator. The hearing was opened, time lirnits were stated and
appearing in favor of the application was William Goodmary Sr. Mr. Goodman stated that they iust wanted
to erect a shucture for shelter from the weather. Mr. Goodman didn't realize the details procedures and
regulations to erect the covered landing. There was no one else appearing in favor or opposition and the
hearing was closed. A motion fot approval was made by Board member Hall, Seconded by Vice Chairman
Esleeck and passed by recorded vote of 3-0.
NEWBUSINESS:
There was no other business and the meeting was adjourned.
2
BZA36-2023
STAFF REPORT/APPLICATION BZA 36-2023
Applicant: Steve Daniels
Location: 401 Spruce Street
Tax Map and Parcel Number: 34G24(3)3"9
Account#350879000
Zoning Category: RM, Residential Medium
Adjacent Zoning: Norfh: RIVI, Residential Medium
Soufh: RM, Residential Medium
Easf: RM, Residential Medium
lllesf : RM, Residential Medium
Application: Request for a variance to reduce the required side yard
setback adjacent to a street from 25ft to Sft and the
required side yard from 1Oft to 5ft for the construction
of a single family dwelling.
Hearing Date: January 9,2023
Background lnformation :
The applicant, Steven Daniel, is requesting a variance from the Unified
Development Ordinance (UDO) Article 4, Section 31-407(c), Table 407-'l(L),
Dimensional Standards, to reduce the required side yard setback adjacent to a
street from 25ft to Sft and the required side yard from 1Oft to Sft for the construction
of a single family dwelling. The property is identified as Tax Map and Parcel
34G24(3)3-9, located on 824 E Washington Street, Virginia, Whaleyville voting
borough, zoning classification RM, Residential Medium District.
This variance requestwas advertised in the Sut7o/k News Herald, and a noticewas
mailed to adjacent property owners in accordance with Section 15.2-2204 of lhe
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(c)(2) 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 theCodeof 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
district 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 Residential Medium zoning district (RM) setbacks will not
allow the development of a proposed 20'W by 30'L single family dwelling at the
location of 401 Spruce Street. The dimensional requirements for newly-platted lots
in the Residential Medium zoning district (RM) requires a total land area of 10,000
square feet with a minimum street frontage of 60 feet and a minimum lot width of
B0 feet when measured at the front setback line. The property calculates to 2,850
square feet in land area which is non-conforming when compared to the minimum
requirements of the Residential Medium zoning district (RM). According to the
exhibits provided, the property will not support a 20ft-wide single family dwelling.
Under Section 31-801 (e)(1)(A)(iii) of the Unified Development Ordinance, allows
the Zoning Administrator to grant up to a 30 percent reduction on the front, side(s)
and rear setbacks on a substandard lot. Unfortunately, the reduction requests for
the property exceed the 30 percent allowance for an administrative variance
request. The RM zoning district will not support the construction of a single family
dwelling on a substandard lot, therefore, staff recommends approval of the
request.
,ffi GENERAL LOCATION MAP
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Daie:12-21-2023 Miles A
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ZONING/ LAND USE
BZA2023-036
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Author: TINGALSBE 02550 100 150 200
Datet 12-21-2023 Feet A
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NON
?? CITY OF SUFTOLK BOARD OF ZONING APPEALS
fi APPI,ICATION
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9,, AppLrcATroN NUMBER $U toz 3- 00 03la
Name of Applicant:
Address:
.t (
Phone Number: 2t7 ktl
Errrail: (L"< € b, ,/r b*J-nro/f , .n-
2. Nafire ofpropedy owner ifdifferent from applicant:
Owner:
Address:
Phone Number:
3. Property Specifics:
Address: 4ol fPtta fr
Location/Nei ghborhood
T ax MapJ 1e zq (1)74 Parcel Nttmber
4. A check for $551 .00. payable to "City of Suffolk", is attached to this application
for the filing fee. X Yes No, explaitt:-
5. I/wc havc had a prc-application conference with the Secrctary ofthc Board to
confirm th e.type of application. Jd-Yes
If no, expl aln: -No
6. IAVe have provided plats, plan or other documents necded for this application.
>4- Yes No, explain
-
6
Rev 3/5/21
l Uwe request that a hearing be scheduled before the Board of Zoning Appeals to
heat a request for (check all that apply)
,[$ Variance Request
[ ] Chesapeake Bay Exception Request
[ ] Special Exception
[ ] Appeal ofthe Zoning Administrator's decision/violation letter
dated aftach copy of conespondence)
8 The following Ordinance section(s) apply to this application: Zoning Ordinance
Sectiori(s)
9. ln the section(s) mentioned in itcm 8 above, what do you need relief from
(examp le - side yard setback)
I
10. Curent use of the property (residential, commercial, etc.) Number of structwes
on site
V.Te
11. Describe in detail the nature of your appeal and./or request for a variance.
lnclude in your explanation how your request reflects the 5 elements of a
hardship as listed in $ 15.2-2309 ofthe Code ofVirginia:
(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;
e
7
Rev 3/5/21
(ii) the granting of the variance will not be of substantial detriment to
adjacent property and nearty propelties in the proximity of that
geogtaphical area;
(iiD the condition or situation of the property concemed is not of so general
or recurring a nature as to makc reasonably practicable the formulation
of a general regulation to be adopted as an amendment to the ordinance;
(iv) &e 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
property;
2a
(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 $ 15.2-2309 or the process for modification
ofa zoning ordinance pursuant to subdivision A4 of $ 15.2-2286 at the
time ofthe fiting ofthe variance application.
8
Rev 3i5l21
12. When did you acquire the property and frorn whom?
la ?r)Lo-,
13. Has an appeal been filed for this property lvithin the last ycar?
_Yes _x--No
14. Is this property cunently undel any legal action (i.e', violation notice for non-
cornpliance with construction codes, zoning regulations, court order' etc.)?
_Yes ,4-No
Ifyes, expla tn
15. I/we certiff that, to the best of my/our knowledge, the information above i;
completc and accurate.
Vwe hereby grant the right of trespass to any party essential to the review of
this application.
Applicant's Signature D^te ,D- t- z- /)
Applicant's Signature Date
Property Owner Date
Property Owner Date
9
Itev 3/5/21
BOARD OF ZONING APPEALS APPLICATION
CONTINUATION SHEET
Name of applicant: ,
Address:
Phone Nunrber: <,.7 ) - 218
2. Please state the item number(s) and continue your information below:
Applicant's S Date tl -22 -29
Applicant's Signature Date
Property Owner Date
Property Owner Datc
10
Rev 3/5/21
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GITY OF SUFFOLK
442 W. WASHINGTON ST., POST OFFICE BOX 1858, SUFFOLK, VIRGINIA 23439.1858
PHONE: (757) 5'144150 ' FAx: (757) 538-1306
Board of Zoning Appeals
December 26,2023
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, January 9,2024 at 2:00 p.m. or as soon thereafter as the matter may be
heard.
BZA 28-2023- The applicant, Steve Daniels, is requesting a variance from the Unified
Development Ordinance (UDO) Article 4, Section 31-407(c) Table 407-1: Dimensional
Standards, to reduce the required side yard setback adjacent to a street from 25 feet to
5 feet and the required side yard setback from 10 feet to 5 feet for construction of a new
single-family dwelling. The property is identified as tax map 34G24(3)3.9 addressed as
401 Spruce St, 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,
W I
Jennifer Cobb
Zoning Administrator
APO MAP
BZA2023-036
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34G24(3)3*9A
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Author: TINGALSBE 02550 100 150 200
Datet 12-21-2023 Feet A
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KAHAN REGINALD C EVANS BELINDA B
2045 MEADOW COUNTRY RD 1203 MILL LANE QUARTER
SUFFOLK, VA 23434 SU FFOLK, VA 23434
34G24(3)3*98 34C28{3)7il
BIGELOW, WESLEY D & FULLWOOD, MICHAYLA K HAMBLET, GERARD THOMAS
313 VAN BUREN AVE 4OO SPRUCE ST
SUFFOLK, VA 23434 SU FFOLK, VA 23434
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US HOME OWNERSHIP LLC DARLING, JAMES DYLAN
P O BOX 18948 339 SPRUCE ST
SAN JOSE , CA 95158.8948 SUFFOLK, VA 23434
34G24{3)3'9A
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1OO DAWSONS LAKE LN
5U FFOLK, VA 23435
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g 15,2-2309 - Powers and duties of boards ofzoning appeals
powers and duties:
Boards ofzoningappeals shall havethe {oilowing
order, requiremen! decision' or determination rnafle
Iy an
1. To h"., and decide appeals from any
o{ this article or of any ordinance adopted
administrative officer in the admlnistrat'ton or enforcement
pursuantthereto.Thedecisiononiuchappealshallbebasadontheboard'siudgment_ofwhetherthe
be presumed to
determination ofthe administrative officer shiil
adminisfiative officer was correct. The
becorrect.Atahearingonanappeal;theadmrni'strativeofficershallexplainthebaslsforhis of
burden of proo{ to 'rehut such presumption
determination after which the apiellant has tlie
The board shall consider any applicab{e oldinanceE
correctness by a preponderance of the evidence.
Iaws,andregulationsinmakingitsdeclsio'n.Forpurposesofthissection,determjnationmeansanY
order,requirementdecisionordeterminalionmadebyanadministraliveofficer'Anyappealofa
determinationtotheboardshallheincompliancewiththissection,notwithstandinganyotherprovision
'of law, general orsPecial.'
general or special, to grant upon appeal or original
2. Notwithstanding any other provision o;f law,
proof shall '
in 15'2-2201, plovided that ths burden of
application in specific cases a variance as defini:d s
be on the appiicant for a variance to
plove by a preponderance of the evidence that hls application
15'2-2201 and the criteria set out in this
section'
meets the standard for a variance as defined in $
NotwithstandinBanyotherprovisionoJlaw,generalorspecial,avarianceshallbegrantediftha
of the terms.of the ordinance would unreasonably restrict
the
evidence shows that the stritt application
.utilizationofthepropertyorthattheElantingofthevariancewouldalleviateahardshipduetpa
physicalconditionrelatingtothopropertyorimprovementsthereonatthu'i*u61*19effectivedateof
theordinancqand(i)theptopertvinlerestforwhichthevarianceisheingrequestedwasacquiredin
by the applicant for the variance; (ii) the Eranting
of ths
*;J tut r-, and any hardship was not created
property and nearhY propefiied in the pro*frr Ey
variancewill notbe of substantial detriment to adjarsnt
property concerned is not of so general or
ofthat geographical area; (iii) the condition oI sitLEtion ofthe
practicable the formulation of a general regu{ation to de
reculring a nature as to make reasonably
adoptedasqnamendmentt0the.ordinancei(k]theerantingofthevarianceddesnDtresultina(:lse
change in the zoning claisificaticn ofthe property;
that is not otherwise permitted on such property or.a
application is not available through a special
and (v) the relief or remedy, sought bv the variance
ordlnance p$suant to subdivision 6 of s 15'2-2309 or tha
exception process that is authorized in the
processformodificalionofazoninBo.rdinancepursuanttosubdivisi0nA4ofs15.2-2286atthetimeof
be considered except after notic'e and hearing as
the filing ofthe variance application. No variancd ihail
requiredhySxS,2*2204',HoWeVer,whengivinganyrequirednoticetotheor.riners,lheiragBntsorthe
occupants of abutting property and
properry immediately across the street or road from the ploperty
mfljl rather than by registered or certi{ied mail' In
affected, the board may give such nolice by first-class
the location, character, and other
gmnting a valiance., the ,board rnay impose such conditions regarding
in the public interest and may
feature! of the proposed structure or l-tse as it may deem necessary
' require a Buarantee or bond to ensure that the
ssnditions imposed are being and will continue to be
provision of law, general or special, the property upon which
complied with. Noiwithstanding any other
'apropertyowner.hasbeengranted6varianceshal]hetreatedasconformingforallpurposesunder
state law and local ordinance, howeverr the structure permitted by the variance may not be expanded
variance is
unless the expanslon is wilhin an area of the site or.part of the ctuLture for which no
or part of the
reqUired under the ordinance, Where the expansion is proposed within an area ofthe site
slructure for which avariance is required, the approval of an addttionalvariance shailbo required'
and hearing as
3. To hear and decide appeals from the decision of the zoning administrator after notice
or the '
provided by 5 15.2-2204" Howaver, when giving any required notice to the owners, their agefis
property
occupants of abutting properly and property immediately acloss the street or road from the
mail,
affected, the board may give such notice by flrst-class mail ratherthan hy regislered or-certified
'intefpretafion
4. To hear and dectde applications for of the district map where there is any uncertainty
pTopBfiry affbcted by the
as to the Iocation of a district boundary After notice to the owners of the
question, and after public hearing with notice as requked by s 15"?2204, the board may interpret
tha
map ln such way as to carry out the intent and purpose of the ordinance for
the particular section or
district inquestion. However, when giving any required notice to the owners, their agents o'r the
occupants of abutting property and properlry immediately across the street or road flom
the properly
'
the boaid mqy give ,urh noti.u by first-class. mail rathsr than by registered or ce(ified mail'
affeded,
Thehoard.shallnothavethepowertochangesubstantiallythelocationsofdistrictbaundariesas
established bY ordinance..
5. No provision ofthis section strall be construed as gmnting any board the
powerto rBzone properh/ or
by the
to base board decisions on the merits ofthe purpose and intent of local ordinances duly adopted
governing bodY.
6. To hear and decide applications for special exceptions as.may be authorizad
in the ordinance' The
board rnay impose such conditions relatinB to the use licr which a
permit is granted as it rnay deem
permit, and may require a guarantee
necessary in thE pui{ic interest, including limitingthe duration of a
or bond to ensure that the con*tions imposed are being and wilt continus to he complied with'No
provided bY 5 15.2-2204. Howevor,
special exeeption may bg granted excepl after notice and hearing as
property and
when giving any required notice to the owners, their agents or tha occupants of ahutting
give such
properly immediately across the street or road fiom the property affected, the board mav
notice by {irst-class mail ratherthan by rogistered or'certified mail'
T.Torevokeaspecialexceptionpreviouslygrantedbytheboardofzoningappealsiftheboard
determines that there fias not been compliance with the terms or conditions
ofths permit' No special
provided by g L5.2.22a4. However, when
exception may be revoked except alter notice and hearing as
property and
giving any requlred notlce to the owners, their agents or the occupants of abuftirrg
give such
p*p"nv immediately across the street or road from the property affected, the board may
' governing bodv reserves unto
notice by first+lass mail rather than by rsgistered or certi{ied mail. If a
itself the right to issue special .exceptions pursuant Io I
75,2-2786, and, If the governing body
determines that there has not been compliance wlth the terms and conditions oftha permit' then it maY
also revoke special exceptions in the manner
provided by this subdivision'
S.Theboardbyresoluiionmaytixascheduleofregularmeetings,andmaYalsofixthedaYordaysto
whichanymeetlngshallbecontinuedifthechairman,orvice.chaiimanifthechairmanisunabletoact,
to attend
are such that it is hazardous for membeB
finds and declares that weath.,
";;;;ttions
themeeting.suchfindingshallbecommunicatedtothemembersandtliepressaspromptlyaspossible.
accordance with 515'2-2312
previously advertlsed fot such meeting in
All hearings and other mafters
is required'
shall be conduciedatthe continued meetrng and no further adveriisement '
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