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Board of Zoning Appeals Meeting Packets

Regular Meeting

Suffolk, VA · January 9, 2024

Agenda

Agenda

SUFEOLK BOARD OF ZONING APPEALS /ANUARy 9,2024 AGENDA MN$no\o 16.6 SUffOtX tr.2 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 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 BZA2023-036 't > t 'I .t: 'r) ta, ) 1. , t r e I ,u \.. >, { f \_-::" Subject Property t r 7 I I \ Central Growth Area fr uu-ncr rror.roRoPERrY ! f Nrxeo usE coRE CORE SUPPORT - INNER-RING SUBURBAN t SUBURBAN I nuul coNSERVATToN ! nunm lcRrcuLTURAL .r 1,..., , - t\|trn /N t'.':t ., J ':", -, l.t, v -. r.-il', F 1 N Author: TINGALSBE 0 1 2 4 6 B Daie:12-21-2023 Miles A L ZONING/ LAND USE BZA2023-036 *., 3; A d l...- I t it l a r II f]- t I I ,,t,/ ---- a I.Z I L Subject Propefi 34G24(3)3*9 35(,879()()0 / -"---r---- J - l i) \ tl eo I , 1 \ I a f r I -t ---J i- T 17{ Image: Suffolk Pictometry 2021 * Author: TINGALSBE 02550 100 150 200 Datet 12-21-2023 Feet A ( l^ ,/,L 611 G s ?j\ ul ?s NON ?? CITY OF SUFTOLK BOARD OF ZONING APPEALS fi APPI,ICATION d 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 ,1ry745.. 80aE; Ulftt I'SIO A sgott .gERto,r ttta ?to77Dgo ar rgE DAI'O8R urotrt$R saaTTnvG /aaaa&, rEt ztrrlvaro/v,t llw toc,ttron DOrE -ar IEE tortDaalolv?R )4trMLl .RtmRA ,/S lO? Pl1zl0,?4 zgrnt AlE 1!,t ,L,UZA1V:15 ''JYt ReS'RirAtllOllS UZ.AI PlSllAy U'15 tor nof tt aE?)cr:ao tr agE ?42. 'V ,iEEI/?tg.lrOUtlfll,WEzroitPz,?AXlYr/aOAiTUIATAAEZEXPAOA?Enrg[OmEl&tQ'vZAr/B'v?AOIIlP of Ric?lD. UwS ,Z&tltlw ,PPitRE tV tl toqlrgt !,/t ?tOOz tqtYt 'ti lS SUOW O'Y ?lll ?ZOO' nlSA&lXAl ZIP !yO' Al 0227u tFZNdtTlg aEf: oa/a0/2o/6. rzra PlAaxr zz, ta a44EE2 2r A7r ra?tfr llvl sglaa. I Line fdb le R& Lcngth T.n, s4624(R)3*9B LANDs N/F L1 30 00 s22" 21 t6"W WE5LEY D. BI6ELOW d Ltc. No.003220 MICHAYALA K. FULLWOOD (rNsrR. #220012467) ,-zo-24 S 48.2 N22'21'16',E 30.00' 48.2 48.4 48.4 T.M.34G2 3 A??Bo* 2.850.00 sQ. FT 0.0654 AC. 25'BSL 47.8 47.8 20.o' 49.3 o 48 I 48_2 I _o 49.3 q I q t- I PRO.DWELL t! UJ T.^r. 34624(R)3'9A 3 FFE=53.0 q cl LANDs N/F o o tl-l t- o<- AILENE DANIELS, LLC (rNsTR. #2s0005932) : J z< I LIJ d N t- d-^ z I I cov 20.0 Z 5.00 5.00' 47.2 47.2 25 48.0 48.0 PROP.1'.8: CONC. DRIVEWAY' q 47.4 47.4 *;." L1 -l 47.O SITE PLAN 47.O OF BC #401 SPRUCE STREET LOr 9. SLOC< 3 PLAT Of THE EAST SUFFOLK UND sPR,UCE sTREET SUFFOLK, VIRGINIA (60'R/W) FOR PANIEL6 CA:\6TR\&TW:\ rio-$!a fNcE/ LIMT'S OF DI5TI'iB,1N'CE SCALE: l"=15' NOVEMBER 20, 2023 @ CONJIRUCITOIi _s"Tl NCt pLACt STD, CONSI EtiT NEWATR, TO MTET CITY 5I'!N'DARI6 4908 FENNELL LAN E SUTFOLK, VIRGINIA 254J5 tA t4 olSlVRBANal-2, JAo 5r 15' 0' 7.5' 15' PH: (7s7) JJs*7181 IMPERWOUS CALCS JO, LOf AR&-2,A5O.0O SF I TSurv.com O\4ELUN6-720.OO SF coNcRoE=122,oA 5F SCIIE IN FESI no rown htP ERq aU 5 - l, I 1 2, 0 O/.$, A 7t | 23-11-72 et Jeqol I ,e'ra..E r&d lutrorr rrr 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 34G24(7 t2* 3 B A Y€ 34G24(6)6',i8 Subject Property 34G24(3)3*9 (a 35()a79(,()() 34c24(3)3*9B 34G24(3)3*9A 34G28(3)7* 1 34G28(3 )7* 1A* 2 N Author: TINGALSBE 02550 100 150 200 Datet 12-21-2023 Feet A 34G2417],2*2 34G2416)6*8 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 34G2813)7* t a*2 34G2411)2*3 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 AILEN E DANIELS LLC 1OO DAWSONS LAKE LN 5U FFOLK, VA 23435 lfr'*ffinX' DRAWING NOTES ia< E- __---"-'l rl RUSSES )ER PLAN E.E fl l }R,rdcmf@o^sEtr a> \TTIC I€NT CAICT'LATIONS ftolt.b .d. tal. c6.. v.nLton Er cod. R0062 lclr ol @meLd lilc 6rt .6il6r sE*. V.nUm b cDBht ol contnFue TOTAATIICARE 720 sQro f6t ^ll:d4rr€oufflE ,\.INIMUM R&I VENIII. T]ON t ii o--r -1b3m -r-1 ,,$FrvBniht6 2.45qlnrdl -1 Condn@ sofilEnG (42) !! t_l 9 6q h NFVA p.r fi 2.66qlll56tt) contM rtlt v.nc {16 ) 18.{ h NFval.r,l 20 3q n {,r4!a) ToT l PR(MoEo 4.6 .qri. r..l I L l -1 at (tr GENERAL FOUNDATION NOTES 'Nol.: Root b tuly trJ*.d. .erq b a !tL .l{hcE planB lor 6.l0n rnd r Sl.Dsn t1.2.5 ,.n{ t. @ .r.rr tN, Eor '"c c'= iL____ '? oc .EG t,'-2qr -------------, Ftn'rOAIIO PITN €li ck nffir,f,'ffi# scrr.Er *!l'{r 6o tr- t r l ;- r I EOEIl m CODE COMPLIANCE DATA HE PROJECITYPE: R6ids i.d aUILOING COOE: lRC2018 Ode:1Gl-22 CONSTTYPE] 56 'NOTa RE,e !o ShEb 3, 4, 8nd 5 ld 1 Sp€dietd!. Wb[ S€cii6! a.n Oddr. suollEAslf !i 3 E3 N E rol 6uetd uoq3n4suoc puE sueld rooll >c E UEEEE l\,4 8.6 I r] i_E $! iiii _5 z i E- fi * I i$ \ g ! : 2 Eti l- ! a z tr i i iI ir I3 :i I I tiTtT{Tit I ig ri rI T e I !I ! l; i ll g rlt I f- I ! 9 g : , I ,;; 3, liE ffi ! rl * x3 it! !9 ; , ;; {- (; ffl .ei I E3 rli I -'dli tL i i- E I ! I I B I I t 1-,- [[ ill! t a I I I {{t I i t I l!u r l ?l I I =l ol EI ki 3 z C F >i uJ II d I F 2 c oi l-L 0ai c lfiijl*lmllt I nii: I I ! t. t: iii !ii iiiiilii !li !ri!iir:! !ll iilit iiil il! q o tr 3 Ll.l 5 ul ..] trl F E u u L 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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