BOARD OF ZONING APPEALS MINUTES

Transcription

1 BOARD OF ZONING APPEALS MINUTES The conducted a Public Hearing on Wednesday, December 5, 2012 in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. The Board members' staff briefing, was held at 1:00 p.m. in the City Managers Conference Room as to information pertaining to the agenda of December 5, Those members present were Mr. James Wood, Mr. George Alcaraz, Mrs. Cheryl Avery-Hargrove, Mr. Thomas Holland, Mr. Randy Sutton, and Mr. Steve Draeger who sat in as an alternate. ADMINISTRATIVE AGENDA: The passed a motion unanimously by a recorded vote of 7-0 to approve the resolution to schedule monthly meetings of the for REGULAR AGENDA: Case 1: Franklin & Dorothy Smith requests a variance to a 44 foot front yard setback instead of 50 feet as required and to a 1.2 foot side yard setback (East side) and to a 7.1 foot side yard setback (West side) and to a 5.8 foot rear yard setback (North side) instead of 15 feet each as required and to allow 631 square feet in accessory structures instead of 500 square feet as allowed (Proposed Front Porch and Existing Sheds) on Lot 26, Gardenwood Park, 5456 Sunnywood Drive. Bayside District #4, ZONING: R- 20, RMA, GPIN: Franklin Smith and Bob Williams, Contractor appeared before the Board. The passed a motion by a recorded vote of 5-1 to approve this request. Case 2: Nicholas Richardson requests a variance to a 0 foot setback for side yards adjacent to a street (Garfield Avenue) instead of 30 feet as required and to waive the Category I Landscaping where required (Existing 6 foot Fence) on Lots 1 & 2, Pecan Gardens, 3537 Dana Lane. Rose Hall District #3, ZONING: R-7.5, RMA, GPIN: Michelle Richardson and Travis Riley, subcontractor for Lowes appeared before the Board. The passed a motion by a recorded vote of 5-1 to deny this request.

2 Case 3: Edward & Deborah Jordal request a variance to a 9.8 foot setback for side yards adjacent to a street (Maple Street) instead of 30 feet as required (Proposed Room Addition) on Lot 331, Cape Story, 2707 Poinciana Drive. Lynnhaven District #5, ZONING: R-7.5, RMA, GPIN: Edward Jordal appeared before the Board. The passed a motion unanimously by a recorded vote of The proposed one-story addition shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. The building materials and colors used to construct the proposed addition shall be compatible with the existing dwelling. Case 4: Eric & Nicola Freeman request a variance to a 29.3 foot front yard setback instead of 30 feet as required (Existing Addition Over Garage) on Lot 15, Lake Smith Terrace, 4612 Twain Lane. Bayside District #4, ZONING: R-10, RMA, GPIN: Patty Robertson appeared before the Board. The passed a motion unanimously by a recorded vote of The existing room addition shall not be expanded or altered, unless necessary to comply with the Uniform Statewide Building Code (USBC). 2. All appropriate permits must be obtained no later than 30 days from the date (December 5, 2012) of this hearing. Case 5: Olympia Bendix Three, LLC requests a variance to a 17 foot setback for side yards adjacent to a street (Bonney Road) instead of 30 feet as required (Proposed Office Building) on Lot 3B, 224 Bendix Road. Rose Hall District #3, ZONING: O-2, RMA/RPA, GPIN: Les Watson, Attorney appeared before the Board. The passed a motion unanimously by a recorded vote of The office building shall substantially adhere to the submitted site plan and architectural elevations and renderings. 2

3 Case 6: Ainslie Group requests a variance to a 15.2 foot setback for side yards adjacent to a street (London Bridge Road) instead of 18 feet as required (Proposed Single Family Dwelling) on Lot 38, London Bridge Crossing, 2943 Apiary Court. Beach District #6, ZONING: R-5D, RMA, GPIN: R J Nutter, Attorney appeared before the Board. The passed a motion unanimously by a recorded vote of Development shall be in substantial compliance with the submitted site plan. Case 7: Gregory Wolfington requests a variance to a 25.2 foot front yard setback and to a 16.5 foot setback for side yards adjacent to a street (Hedgerow Drive) instead of 30 feet each as required (Proposed Deck and Ramp) on Lot 3, Diamond Springs, 1632 Hedgerow Drive. Bayside District #4, ZONING: R-7.5, RMA, GPIN: Gregory Wolfington appeared before the Board. The passed a motion unanimously by a recorded vote of The deck and access ramp shall be constructed substantially as shown in the submitted plan and specification drawing. The deck shall not be covered or enclosed. Case 8: Margaret Anthony requests a variance to a 5 foot side yard setback (West side) instead of 15 feet as required (Proposed/Existing Generator) on Lot 366, Thoroughgood, 4340 Thoroughgood Drive. Bayside District #4, ZONING: R-20, RMA, GPIN: Margaret Anthony appeared before the Board. The passed a motion by a recorded vote of 5-1 and 1 abstention to deny this request. Case 9: Shane Morrison requests a variance to an 8.1 foot side yard setback (Southside) instead of 10 feet as required (Existing 2 nd Floor Addition) on Lot 14, Woodstock, 700 Woodstock Road. Kempsville District #2, ZONING: R-10, RMA, GPIN: Shane Morrison appeared before the Board. Gladys Joines of 708 Woodstock Road, Jack Clifton son-in-law of Gladys Joines, and Robert Pawl of 701 Woodstock Road appeared before the Board in opposition. The passed a motion unanimously by a recorded vote of 6-0 to deny this request. 3

4 Case 10: Sharon & Paul Linteris/Ace Warren Living Trust request a variance to a 0 foot front yard setback (Kempsville Road) instead of 35 feet as required (Proposed Renovation/Additions), 1349 Kempsville Road. Kempsville District #2, ZONING: B-2, RMA, GPIN: Edward Bourdon, Attorney appeared before the Board. The passed a motion unanimously by a recorded vote of The renovation shall significantly adhere to the submitted architectural elevations. Case 11: Joseph Luter requests a variance to a 17.7 foot side yard setback (West side) instead of 20 feet as required (Proposed Addition) on Lot 2, Bay Colony, 1242 E. Bay Shore Drive. Lynnhaven District #5, ZONING: R-40, RPA, GPIN: Billy Garrington appeared before the Board. The passed a motion unanimously by a recorded vote of The proposed one-story room addition and covered deck area shall be constructed in substantial adherence to the submitted site plan, building elevations and rendering. 2. The rooftop deck shall remain uncovered and the covered deck portion shall remain unenclosed beneath it. Case 12: Ivan Morris requests a variance to a 5 foot side yard setback (West side) instead of 8 feet as required and to a 4 foot side yard setback (East side) instead of 5 feet as required and to feet in building height instead of 35 feet in building height as allowed (Proposed Single Family Dwelling and HVAC Equipment) on Lots 29 & 30, Chesapeake Park, 4722 Ocean View Avenue. Bayside District #4, ZONING: R-5R, RPA, GPIN: Billy Garrington appeared before the Board. Max Hitchcock of Lauderdale Avenue and Pat Barter resident of the area appeared before the Board in opposition. The passed a motion by a recorded vote of 5-1 to approve the request with the following conditions: 1. Modified to feet in building height. 2. The single family dwelling shall be built in substantial conformance with the site plan and building elevations as submitted with the application. 3. The new dwelling shall be a single family residence only. 4. The single family dwelling shall be no higher than the existing duplex. 4

5 Case 13: Bruce Schuette requests a variance to a 10 foot rear yard setback (East side) instead of 20 feet as required (Proposed Screened Porch) on Lot D, 2245 Sunvista Drive. Bayside District #4, ZONING: R-5R (SD), RMA, GPIN: Billy Garrington appeared before the Board. The passed a motion unanimously by a recorded vote of The proposed screen porch addition shall be constructed in substantial adherence to submitted site plan and building elevations. 2. The screening material used to construct the walls of the proposed screen porch addition will consist of no less than 75% of the surface area. 3. Portions of the rear decking necessary to accommodate a 10-foot rear yard setback shall be removed, prior to completion on the proposed screen porch addition Case 14: Lynnhaven River Inv., LLC requests a variance to a 0 foot setback (North side) instead of 5 feet as previously approved by the on May 5, 2004 and to waive the required landscaping (Existing 6 foot Fence), 2150 Vista Circle. Lynnhaven District #5, ZONING: B-4 (SD), RMA, GPIN: The passed a motion unanimously by a recorded vote of 6-0 to defer the application with a new fee. DEFERRED AGENDA: Case D-1: Wilson Driver Widgeon Revocable Trust requests a variance to a 7 foot front yard setback (Ansol Lane) instead of 35 feet as required and to a 5 foot setback for side yards adjacent to a street (South Lynnhaven Road) instead of 30 feet as required and to a 10 foot landscape buffer (Southwest side) instead of 20 feet as required and to a Category VI Landscape screen instead of Category IV Landscape screen as required (Proposed Office Building and Parking Lot), 101 & 109 S. Lynnhaven Road. Beach District #6, ZONING: R-5D/O-2, RMA, GPIN: ; R J Nutter, Attorney appeared before the Board. David Conner of 136 Morrison Avenue appeared before the Board in opposition. The passed a motion unanimously by a recorded vote of The Property shall be developed in substantial conformity with the conceptual site plan prepared by WPL, entitled, Conceptual Site Plan, 101 & 109 South Lynnhaven Road, dated April 26, Case D-2: DELETED 5

6 Case D-3: Kevin Vick requests a variance to a 21 foot front yard setback instead of 30 feet as required and to 51.29% lot coverage instead of 40% in lot coverage as allowed (Proposed Room Addition) on Lot G, Salt Marsh Point, 1331 Gannet Run. Beach District #6, ZONING: A-12, GPIN: Kevin Vick and Kathy France, Attorney appeared before the Board. The passed a motion unanimously by a recorded vote of The proposed one-story addition shall be constructed in substantial adherence to the submitted site plan and color rendering. 2. The proposed addition shall be construct will building materials and colors compatible with the existing dwelling. Respectfully Submitted lmr Cheryl Avery-Hargrove Secretary 6