August 3, Richard Garriott, Chairman Randy Sutton, Vice Chairman David Whitley, Secretary

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1 August 3, 2016 Richard Garriott, Chairman Randy Sutton, Vice Chairman David Whitley, Secretary Thomas Holland, Elizabeth Kovner, James Oglesby, Harry Purkey, Jr. Alternates: Janice Anderson, Myles Pocta City Staff: Kevin Kemp, Interim Zoning Administrator Chris Langaster, Planner III Kay Wilson, Associate City Attorney Will Miller, Zoning Inspector III

2 AUGUST 3, 2016 BOARD OF ZONING APPEALS AGENDA A. COMMENTS BY ZONING ADMINISTRATOR AND CHAIRMAN B. REVIEW OF PUBLIC HEARING CASES C. STAFF BRIEFINGS The Board of Zoning Appeals will conduct a Public Hearing on Wednesday, August 3, 2016, at 2:00 p.m. The hearing will take place in the City Council Chambers of the City Hall Building (Building 1), Municipal Center, Virginia Beach, Virginia. The Board members staff briefing, which is open to the public, will be held at 1:00 p.m. in the City Manager s conference room of Building 1, Room 234. The following applications will be considered at the hearing. Please Note: IF NO ONE APPEARS BEFORE THE BOARD TO REPRESENT THE APPLICATION, THE VARIANCE MAY BY DENIED. 2:00 P.M. PUBLIC HEARING Case 2016-BZA Applicant: Robert Yeany Address: 2500 Malaga Court GPIN: Zoning District: R-15 Case 2016-BZA Applicant: Value Craft Homes Address: 201 N. Budding Avenue GPIN: Request: A variance to permit 1,563 square feet of accessory structure instead of 538 square feet as allowed for an existing 2-story detached garage; and to a 9.35-foot side yard setback (west) instead of 10-feet as required for an existing 2-story detached garage; and to a 5-foot rear yard setback (north) instead of 10-feet as required for existing pool equipment. Request: A variance to a 10-foot side yard adjacent to a street (Dutch Street), instead of 18-feet as required and to a 6-foot side yard setback (north), instead of 8-feet as required, for a proposed single-family dwelling. Zoning District: R-5D * Deferral ** Withdrawal Board of Zoning Appeals August 3, 2016 Page 2

3 Case 2016-BZA Applicant: Beth Grumbacher Address: 5303 Lakeside Avenue GPIN: Zoning District: R-5R (NE) Case 2016-BZA Applicant: Atlantic Development Associates, LLC Address: 4716 Lauderdale Avenue GPIN: Zoning District: R-5R (SD) Case 2016-BZA Applicant: Serban Ghenea Address: 1412 Crystal Parkway GPIN: Request: A variance to a 19.6-foot front yard setback (west), instead of 20-feet as required and to a 5-foot side yard setback (south), instead of 8-feet as required for an existing pergola/trellis; and to a 4-foot side yard setback (north) instead of 5-feet as required for existing HVAC units; and to an 18-foot rear yard setback (east), instead of 20-feet as required for an existing building addition; and to a 4-foot front yard setback (west), instead of 5-feet as required for a fence 4-feet or less in height; and to 67% in impervious coverage instead of 60% as allowed and to 37% in lot coverage instead of 35% as allowed for existing improvements on the property. Request: A variance to a 14.8-foot front yard setback (southwest), instead of 20-feet as required and to a 10.5-foot side yard adjacent to a street (Northampton Blvd), instead of 18-feet as required and to an 11-foot rear yard setback (northeast), instead of 20-feet as required for a proposed single family dwelling, covered front porch, and pergola over garage door; and to a 7-foot side yard adjacent to a street (Northampton Blvd), instead of 13 feet as required for proposed HVAC units. Request: A variance to a 10-foot side yard setback (southwest), instead of 15-feet as required for a proposed generator and existing pool equipment. Zoning District: R-20 Case 2016-BZA Applicant: Scott Vance Address: 2581 Shore Drive GPIN: Request: A variance to a 17-foot side yard adjacent to a street (Calvert Street), instead of 30-feet as required for proposed building additions; and to a 13.5-foot side yard adjacent to a street (Calvert Street), instead of 30-feet as required for an existing dwelling and balconies. Zoning District: R-7.5 (SD) * Deferral ** Withdrawal Board of Zoning Appeals August 3, 2016 Page 3

4 Case 2016-BZA Applicant: C & C Development Co., Inc. and Altalayla Properties, LC Address: th Street, A & B GPIN: Zoning District: R-5R (NE) Case 2016-BZA Applicant: Waffle House, Inc. Address: 1535 Lynnhaven Parkway GPIN: Request: A variance to a 12-foot front yard setback (east), instead of 20-feet as required and to a 12-foot side yard adjacent to a street (55th Street), instead of 20-feet as required and to an 8-foot side yard setback (north), instead of 10-feet as required for a proposed single family dwelling and porch (unit 201A); and to a 15-foot side yard adjacent to a street (55th street), instead of 20-feet as required and to an 8-foot rear yard setback (west), instead of 20-feet as required and to an 8-foot side yard setback (north), instead of 10-feet as required for a proposed single family dwelling and porches (unit 201B); and to a 12-foot rear yard setback (west), instead of 15-feet as required for proposed HVAC units (unit 201B). Request: A Variance to allow a freestanding sign on property with less than the required 100-feet of frontage; and to permit a total of 120-square feet of signage, instead of 112-square feet as allowed. Zoning District: PD-H1 * Deferral ** Withdrawal Board of Zoning Appeals August 3, 2016 Page 4

5 Case # 2016-BZA Property Owner Robert Yeany Representative Billy Garrington, Governmental Permitting Consultants Public Hearing August 3, 2016 Description of Request A variance to permit 1,563 square feet of accessory structure, instead of 538 square-feet as allowed for an existing two-story detached garage; and to a 9.35-foot side yard setback (west), instead of ten-feet as required for an existing two-story detached garage; and to a five-foot rear yard setback (north), instead of ten-feet as required for existing pool equipment. Staff Planner Kevin Kemp Location 2500 Malaga Court GPIN Zoning District R-15 Residential Site Size 20,282 square-feet AICUZ Less than 65 db DNL Year Constructed 1991 Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-15 Residential South Single-family dwellings / R-15 Residential East Malaga Court Single-family dwellings / R-15 Residential West Single-family dwellings / R-15 Residential Robert Yeany Case Number 2016-BZA Page 1

6 Summary of Proposal The applicant requests variances to the permitted size of accessory structures on site, and to the required side yard setback in order to retain an existing, two-story detached garage. The applicant also requests a variance to the rear yard setback for existing pool equipment. In 2015, the applicant constructed the subject two-story detached garage. On May 4 th, the Zoning Office issued an approval for a 24-foot by 23-foot detached garage. The submitted building plans showed a structure that was less than 500 square feet, and because the second floor did not exceed six-foot eleven-inches in height, the structure is considered one-story, with the second floor being for storage only. On May 13 th, a building permit was obtained. The building permit specified a detached, two-story garage, with a second floor level that was not sheathed and had a floor system designed for storage only. On July 2 nd the building permit was amended to include an engineered joist floor system, which is still only for limited storage space. Following an inspection by a Zoning Inspector, the applicant contacted the Zoning Office to discuss applying for a Board of Zoning Appeals variance. The Zoning Office became aware that the detached garage was constructed larger than approved, 24-foot by 32-foot. The Zoning Office also learned that the second floor was finished, including a full kitchen, with the intention of a family member residing in the structure. No permits for plumbing, electrical or mechanical work were found for the second floor of the structure. The applicant explained to Staff that his contractor has advised him that a permit had been obtained for finishing the second floor, which Staff cannot find a record of. According to the applicant, the contractor had assured him all approvals were obtained throughout the process of construction. On January 19 th, the Building Inspector visited the site and noted that the stove and wiring had been removed from the second floor. The applicant submitted engineered load data sheets for the floor system, and it was confirmed that the floor joists meet the requirements for a living space. Connecting the detached structure to the principle dwelling was considered by the applicant; however, the proposed method of connection was not deemed acceptable by the Zoning Administrator. The applicant then submitted this variance request. The applicant has requested a variance to allow for the detached, two-story garage to be 1,563 square feet, instead of 538 square feet as allowing in the R-15 Zoning District for the subject lot. The applicant also requests a variance to a 9.35-foot side yard setback instead of ten-feet as required. Photographs taken by Staff indicated that the structure is board and baton siding on the first floor and vinyl siding on the second floor. The design features varying rooflines and decorative overhangs. The applicant also requests a variance to a five-foot rear yard setback, instead of ten-feet as required for existing pool equipment. Considerations The subject 20,282 square foot lot meets all dimensional requirements for the R-15 Residential Zoning District. A building permit and zoning approval were issued for the subject detached garage; however, miscommunication/misinformation between the applicant, contractor and City staff appears to have led to the structure being built in excess of what was approved by the City Staff. After completion, it was discovered that the detached garage exceeded the allowable size for an accessory structure on the lot, and was constructed with a finished second floor, as opposed to storage space as it was approved. The structure was also constructed slightly within the side yard setback. Staff has received opposition from the adjacent property owner to the west. Robert Yeany Case Number 2016-BZA Page 2

7 Recommended Conditions 1. Any additions, expansions or significant alterations to the existing two-story detached garage will require approval from the Board of Zoning Appeals. The two-story garage shall remain as shown on the submitted site survey entitled, PHYSICAL SURVEY OF LOT 21 SUBDIVISION OF LAGO MAR, SECTION ONE, VIRGININA BEACH, VIRGINIA FOR ROBERT J. YEANY, date April 28, 2016 and prepared by MSA, P.C. 2. Any additions, expansions or significant alterations to the existing two-story detached garage will require approval from the Board of Zoning Appeals. The two-story garage shall remain as shown in the photographs attached to this staff report. 3. All necessary permits for the detached garage shall be obtained from the Planning Department, Permits and Inspections Division, for the construction and occupancy of the detached garage. 4. The detached garage shall not be used as a dwelling unit. No one shall reside in the structure on a temporary or permanent basis. Robert Yeany Case Number 2016-BZA Page 3

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9 Case # 2016-BZA Property Owner Value Craft Homes Representative Billy Garrington, Governmental Permitting Consultants Public Hearing August 3, 2016 Description of Request A variance to a ten-foot side yard adjacent to a street (Dutch Street), instead of 18-feet as required and to a six-foot side yard setback (north), instead of eight-feet as required for a proposed single-family dwelling. Staff Planner Kevin Kemp Location 201 North Budding Avenue GPIN Zoning District R-5D Residential Site Size 4,200 square-feet AICUZ Less than 65 db DNL Year Constructed New Construction Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-5D Residential South Dutch Street Single-family dwelling / R-5D Residential East North Budding Avenue Duplex dwelling / R-5D Residential West Duplex dwelling / R-5D Residential Value Craft Homes Case Number2016-BZA Page 1

10 Summary of Proposal City records indicate the subject site is developed with a single-family home that was constructed in The site is composed of two, nonconforming 35-foot wide lots that were recorded by plat in The applicant wishes to demolish the existing home and develop each of the lots with a single-family home. Each of the homes will be approximately 19-feet in width. The submitted elevation drawing shows a two-story home with a front-loading, one car garage. The applicant is requesting variances to the both of the side yard setbacks on the lot located at the corner of Dutch Street and North Budding Avenue. To allow for the 19-foot wide home to be constructed, a variance is requested to a 10-foot setback adjacent to Dutch Street, instead of 18-feet as required. A variance to a six-foot setback to the northern side property line is requested, instead of eight-feet as required. Considerations The subject nonconforming lots were created by plat in 1893, 61 years prior to the adoption of the Zoning Ordinance. The subject lot of this variance is substandard in regard to lot area, 4,200 square feet as opposed to the 5,000 square feet. The lot is also substandard with regard to lot width, 35-feet as opposed to 60-feet as required. This relief requested in this variance is similar to a number of other variances in the Thalia Village neighborhood. Typically, variances have been approved to allow for the construction of homes approximately 20-feet in width. Recommended Conditions 1. When developed, the site shall be developed in substantial conformity to the submitted site survey entitled, BZA EXHIBIT OF PROPOSED REDUCED SETBACKS ON LOT 14, BLOCK 22, PROPERTY OF G.W. DEAL NEAR JACKSONDALE, EXCLUSIVELY FOR DRESCHER DEVELOPMENT, dated May 23, 2016 and prepared by Fox Land Surveying. 2. When developed, the single-family dwelling shall be in substantial conformity to the submitted elevation drawing entitled, THREE RESIDENCES FOR S. PALM AVE. VA BEACH, VIRGINIA, ELEVATIONS, dated December 8, 2015 and prepared by Edmond P. Virgili, R.A. Value Craft Homes Case Number2016-BZA Page 2

11 Case # 2016-BZA Property Owner Beth Grumbacher Representative John Richardson Public Hearing August 3, 2016 Description of Request A variance to a 19.6-foot front yard setback (west), instead of 20-feet as required and to a five-foot side yard setback (south), instead of eight-feet as required for an existing pergola/trellis; and to a four-foot side yard setback (north), instead of five-feet as required for existing HVAC units; and to an 18-foot rear yard setback (east), instead of 20-feet as required for an existing building addition; and to a four-foot front yard setback (west), instead of five-feet as required for a fence four-feet or less in height; and to 67% impervious coverage, instead of 60% as allowed; and to 37% lot coverage instead of 35% as allowed for existing improvements on the property. Staff Planner Chris Langaster Location 5303 Lakeside Avenue GPIN Zoning District R-5R Residential (North End Overlay) Site Size 5,012 square-feet AICUZ db DNL Year Constructed 1999 Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-5R Residential South Single-family dwelling / R-5R Residential East Single-family dwelling / R-5R Residential West Lakeside Avenue Single-family and duplex dwellings / R-5R Residential Beth Grumbacher Case Number 2016-BZA Page 1

12 Summary of Proposal The applicant is requesting several variances to address existing setback encroachments as well as zoning code infractions on the subject lot. The existing single-family dwelling is presently under contract and the applicant wishes to clear up all outstanding zoning code infractions. The applicant is seeking the following variance requests: A variance to a 19.6-foot front yard setback instead of 20-feet as required, and to a five-foot south side yard setback instead of eight-feet as required, for an existing trellis located on the west side of the dwelling; A variance to a four-foot north side yard setback, instead of five-feet as required, for the existing HVAC units; A variance to an 18-foot rear yard setback, instead of 20-feet as required for an existing building addition; A variance to a four-foot front yard setback, instead of five-feet as required for a wooden fence, less than fourfeet in height; A variance to allow 67% impervious cover, instead of 60% impervious cover as permitted in the R-5R zoning district; and A variance to allow 37% in lot coverage; instead of 35% in maximum lot coverage as allowed in the R-5R zoning district A building permit for the dwelling was obtained in 1998, and the dwelling was subsequently constructed in The proposed site plan was reviewed by staff upon issuing the building permit, and the setback requirements were noted on the permit. Therefore, staff is unclear as to how or when the above mentioned zoning infractions occurred. Considerations Improvements have been made to the property without obtaining a building permit or consulting with City staff regarding zoning requirements. This has led to numerous zoning infractions presently existing on this single-family dwelling and lot. It appears that the improvements and zoning infractions have existed on this single-family dwelling for several years. Staff is not aware that any of the existing improvements create a detrimental impact to the adjoining property owners. The applicant is voluntarily seeking variances to correct the existing zoning infractions in anticipation of selling the dwelling. Recommended Condition 1. The existing improvements shall not be altered, enlarged or expanded without further consideration from the Board of Zoning Appeals. Furthermore, the variances requested shall only apply for life of the existing dwelling, HVAC units, trellis and rear building addition. Beth Grumbacher Case Number 2016-BZA Page 2

13 Case # 2016-BZA Property Owner Atlantic Development Associates, LLC Representative Eddie Bourdon, Sykes Bourdon Ahern & Levy Public Hearing August 3, 2016 Description of Request A variance to a 14.8-foot front yard setback (southwest), instead of 20-feet as required and to a 10.5-foot side yard adjacent to a street (Northampton Blvd), instead of 18-feet as required and to an 11-foot rear yard setback (northeast), instead of 20-feet as required for a proposed single family dwelling, covered front porch, and pergola over garage door; and to a seven foot side yard adjacent to a street (Northampton Blvd), instead of 13-feet as required for proposed HVAC units. Staff Planner Kevin Kemp Location 4716 Lauderdale Avenue GPIN Zoning District R-5R Residential (Shore Drive Overlay) Site Size 10,347 square feet AICUZ Less than 65 db DNL Year Constructed New Construction Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Single-family and duplex dwellings / R-5R Residential South Lake Pleasure House East Single-family and duplex dwellings / R-5R Residential West Northampton Boulevard Single-family and duplex dwellings / R-5R Residential Atlantic Development Associates, LLC Case Number 2016-BZA Page 1

14 Summary of Proposal The subject lot is currently developed with a single-family home constructed in The applicant plans to demolish the existing home and redevelop the lot with a single-family dwelling. The existing home is constructed on a lot that is a result of a portion of Lauderdale Avenue being close on December 22, At the time the road was closed, it is Staff s understanding that the portion of road closed was to be combined with the existing lot to the north and recorded with the Clerk of Court. In this instance, the lot was never combined with the adjacent lot or legally created. The applicant has submitted a plat to the Development Services Center to be recorded. The applicant s representative has assured Staff that the lot would be legally recorded prior to this Board of Zoning Appeals meeting. The subject lot is substandard in regard to lot area and lot width with regard to the current requirements of the R-5R zoning district dimensional requirements. The lot has a width of feet as opposed to the 60-feet as required for a corner lot, as the lot is directly adjacent to Northampton Boulevard. It should be noted that the lot is located at the end of a dead-end street, and no access to Northampton is provided or will be provided in the foreseeable future. The 3,255 square foot lot is also substandard to the 5,000 square feet that is required to within the R-5R district for a single-family home. Variances are requested to the front, side, and rear yard setbacks to allow for the development of a single-family home. A variance to 14.8-feet, instead of 20-feet as required, is requested to the front yard setback for the home. The proposed, approximately four-foot by ten-foot, front porch is shown 14.8-feet from the property line. The exterior wall of the home is 18.3-feet from the property line. There is a decorative trellis feature over the garage that will be 16.3-feet from the property line. The applicant is also requesting a variance to a 10.5-foot side yard setback adjacent to Northampton Boulevard, instead of 18-feet as required. This request initially included a variance to a seven-foot side yard setback for the HVAC units, instead of 13-feet as required; however, it is the determination of the Zoning Administrator that should this variance be granted, the side yard setback adjacent to Northampton will be 10.5-feet, and that the HVAC units can encroach into that setback, per section 201 of the Zoning Ordinance, provided they are not closer than five-feet from the property line. The final variance requested is to an 11.3-foot rear yard setback, instead of 20-feet as required for the single-family home. The submitted building elevations show a two-and-a-half story home, designed with a beach cottage aesthetic. The design uses multiple exterior finishes, a covered front porch, and a decorative pergola feature to provide visual interest. Considerations According to the applicant s representative, the subject lot will be legally recorded by plat by the time this variance request is considered by the Board of Zoning Appeals. The subject lot is substandard to the dimensional requirements for the R-5R District in both lot width and lot area. Implementing the R-5R setback requirements for a corner lot leaves a relatively small footprint in which the lot could be developed without a Board of Zoning Appeals Variance. The subject lot is directly adjacent to Northampton Boulevard; however, the western property line is approximately 96.5-feet from the edge of pavement, and buffered with mature vegetation. The adjacent site to the north is in the process of being redeveloped by the applicant with a duplex dwelling. As this lot is the lot most directly impacted by this variance request, Staff does not anticipate any negative impacts associated with this request. The proposed development of the site conforms to all other dimensional requirements of the R-5R District, including Lot coverage (31-percent) and Impervious Cover (47-percent). Atlantic Development Associates, LLC Case Number 2016-BZA Page 2

15 Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site survey entitled, BZA EXHIBIT, RESUBDIVISION OF LOTS 11, 12, AND THE EASTERN 8.3 OF LOT 10 AND A CLOSED PORTION OF LAUDERDALE AVENUE, EXCLUSIVELY FOR ATLANTIC DEVELOPMENT ASSOCIATES, LLC, dated May 31, 2016 and prepared by WPL Landscape Architecture, Land Surveying, and Civil Engineering. 2. When developed, the single-family dwelling shall be in substantial conformance with the submitted rendering entitled, LOT 11A LAUDERDALE AVENUE, BZA EXHIBIT, FRONT PERSPECTIVE, date May 2016, and submitted elevation drawing entitled, ELEVATIONS LAUDERDALE AVENUE, VIRIGNIA BEACH, VIRGINIA, prepared by Ocean Bay Homes. 3. Prior to obtaining a permit from the Department of Planning, Permits and Inspections Division, for any aspect of construction of the new home, the lot shall be legally recorded by plat with the Clerk of the Court. Atlantic Development Associates, LLC Case Number 2016-BZA Page 3

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17 Case # 2016-BZA Property Owner & Representative Serban Ghenea Public Hearing August 3, 2016 Description of Request A variance to a ten-foot side yard setback (southwest), instead of 15-feet as required, for a proposed generator and existing pool equipment. Staff Planner Chris Langaster Location 1412 Crystal Parkway GPIN Zoning District R-20 Residential Site Size 33,300 square feet AICUZ Less than 65 db DNL Year Constructed 1988 Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Chesapeake Bay Preservation Area Board History On May 12, 2016, Staff administratively approved a concrete pad for the proposed generator on the southeast side of the dwelling provided it is no greater than 35-square feet. Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-20 Residential South Single-family dwellings / R-20 Residential East Crystal Lake Single-family dwellings / R-20 Residential West Crystal Parkway Single-family dwellings / R-20 Residential Serban Ghenea Case Number 2016-BZA Page 1

18 Summary of Proposal The applicant is proposing to install a 48kW Generac (RG048) stand-by generator, and wishes to retain existing pool equipment. The pool equipment is located ten-feet from the southwest side yard property line, instead of 15-feet as required. The proposed generator, as measured from a distance of 23-feet, produces sound outputs of 68 DBA during normal operation, and 63 DBA while operating in exercise mode, as required for the purpose maintenance. The existing dwelling is approximately 23-feet from the closest adjacent dwelling, and separated by a mature bamboo hedgerow and fence along the south side property. The existing vegetation and fence will provide a sound barrier from the adjacent property. Considerations The proposed generator and existing pool equipment will be located on the south side of the dwelling. An existing mature landscape hedge and fence will provide sound mitigation, as well as screen the generator and pool equipment from view from the adjacent property. The adjacent property owner to the south supports this request, and staff does not expect any opposition from other adjoining property owners or surrounding community. Recommended Conditions 1. The proposed 48kW Generac (RG048) stand-by generator shall be installed in substantial adherence to the submitted site plan entitled, PHYSICAL SURVEY OF LOT 9 FRANK ATKINSON S LAKE SITES, 1412 CRYSTAL PARKWAY, VIRGINIA BEACH, VIGRINIA FOR SERBAN GHENEA, dated June 6, 2004 and prepared by Hunt Club consulting, as well as the manufacturer s specifications provided in the file. 2. The proposed generator shall only be operated in the case of an emergency power outage, or in exercise mode for the purpose of maintenance as prescribed by the manufacturer s specifications. Serban Ghenea Case Number 2016-BZA Page 2

19 Case # 2016-BZA Property Owner Scott Vance Representative Foster Matter Public Hearing August 3, 2016 Description of Request A variance to a 17-foot side yard adjacent to a street (Calvert Street), instead of 30-feet as required for proposed building additions; and to a 13.5-foot side yard adjacent to a street (Calvert Street), instead of 30-feet as required for an existing dwelling and balconies. Staff Planner Kevin Kemp Location 2581 Shore Drive GPIN Zoning District R-7.5 Residential (Shore Drive Overlay) Site Size 6,087 square feet AICUZ Less than 65 db DNL Year Constructed 1982 Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Shore Drive Single-family and duplex dwellings / R-5R Residential South Single-family dwellings / R-7.5 Residential East Calvert Street Single-family dwellings / R-7.5 Residential West Single-family dwellings / R-7.5 Residential Scott Vance Case Number 2016-BZA Page 1

20 Summary of Proposal The existing home was constructed in At the time of construction, the setback adjacent to Calvert Street was 15- feet. The home was constructed feet from the property line, and a two-story balcony was constructed 13.5-feet from the property line. In 1988, the setback adjacent to Calvert Street was changed to 30-feet in the subject zoning district. The applicant wishes to construct a second floor addition to the home, and requests a 17-foot setback from Calvert Street, instead of 30-feet as required. The applicant also requests a variance to a 13.5-foot setback adjacent to Calvert Street for the existing home. The submitted survey also shows a proposed first floor deck, partially under the proposed addition. The proposed deck meets all applicable setbacks. There is a three-foot in height fence shown on the northern portion of the property. The applicant has agreed to move the fence so that all applicable setback requirements are met. Considerations In 1988, the setback adjacent to a street in the R-7.5 (previously R-6) was changed from 15-feet to 30-feet. The existing home, constructed in 1982, is located 13.5-feet from the property line. Staff believes this encroachment was accidental and encouraged the applicant to request a variance to legitimize the encroachment. The proposed addition does not encroach further into the setback adjacent to Calvert Street than the existing dwelling. The proposed addition meets the required front and west side setbacks. The subject nonconforming lot was platted in The lot is substandard in both lot size, 6,000 square feet as opposed to 7,500 square feet as required, and in lot width, 50-feet as opposed to 85-feet as required. Staff has received no opposition for this request. Recommended Conditions 1. When constructed, the proposed improvements shall be in substantial conformance in size and location as shown on the submitted site plan entitled, PHYSICAL SURVEY OF LOT 5, BLOCK 12, CAPE HENRY, SECTION G, VIRGINIA BEACH, VIRGINIA, FOR SCOTT VANCE dated May 19, 2015 and prepared by Dennis Gerwitz Land Surveyors, P.C. The proposed improvements have been noted on the submitted survey. 2. When constructed, the proposed second floor addition shall be in substantial conformance to the submitted elevation drawing entitled, MR. SCOTT VANCE, 2581 SHORE DRIVE, prepared by Jessup Construction LLC. 3. The three-foot wood fence shown on the submitted site survey shall be moved to conform to all requirements of Section 201 (e) of the Zoning Ordinance. Scott Vance Case Number 2016-BZA Page 2

21 Case # 2016-BZA Property Owner C & C Development Co Inc & Altalayla Properties LC Representative Eddie Bourdon, Sykes Bourdon Ahern & Levy Public Hearing August 3, 2016 Description of Request A variance to a 12-foot front yard setback (east), instead of 20-feet as required and to a 12-foot side yard adjacent to a street (55th Street), instead of 20-feet as required and to an eight-foot side yard setback (north), instead of ten-feet as required for a proposed single family dwelling and porch (unit 201A); and to a 15-foot side yard adjacent to a street (55th street), instead of 20-feet as required and to an eight-foot rear yard setback (west), instead of 20-feet as required and to an eight-foot side yard setback (north), instead of ten-feet as required for a proposed single family dwelling and porches (unit 201B); and to a 12-foot rear yard setback (west), instead of 15-feet as required for proposed HVAC units (unit 201B). Staff Planner Chris Langaster Location 201A & 201B 55th Street GPIN Zoning District R-5R Residential (North End Overlay) Site Size 7,053 square feet AICUZ db DNL Year Constructed New Construction Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Duplex dwelling / R-5R Residential South 55th Street Single-family dwellings / R-5R Residential East Atlantic Avenue Single-family dwellings / R-5R Residential West Single-family and duplex dwellings / R-5R Residential C&C Development Co., Inc. Case Number 2016-BZA00058 Page 1

22 Summary of Proposal The applicant is proposing to construct two, single-family dwellings on an R-5R Residential Duplex zoned lot located in the North End Overlay District. The applicant is seeking the following setback variances with this proposal: A variance to 12-foot front yard setback, instead of 20-feet as required for a proposed (unit A) single-family dwelling; A variance to 12-foot side yard setback from the property line adjacent to 55 th Street, instead of 20-feet as required for a proposed (unit A) porch; A variance to eight-foot north side yard setback, instead of 10-feet as required for a proposed (unit A) singlefamily dwelling; A variance to 15-foot side yard setback from the property line adjacent to 55 th Street, instead of 20-feet as required for a proposed (unit B) porch; A variance to eight-foot north side yard setback, instead of 10-feet as required for a proposed (unit B) singlefamily dwelling; A variance to eight-foot rear (west side) yard setback, instead of 20-feet as required for a proposed (unit B) porch; and A variance to 12-foot rear (west side) yard setback, instead of 15-feet as required for a proposed (unit B) HVAC units. The existing duplex on the site will be demolished in preparation of constructing the two proposed detached singlefamily dwellings. During the intake process, staff discovered some discrepancies regarding the legal description, lot recordation and dimensions of the lot, as depicted on the submitted site plan. Staff has since resolved these discrepancies with the applicant s civil engineer and has received a revised site plan. Based on an engineering error, it appears the lot is slight wider than expected. Therefore, both of the proposed dwellings will now comply with the required ten-foot setback to the western property line. The applicant s representative is expected to modify the above mentioned requests at the hearing. The aforementioned discrepancies will not have any bearing on any of the other proposed variance requests. As mentioned above, the subject lot is located in the North End Overlay District. The North End Overlay allows bonus porches to extend a maximum eight-feet into a required front and rear yard setbacks, provided the rear yard does not face the Atlantic Ocean. The applicant is seeking variances for the porches of both units that will extend into the side yard adjacent to 55 th Street, and into the required rear yard, eight-feet instead of 12-feet as required. The front of the proposed dwellings will face 55 th Street; however, as defined by Zoning Ordinance, the legal front of the lot is considered the property line adjacent to Atlantic Ave. With the exception of the porches, each of the proposed dwelling will maintain a 20-foot setback from the property line adjacent to 55 th Street. Only the porches will extend into the required 20-foot setback. The North End Overlay District encourages two detached single-family dwellings on one lot rather than duplex development that could potentially maximize the lot with improvements. This proposal is in keeping with the intent of the North End Overlay; however, the proposed porch additions will encroach into the required side corner and rear yard setbacks. Considerations The subject lot is nonconforming to the minimum lot area (10,000 square feet) and the lot width (85-feet) as required for a duplex development on a corner lot in the R-5R zoning district. Due to an error that was discovered in the originally submitted site plan, the proposed dwellings will now comply with the required west side yard setback. This proposal is not expected to create any detrimental impacts to the adjoining property owners or surrounding community. C&C Development Co., Inc. Case Number 2016-BZA00058 Page 2

23 Recommended Conditions 1. The proposed single-family dwellings and porches shall be constructed in substantial adherence to the submitted, revised site plan entitled, BZA EXHIBIT OF LOT 5, BLOCK 10, UBERMEER, VIRGINIA BEACH, VIRGINIA, EXCLUSIVELY FOR VB HOMES, dated July 26, 2016 and prepared by WPL Landscape Architecture. 2. The porches shall not be enclosed without further consideration from the Board of Zoning Appeals. 3. The proposed single-family dwellings shall comply with the minimum ten-foot side yard setback from the western property line. C&C Development Co., Inc. Case Number 2016-BZA00058 Page 3

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25 Case # 2016-BZA Property Owner Waffle House, Inc. Representative Russell Holland Public Hearing August 3, 2016 Description of Request A variance to allow a freestanding sign on property with less than the required 100-feet of frontage; and to permit a total of 120-square feet of signage, instead of 112-square feet as allowed. Staff Planner Chris Langaster Location 1535 Lynnhaven Parkway GPIN Zoning District PD-H1 Planned Unit Development Site Size 22,373 square feet AICUZ Less than 65 db DNL Year Constructed 2016 Board of Zoning Appeals History No Board of Zoning Appeals variances were found on this property. Surrounding Land Uses and Zoning Districts North Multi-family dwellings / PD-H1 Planned Unit Development South Lynnhaven Parkway Multi-family dwellings / PD-H1 Planned Unit Development Office and retail / PD-H1 Planned Unit Development West Storage unit / PD-H1 Planned Unit Development Waffle House, Inc. Case Number 2016-BZA Page 1

26 Summary of Proposal The applicant is proposing to install a free-standing monument sign on the southeast corner of a lot recently developed with a restaurant. Variances are requested to allow a free-standing sign on a lot with less than 100-feet of frontage, and to allow a total of 120-square feet of signage, instead of 112-square feet of signage as permitted. The proposed sign is located 20-feet from the property line adjacent to Lynnhaven Parkway. This proposed setback is mainly due to a 20-foot utility and drainage easement that transverses the entire front on the lot. If the easement was not in place, the proposed sign would normally have a seven-foot setback from the property line adjacent to Lynnhaven Pkwy. The subject lot has feet of frontage, and the restaurant has two building mounted signs installed, one facing the south side (Lynnhaven Pkwy) and one on the east side of the building. The lot is flanked by a mini-storage facility on the west side and a dentist office on the east side. Each of these sites have freestanding monument signs. In fact, the ministorage facility has a free-standing monument sign installed in close proximity to the southwest corner of the subject site and it gives the appearance of being installed on the subject site. The mini-storage site also has less than 100-feet of frontage and received a sign variance in April 2015 to install the free-standing sign, as well as allow a total of 149-square feet of signage, instead of 109-square feet as allowed. The adjacent dentist office site also has less than 100-feet of frontage; however, it was developed in 1981, prior to the ordinance amendment in 1988 that required that frontage to have a free-standing sign. Therefore, the existing free-standing monument sign is nonconforming and a variance was not required to change the face of the existing sign. Considerations The subject lot was created in 1981, and is considerably narrow. The existing restaurant has two building mounted signs and is fairly visible from Lynnhaven Pkwy. The proposed free-standing monument sign will be installed on an interior landscape island on the southeast side of the parking lot. The nonconforming, free-standing monument sign located on the adjacent property to the east (dentist office) could potentially obstruct the view of the proposed free-standing sign from traffic traveling west on Lynnhaven Pkwy. In addition, vehicles parked on either side of the proposed sign are also expected to limit the sign s visibility. A 20-foot utility and drainage easement located along the entire frontage of the lot prevents the sign from being installed closer than 20-feet to Lynnhaven Pkwy. Recommended Condition 1. The proposed free-standing monument sign shall be constructed in substantial adherence to the submitted site plan entitled, WAFFLE HOUSE LYNNHAVEN PARKWAY, 1521 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VIRGINIA, LAYOUT, dated April 4, 2014 and prepared by LPS; and the submitted renderings dated May 12, 2016 and prepared by Clayton Signs. Waffle House, Inc. Case Number 2016-BZA Page 2