BOARD OF ZONING APPEALS MINUTES

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1 BOARD OF ZONING APPEALS MINUTES The Board of Zoning Appeals conducted a Public Hearing on Wednesday, March 6, 2013 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 March 6, Those members present were Mr. George Alcaraz, Mr. Richard Garriott, Mr. Thomas Holland, Mr. James Oglesby, Mr. Rod Rodriguez, Mr. Randy Sutton, and Mr. David Whitley who sat in as an alternate. REGULAR AGENDA: Case 1: Kevin & Jennifer Tucker request a variance to a 4 foot side yard setback (West side) instead of 10 feet as required (Proposed Generator) on Lot 8, th Street. Lynnhaven District #5, ZONING: R-5R, RMA, GPIN: to defer the application to May 1, Case 2: Andrew Hodge requests a variance to a 17 foot rear yard setback (East side) instead of 20 feet as required (Proposed Replacement of Deck) on Lot 4, Croatan Beach, 616 Vanderbilt Avenue. Beach District #6, ZONING: R-10, GPIN: Greg Nelson appeared before the Board. 1. The rails shall substantially adhere to the submitted sample illustrations. 2. With the exception of the rail replacement and minor maintenance, no further improvements or expansions shall be made to the existing decks without consideration from the Board of Zoning Appeals. 3. A building permit shall be obtained no later than 7 business days of this hearing date for the proposed railings as well as for the previously installed deck boards. 4. The decks shall remain uncovered and unenclosed.

2 Case 3: Carole Burbo requests a variance to a 6 foot setback (North side) instead of 30 feet as required (Proposed Generator) on Lot 12, Pembroke Park, 4456 John Jay Lane. Bayside District #4, ZONING: A-12, RMA, GPIN: Carole Burbo and Heather (in audible) appeared before the Board. The Board of Zoning Appeals passed a motion by a recorded vote of 6 for the motion and 1 abstention to approve this request to the following conditions: 1. The proposed 8kW Centurion stand-by generator shall be installed as recommended by the manufacturer s specifications and as depicted in the submitted site plan. 2. The generator shall only be operated during emergency power outages and as directed in the manufacturer s specifications for the purpose of maintenance. The applicant shall make every effort to program the generator to operate in exercise mode during times most appropriate and convenient to the adjoining property owners. 3. Should the existing 6 foot privacy fence enclosing the rear yard be removed for any reason, it shall be replaced with a 6 foot privacy fence or a minimum 4 foot enclosure with alternating slats shall be installed directly around the generator. Case 4: Todd Snedeker requests a variance to a 43.6 foot front yard setback instead of 50 feet as required (Proposed Front Porch) on Lot 9, Thalia Farms, 4377 Lynnville Crescent. Lynnhaven District #5, ZONING: R-20, RMA, GPIN: Todd Snedeker and Robert Tally, Builder appeared before the Board. The Board of Zoning Appeals passed a motion by a recorded vote of 5-2 to approve this request. Case 5: Thomas Hubbard requests a variance to a 37 foot front yard setback instead of 50 feet as required and to 41 feet in building height instead of 35 feet in building height as allowed (Proposed Single Family Dwelling), Alanton, 1549 McCullough Lane. Lynnhaven District #5, ZONING: R-40, RPA, GPIN: Billy Garrington appeared before the Board. 1. The proposed two story dwelling shall be constructed in substantial adherence to the submitted site plan and building plans. 2. The proposed dwelling shall not exceed 39 feet in building height. 2

3 Case 6: Margaret Subasic requests a variance to a 3 foot rear yard setback (South side) instead of 10 feet as required (Existing Detached Garage) on Lot 14, Lake Smith Terrace, 1028 Walt Whitman Way. Bayside District #4, ZONING: R-10, RMA, GPIN: Margaret Subasic and Paula Subasic appeared before the Board. Jim Cherwa of 1029 Walt Whitman Way appeared before the Board in favor of the applicant. 1. Approval is for the life of the existing shed/pool house only. Any replacement shed/pool house must meet required setbacks. Case 7: Jim White requests a variance to a 12 foot setback for side yards adjacent to a street (Violet Bank Drive) instead of 30 feet as required (Proposed Residential Addition) on Lot 6, Bellamy Manor, 1200 Orkney Drive. Kempsville District #2, ZONING: R-20, GPIN: Jim White appeared before the Board. 1. The addition shall substantially adhere to the submitted site plan and architectural drawings. Case 8: Bonnie Alexander requests a variance to an 8 foot front yard setback (South side) and to a 9 foot front yard setback (North side) instead of 30 feet each as required and to a 0.7 foot side yard setback (West side) instead of 5 feet as required and to a 3 foot side yard setback (East side) instead of 10 feet as required (Proposed Garage Rebuild) on Lot 9, Chesapeake Beach, 5076 Lauderdale Avenue. Bayside District #4, ZONING: R-7.5, RMA/RPA, GPIN: Bonnie Alexander and Larry Lafary appeared before the Board. 1. The proposed garage and steps shall be rebuilt in substantial adherence to the submitted site plan and building plans. 2. The steps shall be rebuilt at a minimum 8 foot side yard setback from the east side property line. 3. An encroachment agreement must be obtained from City Council prior to receiving a Certificate of Occupancy from the Permits and Inspections Office. 3

4 Case 9: Michael Bordi requests a variance to a 7 foot side yard setback (East side) instead of 10 feet as required and to allow 39% in lot coverage instead of 37% lot coverage as granted by the Board of Zoning Appeals on July 15, 1992 (Proposed 2 nd Floor Deck and Stairs) on Lot 30, Cavalier Shores, th Street. Beach District #6, ZONING: R-7.5, RMA, GPIN: R J Nutter, Attorney appeared before the Board. to approve this request. Case 10: PH Developers, LLC requests a variance to a 25 foot front yard setback (Northwest side) and to a 10 foot setback for side yards adjacent to a street (Princess Anne Road) instead of 35 feet each as required (Proposed Commercial Buildings) on Parcel 1, 1912 Landstown Centre Way. Princess Anne District #7, ZONING: B-2, GPIN: Brad Martin, Engineer appeared before the Board. 1. Development shall substantially adhere to the submitted site plan and architectural renderings. Case 11: Anastasios & Christl Tsolakis request a variance to a 9.78 foot front yard setback instead of 20 feet as required (Proposed Single Family Dwelling) on Lot 6, Ocean Park, 3805 Jefferson Boulevard. Bayside District #4, ZONING: R-5R(SD), RMA, GPIN: Edward Bourdon, Attorney appeared before the Board. 1. Development shall be in substantial compliance with the submitted plans and elevations. 4

5 Case 12: Coastal Development Ventures, Inc. requests a variance to a 20 foot setback for side yards adjacent to a street (South side) and to a 13 foot setback for side yards adjacent to a street (North side) instead of 30 feet each as required (Proposed Single Family Dwelling) on Lot W24, Little Haven, 900 Hurds Lane. Lynnhaven District #5, ZONING: R-40, RMA, GPIN: Edward Bourdon, Attorney appeared before the Board. Peter Day of 3000 Oak Lynn Path appeared before the Board to make commentary. 1. The proposed dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. The proposed dwelling will maintain a minimum foot front yard setback and the proposed steps will maintain a 22 foot front yard setback from property adjacent to Hurds Road. Case 13: Eli Sweiry requests a variance to a 10 foot setback for side yards adjacent to a street (Walke Street) instead of 20 feet as required and to allow 38% lot coverage instead of 35% lot coverage as allowed and to 68% impervious cover instead of 60% impervious cover as allowed and to modify condition #3 of a variance granted by the Board of Zoning Appeals on March 3, 2010 on Lot 5, Cape Henry, 2624 Ocean Shore Avenue #A & B. Lynnhaven District #5, ZONING: R-5R, RMA/RPA, GPIN: Billy Garrington appeared before the Board. 1. A maximum 68% impervious cover is permitted. 2. The detached garage shall be substantially in keeping with the revised architectural elevation showing the standing seam roof and front transom windows on file in the Zoning Office. Case 14: Ray & Mirella Stalnaker request a variance to a 10 foot setback for side yards adjacent to a street (Schubert Court) instead of 30 feet as required (Proposed Inground Swimming Pool) on Lot 7, Ocean Lakes North, 2025 Schubert Drive. Princess Anne District #7, ZONING: R-7.5, GPIN: to defer the application with a new fee required. 5

6 DEFERRED AGENDA: Case D-1: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 1, Kenley Case D-2: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 2, Kenley Case D-3: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 3, Kenley 6

7 Case D-4: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 4, Kenley Case D-5: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 5, Kenley Case D-6: Habitat for Humanity requests a variance to a 22 foot front yard setback instead of 30 feet as required (Proposed Single Family Dwelling) on Lot 6, Kenley Respectfully Submitted lmr George Alcaraz Chairman 7

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