Case #1 Like New Homes, LLC August 1, 2012

Transcription

1 PREPARED BY: CHRIS LANGASTER Case #1 Like New Homes, LLC DESCRIPTION OF REQUEST: requests a variance to a 5.7 foot side yard setback (West side) instead of 10 feet as required (Proposed Room Additions) th Street Lot 20, Cape Henry Lynnhaven District #5 GPIN: ZONING: R-5R, RMA YEAR BUILT: 1972 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicant is proposing to construct two (2) second- story room additions and a second-story deck on an existing duplex. A variance to a 5.7-foot west side yard setback, instead of 10-feet as required is sought with this proposal. The 13.5 x 28.6 second-story additions will be constructed above one-story portions of each the north and south duplex units. A 10 x 25 second-story deck will also be constructed directly south the proposed addition on the duplex unit to the south. This duplex lot presently does not have any off-street parking spaces. At the time this duplex was constructed, each dwelling unit required one (1) 200 square feet off-street parking space. This would have required this lot to at least have two (2) off-street parking spaces. Today, a duplex requires a total of four (4) 9 x 18 off-street parking spaces. It appears the two (2) required parking spaces were never installed. Therefore, this duplex is not in compliance with the off-street parking requirements. This duplex is nonconforming in respect to the west side yard setback; however, it does not meet the required off-street parking requirements. The proposed additions will be constructed within the existing footprint of the duplex and the side yard setback will not increase with this proposal. Staff has consulted with the applicant regarding the required parking spaces and the applicant has agreed to install four (4) off-street parking spaces. Installing (4) parking spaces will comply with the current parking requirements rather than (2) parking spaces required when the dwelling was built. Based on the submitted building elevations this proposal will improve the aesthetics of this existing duplex. Therefore, this proposal is not expected to create detriment to the existing property owners or surrounding community. If approved, the following conditions are recommended: 1. The proposed additions shall be constructed in substantial adherence to the submitted building elevations and physical survey. 2. Building materials and colors used to construct the proposed additions shall be compatible with the existing duplex. 3. The proposed south side second-story deck shall not be covered and the area below will not be enclosed. 4. A total of four (4) 9 x 18 off-street parking spaces shall be installed, prior to obtaining a Certificate of Occupancy.

2 PREPARED BY: CHRIS LANGASTER Case #2 Virgelie Anne Borrero DESCRIPTION OF REQUEST: requests a variance to a 4.9 foot side yard setback (West side) instead of 10 feet as required and to an 8 foot rear yard setback (South side) instead of 20 feet as required and to 1,921 square feet in lot coverage (39%) instead of 1,721 square feet in lot coverage (35%) as allowed (Proposed Room Addition) 3517 Faraday Lane Lots 14 & 15, Pecan Gardens Rose Hall District #3 GPIN: ZONING: R-7.5, RMA YEAR BUILT: 1977 AICUZ: noise zone 65-70dB DNL SUMMARY OF PROPOSAL: The applicants are proposing to construct a one-story addition 4.9-feet from the west side property line instead of 5-feet and 8-feet from the rear property line, instead 20-feet each as required. This addition will square off the southwest portion of this existing single-family dwelling presently located 4.9-foot from the west property line and 8-feet from the rear. Additionally, the applicants are seeking a variance to allow 39% in lot coverage, instead of 35% in lot coverage as allowed in this district. The applicant has indicated the proposed addition will be used as a playroom for a growing family. This dwelling is presently situated on two lots. Per the Uniform State Building Code (USBC), the interior property line will have to be vacated in order for the applicant to construct the addition over the interior property line. Staff has verified a subdivision plat vacating the interior lines has been recorded. This dwelling was built in1977 and the side yard setbacks were 5-feet and10-feet and the rear yard setback was 10-feet. Consequently, the existing dwelling does not comply with either the side yard or rear yard setback requirements and staff was unable to determine when or how these encroachments occurred. These two lots combine for a total lot area of ±4,919 square feet; therefore, this zoning lot is presently nonconforming regarding the minimum (7,500 square feet) lot area required in this zoning district. Staff could not conclude this dwelling nonconforming in respects to the side and rear yard setback requirements. However, the proposed addition will align with the existing dwelling along the west side and maintain a 13-foot rear setback rather than the 8-foot rear setback the existing dwelling presently maintains. Because the setback will not increase with this proposal, staff does not anticipate this request will create a detriment to the adjoining property owners. If approved, the following conditions are recommended: 1. The proposed one-story addition shall be constructed in substantial adherence to the submitted site plan. 2. If any complaints or drainage issues arise during construction, and remain unresolved, or if the construction of structural or other improvements including grading and drainage does not substantially conform with the approved site plan, as determined by the building inspector, an as-built survey may be required to be submitted to the Development Services Center for review and approval prior to final occupancy

3 PREPARED BY: KAREN LASLEY Case #3 Mable Edith Fulghum DESCRIPTION OF REQUEST: requests a variance to a 7 foot setback for side yards adjacent to a street (Pallets Road) instead of 30 feet as required and to 764 square feet in building floor area instead of 500 square feet in building floor area as allowed for accessory structures (Proposed Detached Shed) 2100 Chicken Valley Rd Lot 34, Point O Woods Beach District #6 GPIN: ZONING: R-7.5, RMA YEAR BUILT: 1964 AICUZ: APZ-2 and Greater than 75 db DNL SUMMARY OF PROPOSAL: The applicant is requesting a variance to allow a 20 by 14 detached accessory building with a 4 by 20 covered porch to be constructed with a 7 side yard setback adjacent to the street, rather than 30 as required. Because this residential lot already has an existing 22 by 22 detached garage, a variance is also needed to allow a total of 764 square feet of accessory buildings, rather than the maximum of 500 square feet permitted. A picture of the proposed detached structure has been submitted and the application indicates that the structure will be finished in vinyl to match the existing home. The applicant suffered a stroke in May 2011 and is now continuing her physical and recreational therapy at home. The proposed structure is desired to provide her with space for a sewing room to accommodate her quilting hobby, which has become her best form of therapy. The subject site is a corner lot on a curve and is oddly shaped, however, the majority of the proposed structure does not meet the 30 setback and will be highly visible at this corner location. Although staff extends sincere sympathy to the applicant for the health issues she has endured and celebrate her progress and passion for quilting, we hope that her therapy quilting can be accommodated within the existing home or two-car garage since the proposed structure would not be in keeping with the intent of the residential setback regulations.

4 PREPARED BY: CHRIS LANGASTER Case #4 Russell Owens DESCRIPTION OF REQUEST: requests a variance to a 6.71 foot side yard setback (North side) instead of 10 feet as required (Proposed Garage Addition) 733 Rochelle Arch Lot 105 Kempsville District #2 GPIN: ZONING: R-10 YEAR BUILT: 1971 AICUZ: noise greater than 75dB DNL SUMMARY OF PROPOSAL: The applicant is proposing to construct an 18 x one-story building addition 6.71-foot from the north side property line, instead of 10-feet as required. This addition will expand an existing two car garage. The applicant intends to retain the two (2) 7 x 8 garage bay doors; however, the new addition will have a 7 x 10 garage day door. Currently, an existing 7.90 x movable vinyl shed is located directly adjacent to the north side of the dwelling. This shed will have to relocated or removed in order to construct the proposed addition. This lot is pie-shaped and the north side property line is angled. Based on the submitted site plan, only a minor portion of the northwest corner of the proposed addition will encroach onto the required side yard setback. The majority of the proposed addition will comply with the required side yard setback and minimum (30 ) front yard setback. The proposed addition will maintain a distance of approximately 40-feet from adjoining dwelling to the northwest. Therefore, this proposal is not expected to create a detriment to the adjacent property owners or surrounding community. If approved, the following conditions are recommended: 1. The proposed one-story garage addition shall be constructed in substantial adherence to the submitted site plan and hand drawing. 2. The existing shed shall be removed or relocated on the lot in compliance with the required setbacks.

5 PREPARED BY: KAREN LASLEY Case #5 Dan Hansen DESCRIPTION OF REQUEST: requests a variance to a 4 foot side yard setback (Southwest side) and to a 4 foot rear yard setback (Southeast side) instead of 15 feet each as required and to 741 square feet in building floor area instead of 500 square feet in building floor area as allowed (Proposed Detached Shed) 2333 Great Neck Circle Lot 3, Great Neck Estates Lynnhaven District #5 GPIN: ZONING: R-20, RMA YEAR BUILT: 1969 for Existing Home AICUZ: Less than 65 db DNL SUMMARY OF PROPOSAL: The applicant is requesting a variance to allow completion of a 248 square foot shed with a 4 side yard setback and a 4 rear yard setback, rather than 15 each as required. The shed also needs a variance to allow 741 square feet in detached accessory buildings, rather than the maximum of 500 square feet permitted. The site has an existing 493 square foot detached garage. The applicant submitted five letters of support from neighbors. The zoning regulations for residential lots allow one-story sheds with 150 square feet or less to have reduced side and rear yard setbacks of 5. The larger size of this shed is not in keeping with the intent of the regulations to allow small sheds closer to property lines. Although it is unfortunate that the shed was half-way constructed in the wrong location, the site does not appear to have any unique characteristics that justify the variance.

6 PREPARED BY: CHRIS LANGASTER Case #6 Mike Gillikin DESCRIPTION OF REQUEST: requests a variance to a 3.8 foot side yard setback (East side) instead of 8 feet as required (Proposed Covered Porch) 1136 Treefern Drive Lot 58, Birdneck Lake Beach District #6 GPIN: ZONING: R-5D YEAR BUILT: 1986 AICUZ: noise zone greater than 75dB DNL SUMMARY OF PROPOSAL: The applicant is seeking to construct a 6 x 22 covered unenclosed front porch 3.8-feet from the east side property line, instead of 8-feet as required. A 4 x 14 covered porch is presently installed on the front of this singlefamily dwelling. Staff believes this porch was built at the time the dwelling was originally built. The porch will be removed upon constructing the new porch and the new covered porch will be in compliance with the required 20-front yard setback. The subdivision plat/lot were recorded in the mid 1980 s under the zero-lot line requirements. At the time of the lot recordation, the east side property line was established as the zero setback side and a 10-foot setback was required for the opposite side. The zero-lot line ordinance was removed from the City Zoning Ordinance in Presently, the existing single-family dwelling is setback 0.1inch from the east side property line; therefore, it is nonconforming in respects to the current required 8-foot east side yard setback. The proposed covered unenclosed porch will maintain a 3.8-foot setback from the east side property line. Its staff opinion applying the strict application of the City Zoning Ordinance would produce an undue hardship not commonly shared by others in the same district. Based on the submitted building elevations, the porch will be aesthetically pleasing and staff does not anticipate this request will create a detriment to the adjoining property owner. If approved, the following conditions are recommended: 1. The proposed covered unenclosed front porch shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. The porch shall remain unenclosed.

7 PREPARED BY: KAREN LASLEY Case #7 Lloyd Little DESCRIPTION OF REQUEST: requests a variance to a 3.2 foot side yard setback (West side) instead of 8 feet as required (Proposed Garage Additions) nd Street Lot 8 Lynnhaven District #5 GPIN: ZONING: R-5R, RMA YEAR BUILT: 1945 AICUZ: Less than 65 db DNL SUMMARY OF PROPOSAL: This site contains a single family home and a detached 2-story garage. The garage has an existing side yard setback of 3.2 on the west side and does not currently meet the required 8 side yard setback. It is the desire of the applicant to elevate the existing garage onto a new foundation in order to prevent further deterioration from water and termites. The garage does not currently have a foundation. A variance is being requested to allow the garage to remain on a new foundation with a 3.2 setback on the west side, rather than 8 as required. Since the entire garage must be elevated, it appears that the location can be shifted 4.8 to meet the required 8 setback. The applicant is exploring options with his architect.

8 PREPARED BY: KAREN LASLEY Case #8 Brava, LLC DESCRIPTION OF REQUEST: requests a variance to a 0 foot setback (20 th Street) instead of 7 feet as required and to waive the required 75 square feet of landscaped area (Proposed Free Standing Sign) 301 & th Street Beach District #6 GPIN: ; ZONING: RT-3, RMA YEAR BUILT: New commercial parking lot AICUZ: db DNL, Sub Area 1 SUMMARY OF PROPOSAL: Zoning regulations require freestanding signs to have a 7 setback from all rights-ofway. The applicant has opened a new commercial parking lot and is requesting to erect a 12 tall, monument style sign with a zero setback from 20 th Street and a variance is being requested. The sign meets the required setback from Pacific Avenue. An elevation of the proposed sign has been submitted. The sign proposal was reviewed by the Resort Advisory Commission s Planning and Design Review Committee and recommended for approval. The configuration of the existing parking lot does not allow the sign to meet the required setback. If approved, the following condition should be required: The sign shall substantially adhere to the submitted sign elevation.

9 PREPARED BY: CHRIS LANGASTER Case #9 Landmark Custom Homes, Inc. DESCRIPTION OF REQUEST: requests a variance to a 10 foot rear yard setback (West side) instead of 20 feet as required (Proposed Duplex) 2437 Pleasure House Road Lots 1, 2, 3, Bradford Terrace Bayside District #4 GPIN: ZONING: R-5R, RMA YEAR BUILT: New construction AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicants are proposed to construct a three-story duplex 10-feet from the rear property line, instead of 20-feet as required. A one-story single-family dwelling has recently been demolished in preparation for this proposal. The previous dwelling was developed on three nonconforming lots; however, the dwelling was situated on only two lots (Lots 1&2). The previous dwelling complied with the rear yard setback, with the exception of the south side setback that only maintained a 1.7-feet setback. To comply with the Uniformed State Building Code (USBC), the interior property lines will have to be vacated in order to build the proposed duplex. The nonconforming lots will combine for a total lot area of 6,152 square feet. In this zoning district, a single-family lot requires a minimum of 5,000 square feet in lot area and a duplex lot requires a minimum of 10,000 square feet in lot area. Because combing these lots will lessen the nonconformity opposed to developing these lots individually, a duplex lot was allowed to be created without meeting the minimum lot area for a duplex. Two of these 25 x 100 lots are rectangular in shape, which is consistent with the standard size and shape of the lots found in the surrounding community. However, one of the lots is triangle in shape and narrows to a point as the property line approaches the west side property line. Therefore, the north side property line will be at an angle once the new lot is created. Condominium developments presently flank this lot to the north (across Machen Avenue) and directly adjacent to the south. A single-family dwelling abuts west side of the lot. In March 2010 during the early planning process, the applicant contacted the Zoning Office to inquire about the allowed use(s) and setback requirements for this zoning district. Unfortunately, the applicant was given the incorrect rear yard setback of 10-feet rather than 20-feet as required in this zoning district for both single-family and duplex dwellings. The misinformation the applicant received lead to the engineer designing the proposed duplex at a 10-foot setback. The applicant was subsequently apprised of error during the site plan review process. A Chesapeake Beach Civic League representative as well as an abutting neighbor has expressed some concern regarding the size of the proposed duplex and reducing setback the from the west side. * Letters of opposition can be found in the file.

10 These lots are nonconforming and although combining these lots will reduce the nonconformity; this duplex lot will not be 10,000 square feet as required in this zoning district. The proposed duplex will face Machen Avenue, which dead ends just beyond the west side property line of this lot. With exception of the west side, the proposed duplex will comply with all other required setbacks. If approved, the following condition is recommended: 1. The proposed duplex shall be constructed in substantial adherence to the submitted site plan and building elevations.

11 PREPARED BY: CHRIS LANGASTER Case #10 Donnie Humphries DESCRIPTION OF REQUEST: requests a variance to a 15 foot front yard setback instead of 30 feet as required and to a 5 foot side yard setback (West side) instead of 10 feet as required (Proposed Single Family Dwelling and Swimming Pool) 2904 Breezy Road Lot 4, Lynnhaven Colony Lynnhaven District #5 GPIN: ZONING: R-10, RPA YEAR BUILT: New construction AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY: On July 15, 1989, a variance to a 22-foot front yard setback instead of 30-feet as required was Granted for room addition. CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORY: On May 24, 2012, a variance to allow a single-family dwelling, swimming pool and other improvements were Granted with conditions. (Conditions can be found in file) SUMMARY OF PROPOSAL: The applicant is proposing to construct a single-family dwelling 15-feet from the front property line instead of 30-feet as required and install an above swimming pool 5-feet from the west side, instead of 10-feet as required. The existing onestory single-family dwelling will be demolished upon receiving approval of this request. The above ground swimming pool will be elevated 6-feet from the finished lot grade and installed west of the (driveway) required parking. A proposed 6-foot retaining wall will also be extending from the northwest corner of the proposed dwelling and installed around the proposed swimming pools edge and off-street parking spaces. This narrow lot is impacted by the floodplain regulations and the Chesapeake Bay Preservation Area Act requirements. The environmental sensitive features are located on the rear of this lot. To alleviate the impact on these environmental sensitive areas, all development is encouraged away from the buffer features as much as reasonably possible. Therefore, the proposed dwelling is showed forward of the buffer and environmental sensitive features. Due to the narrowest and environmental impacts, staff believes constructing a single-family dwelling comparable in size with the dwellings surrounding this lot, would be extremely challenging. If approved, the following conditions are recommended: 1. The proposed two story dwelling and above ground swimming pool shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. Any existing accessory structures encroaching on the required setback shall be removed or relocated in compliance with the required setbacks. 3. The proposed open front porch depicted on the building elevations shall remain unenclosed.

12 PREPARED BY: KAREN LASLEY Case #11 CCW Development Assoc DESCRIPTION OF REQUEST: requests a variance to an 8 foot setback for side yards adjacent to a street (Cypress Avenue) instead of 10 feet as required (Proposed Single Family Dwelling) th Street Lot C1 Beach District #6 GPIN: ZONING: R-5D, RPA YEAR BUILT: Proposed new construction AICUZ: db DNL APPLICATION HISTORY: This application was deferred by the Board of Zoning Appeals on July 6, 2011 and on August 3, 2011 because the final plat was not recorded. The former request was by John Probst, however, CCW Development Associates now owns the property. The application has been updated to reflect the new ownership. SUMMARY OF PROPOSAL: This property, zoned R-5D Residential Duplex District, was recently resubdivided into two lots, each measuring 140 by 47.5 and containing 6,650 square feet each. Rather than building a duplex on each lot, it is the desire of the applicant to use an option available only in the Old Beach Overlay District. In this overlay district, a lot containing a minimum of 5,000 square feet with a width of at least 40 may be developed with a single-family detached home and a second ancillary single-family detached home on the same lot. Submitted plans show that the two lots will be developed with four dwellings. The applicant is asking the Board of Zoning Appeals for a variance to allow an 8.1 side yard setback from unimproved Cypress Avenue for two dwellings, rather than 10 as required for dwellings in the Old Beach Overlay District that meet the Old Beach Design Guidelines. The applicant feels that the variance is justified because the Cypress Avenue right-of-way adjacent to the site will not be improved since over half the width is wetland marsh grass. With the resubdivision, the applicant has increased the width of the lot that requires a variance from 25 to 47.5, improving the building footprint. The two lots are impacted by the Chesapeake Bay Preservation Area (CBPA) Act and the CBPA Board approved this request with 17 conditions on February 28, The applicant has also met with the Old Beach Design Review Committee and they are in general support of the project. The Committee, however, has recommended several changes to the architectural building elevations. They advise that in keeping with the Old Beach Design Guidelines, the proposed porches need to be extended from 3 deep to 5 deep. The Committee also recommends the applicant consider using permeable pavers or pavers for the driveway; screen the trash cans and HVAC; and possibly move the HVAC equipment to the western (left lot) and eastern (right lot) side yard setbacks. If approved, the following condition should be required: The development shall substantially adhere to the submitted site plan and the architectural elevations with changes recommended by the Old Beach Advisory Group.

13 PREPARED BY: CHRIS LANGASTER Case #D-1 C & C Development Co DESCRIPTION OF REQUEST: requests a variance to a 28 foot front yard setback instead of 30 feet as required and to an 8.5 foot rear yard setback (North side) instead of 20 feet as required (Proposed Single Family Dwelling) and to a 5.5 foot rear yard setback (North side) instead of 10 feet as required (Proposed Generator) th Street Lot 236ASubdivision Lynnhaven District #5 GPIN: ZONING: R-7.5, RPA YEAR BUILT: new construction AICUZ: noise zone less than 65dB DNL City Council Action: On October 11, 2011 a subdivision variance was granted for to allow 2 lots that do not conform to the minimum lot dimensional requirements. BOARD OF ZONING APPEALS HISTORY: On March 7, 2012, a request to a 28 foot front yard setback instead of 30 feet as required and to an 8.5 foot rear yard setback (North side) instead of 20 feet as required for a proposed singlefamily dwelling and to a 5.5 foot rear yard setback (north side) instead of 10 feet as required for a proposed generator was Deferred with a new fee. The applicant requested a deferral in order to allow time to have the lot recorded. CHESAPEAKE BAY PRESERVATION AREA BOARD ACTION: On August 22, 2011 a variance was Granted with conditions or a single-family and associated improvements. SUMMARY OF PROPOSAL: The applicant is proposing to construct a two-story single-family dwelling 28-foot from the front property line and 8.5-foot from the rear property line, instead of 20-feet each as required. Additionally, the applicant is seeking a variance to a 5.5-foot rear yard setback, instead of 10-feet as required for a proposed 20kW Generac Guardian series standby generator. This lot was recently created when a subdivision plat was recorded combining ten (5) nonconforming lots into two (2) lots. As noted above, a subdivision variance was required to create these (2) lots because the lots do not meet the minimum lot dimensions required for this zoning district. A single-family dwelling was situated on 2 of the 5 has since been demolished. This lot is impacted by the Chesapeake Bay Preservation Act requirements and it is substandard in respects to the minimum lot dimensional requirements. Though two lots could have created by right with lessen the nonconformity of the previous 5 lots, a subdivision variance was obtained to configure the lots to better accommodate the proposed dwellings. At a distance of 23-feet during normal operation, the proposed generator will produce sound outputs of 66dB and 60dB when operating in low speed exercise mode. The proposed dwelling on the adjoining lot to the north will be setback 25-feet for the property line where the lot adjoins. The proposed generator will be installed approximately 35-feet from the adjacent dwelling. Therefore, this request is not expected to create a detriment or adversely impact the adjoining property owners.

14 If approved, the following conditions are recommended: 1. The proposed single-family dwelling shall be constructed in substantial adherence to the submitted plan and building elevation. 2. The 20kW Generac Guardian series standby generator shall be installed as depicted on the submitted site plan and manufacturer specifications. 3. The generator shall only be operated during emergency power outages and in exercise mode during scheduled maintenance and unkept as recommended by the manufacturer.

15 PREPARED BY: CHRIS LANGASTER Case #R-1 Dr. Anup Gokli DESCRIPTION OF REQUEST: requests a variance to a 13.5 foot setback for side yard setbacks adjacent to a street (Molly Cooper Road) instead of 30 feet as required (Proposed 3 rd Story Deck/Trellis and Hot Tub) and to a 0 setback adjacent to a street (Molly Cooper Road) instead of 30 feet as required (Decking) 3384 Sandfiddler Road Lot I, Sandbridge Princess Anne District #7 GPIN: ZONING: R-7.5 YEAR BUILT: 1990 AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY: On December 6, 1989, a variance to a foot setback from the property line adjacent to (Molly Cooper Road) a street instead of 30-feet as required was Granted for a two-story single-family dwelling. (Note: A 14.5 x 20 one-story deck was shown on the south east corner of the dwelling on the site plan submitted with the application) On March 7, 2012 a variance to a 13.5 foot setback for side yard setbacks adjacent to a street (Molly Cooper Road) instead of 30 feet as required was Denied for a proposed deck. * This request was subsequently appealed to the Circuit Court and remanded back to the BZA. SUMMARY OF PROPOSAL: On June 25, 2012, the above request was remanded back to the Board of Zoning Appeals. Staff comments remain the same from the March 7, 2012 hearing. SUMMARY OF PROPOSAL(March 7, 2012): The applicant would like to retain a recently constructed 14.5 x 13 second-story deck and attached 14.5 x 5 trellis located on the south east corner of an existing two-story single-family dwelling. The deck and trellis is presently 13.5-foot from the property line adjacent to Molly Cooper Road (unimproved) right-of-way, instead of 30-feet as required when adjacent to a street. The proposed deck is constructed above an existing one-story deck and squares off the south east corner of the dwelling. The deck aligns with the existing dwelling, where it parallels with the Molly Cooper Road and the Atlantic Ocean; however, the trellis extends 5-feet towards the rear property line aligning it with the existing first story deck. No building permits have been obtained for either the new decking or the modifications made to the existing one-story decking. The representative stated that an engineer recommended modifications to be made to the support members of the existing one-story deck to improve the structural integrity. It was further acknowledged neither the representative nor the engineer were aware a building permit was required for the improvements made. Though staff strongly opposes beginning any improvements without consulting with the appropriate city agencies prior to commencing with construction, the deck appears to be well constructed and it aligns with the first-story deck. Therefore, the present setback will not be increased with this proposal and is not expected to create a detriment to the adjoining property owners.

16 If approved, the following conditions are recommended: 1. The variance shall only be for the life of the decking and trellis. 2. The decking and trellis shall be completed in substantial adherence to the submitted site plan. 3. No portion(s) of the decking and/or trellis (existing & new) within the required setback shall be expanded without further consideration from the Board of Zoning Appeals. 4. An after the fact building permit(s) for all applicable improvements shall be obtained within 5 business days of this hearing date.

17 Case #A-1 Mills Robinson Jr & Kristen Robinson DESCRIPTION OF REQUEST: request an appeal of the Zoning Administrator s designee s letter dated May 11, 2012 pertaining to the use of property at th Street th Street Address Subdivision Beach District #6 GPIN: ZONING: RT-3