Case #1 Poseidon Beach Condo Assoc April 1, 2015

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1 PREPARED BY: CHRIS LANGASTER Case #1 Poseidon Beach Condo Assoc DESCRIPTION OF REQUEST: requests a variance to a 5 foot front yard setback (Southeast) instead of 30 feet as required for an existing fence and columns over 4 feet in height LOCATION: Evangelines Way Lynnhaven District #5 GPIN: ZONING: B-4(SD) YEAR BUILT: under construction AICUZ: noise less than 65dB DNL REPRESENTATIVE: Louis Paulson CITY COUNCIL ACTION: On September 11, 2007 a conditional use permit was Granted for multi-family dwellings. SUMMARY OF PROPOSAL: The applicant hopes to retain a recently installed 5-foot wrought style aluminum fence presently installed 5-feet from the property line adjacent to Page Avenue, instead of 30-feet as required. This fence/ decorative wall is currently installed around the premier of the multi-family complex. As mentioned above, a CUP was granted for this multi-family condominium development. However, the fence was not depicted on any of the submitted site plans or building elevations. Therefore, this variance request is necessary to retain the fence as it currently exists. CONSIDERATIONS: The decorative fence is aesthetically pleasing and it will provide a level security for the property owners of this condominium development A fence permit was not obtained prior to installing the fence nor was it depicted on the plans submitted for approval during the conditional use permit process The fence is not expected to create a traffic obstruction and it adds to the overall appearance development

2 RECOMMENDED CONDITION: 1. Category I Landscaping shall be installed along the entire fence (expect gate) where it is parallel with Page Avenue. The landscaping may be installed on the outside (street side) or interior of the fence. The existing plant materials installed in front (outside) of the fence may count towards fulfilling the Category I Landscape requirement; provided it meets or exceeds the plant material criteria specified for Category I screening. In addition, the landscaping should be installed, where possible, in efforts of screening the existing utility box located directly adjacent to the fence.

3 PREPARED BY: CHRIS LANGASTER Case #2 AIM Development, LLC DESCRIPTION OF REQUEST: requests a variance to a 15 foot side yard setback adjacent to a street (Lampl Avenue) instead of 30 feet as required for a new roof structure; and to a 5.5 foot rear yard setback (West) instead of 10 feet as required and to a 4.6 foot side yard setback (North) instead of 5 feet as required for an existing detached garage LOCATION: 401 Cummings Road Lot 18, Birchwood Gardens Lynnhaven District #5 GPIN: ZONING: R-7.5, RMA Application Deferred to the May 6, 2015 Public Meeting

4 PREPARED BY: CHRIS LANGASTER Case #3 Randolph Roncevert DESCRIPTION OF REQUEST: requests a variance to a 21.8 foot side yard adjacent to a street (Hampshire Place) instead of 30 feet as required for a proposed building addition LOCATION: 5631 Caxton Court Lot 8, Lake Edward North Kempsville District #2 GPIN: ZONING: A-18, RMA YEAR BUILT: 1972 AICUZ: noise zone 65dB DNL REPRESENTATIVE: Rob Combs of Baja Heating and Cooling SUMMARY OF PROPOSAL: The applicant is proposing to construct a 18 x 14.1 one- story room addition 21.8-feet from the property line adjacent to Hampshire Place, instead of 30-feet as required. This room addition will be constructed on the southeast portion of an existing twostory townhouse unit. It will align with the existing townhouse unit where it is parallel with Hampshire Place; therefore it will maintain the same (21.8-foot) setback from Hampshire Place as the existing townhouse unit. According to the applicant, this one-story room addition is intended to provide the homeowner with a handicapped accessible master bedroom on the first floor of this two-story townhouse unit. CONSIDERATIONS: The proposed room addition will align with the existing townhouse unit as well as maintain the present setback from the property line adjacent to Hampshire Place. The proposed addition is not expected to create a detrimental to the adjoining property owners or surrounding community RECOMMNDED CONDITIONS: 1. The proposed one-story room addition will be constructed in substantial adherence to the submitted site plan and building elevations. 2. Building materials and colors compatible with the existing dwelling shall be used to construct the proposed room additions

5 PREPARED BY: KAREN LASLEY Case #4 Joshua Wilson DESCRIPTION OF REQUEST: requests a variance to a 2.51 foot side yard adjacent to a street (Seaview Avenue) instead of 20 feet as required for proposed multi-storied decking and stairs; and to a 15 foot side yard adjacent to a street (Seaview Avenue) instead of 20 feet as required for an existing dwelling; and to a 0 foot side yard adjacent to a street (Seaview Avenue) instead of 20 feet as required for an existing fence over 4 feet in height; and to 90.76% in impervious coverage instead of 60% as allowed; and to 50.26% in lot coverage instead of 35% as allowed; and to allow 1 onsite parking space instead of 2 as required LOCATION: 2541 Seaview Avenue Lot 20, Chesapeake Park Bayside District #4 GPIN: ZONING: R-5R(SD), RPA YEAR BUILT: 1980 AICUZ: Less than 65 db Ldn REPRESENTATIVE: Billy Garrington of Governmental Permitting Consultants SUMMARY OF PROPOSAL: The subject site is a waterfront lot on the Chesapeake Bay, platted in It is technically a corner site with frontage on Bayside Avenue, now located below the mean high water line and on Seaview Avenue, a dead end right-of-way that is partially paved and provides public beach access. A paved access easement exists along the rear lot line serving three other dwelling units adjacent to the west. The existing semi-detached home was constructed in approximately This portion of the Chesapeake Bay beach is retreating and the home has faced challenges. The applicant is renovating the dwelling and desires to replace the second and third story decks that existed previously. The former decks were anchored to the bulkhead which was destroyed in a Northeaster storm. The decks had to be removed in order to replace the bulkhead. The applicant also plans to add a wooden stairway to provide direct access from the lot to the beach and a new pervious paver parking area with a concrete apron off Seaview Drive. The site does not currently have a driveway. The plans have been approved by the Chesapeake Bay Preservation Area Board, with changes to minimize environmental impact. The changes are reflected on the plans submitted to the BZA.

6 Variances are being requested for the following existing conditions: 1. To a 15 side yard adjacent to Seaview Avenue, instead of 20 as required for the existing dwelling. 2. To a zero side yard setback adjacent to Seaview Avenue, instead of 20 as required for an existing fence over 4 tall. The existing 6 wooden privacy fence runs perpendicular to Seaview Avenue. 3. To allow 50.36% lot coverage, rather than the maximum 35% allowed. The following variances are needed to accommodate the proposed improvements: 1. To allow a 2.51 side yard setback adjacent to Seaview Avenue, instead of 20 as required for proposed multiple story decking and stairs. The applicant is asking to replace the former decks and has reduced the size by approximately 100 square feet. 2. To allow 90.76% impervious coverage, instead of the maximum 60% currently allowed. The applicant is minimizing new impervious cover by using porous pavers for the new parking area. Impervious cover is negatively impacted by the existing paved ingress/egress easement to others and by the fact that approximately half of the platted lot is under mean high water and no longer counts toward lot area. 3. To allow one on-site parking space, rather than two as required. The site does not currently have any on-site parking. Although the applicant is installing a good sized pervious parking area, the dimensions do not meet requirements and the portion under the proposed deck cannot technically count towards required parking. CONSIDERATIONS: The proposed improvements have been debated and approved by the CBPA Board. The previously existing decks were anchored to the bulkhead and had to be removed in order to replace the bulkhead which was destroyed in a Northeaster storm. The area of the decks has been reduced by 100 square feet. The high amount of impervious cover is at least partially caused by the fact that this lot now has only 3,064 square feet above mean high water and contains a paved ingress/egress easement that serves three units to the west. The applicant will minimize impact by installing porous pavement for the parking area. CONDITIONS: The improvements shall substantially adhere to the submitted site plans.

7 PREPARED BY: KAREN LASLEY Case #5 Virginia Aquarium & Marine Science Center DESCRIPTION OF REQUEST: requests a variance to allow 434 square feet of signage instead of 294 square feet and to permit 3 building signs instead of 2 as allowed by a variance granted on December 6, 2006; and to allow signs to be higher than 8 feet as permitted LOCATION: 717 General Booth Blvd Lot 2 Beach District #6 GPIN: ZONING: P-1 AICUZ: Greater than 75 db DNL REPRESENTATIVE: Steve McNaughton of Waller, Todd & Sadler Architects VARIANCE HISTORY: July 3, 2013 The Board of Zoning Appeals (BZA) approved a variance to allow a fence to be10 high, instead of the maximum 8 allowed. The fence screens large generators required by the Aquarium. December 6, 2006 The BZA approved a variance to allow 294 square feet in building sign area and to allow 2 building signs instead of 1 building sign as permitted. June 1, 1994 The BZA approved a variance to allow a 5 setback from General Booth Boulevard for a fence and to allow the fence to have a height of 6. September 1, 1993 The BZA approved a variance to allow a building to have an 18 front yard setback. SUMMARY OF PROPOSAL: The Virginia Aquarium and Marine Science Center is a unique site that is zoned P- 1 Preservation District; a district designed primarily for parks and open space areas. The P-1 District allows only one 12 square foot sign with a maximum height of 8 feet above ground level. The Aquarium is a large museum hosting 640,000 visitors annually and has very different sign requirements from a typical park site. At this time, the Aquarium is requesting a variance to allow a building sign for the

8 new National Geographic 3D Theater. The Aquarium Theater, originally built in 1996, has been recently renovated with a new digital sound system, more comfortable seating and new carpeting. The large format film has been replaced with digital technology. The silver screen was replaced with a giant white screen that accommodates a maximum projected image of 78 wide by 43 tall. It is the desire of the Aquarium to shift the two existing wall signs on the north side of the main museum building and add a new 135 square foot sign for the National Geographic 3D Theater. This will result in a total of 429 square feet of building signage. A color picture has been submitted showing the proposed signage. These wall signs will not be internally lit, but will be illuminated only by the existing building lights. All building signage will be located at the top of the Aquarium building, well above the 8 maximum sign height allowed in the P-1 Preservation District. CONSIDERATIONS: The intent of the P-1 Preservation District is to preserve lands of special environmental concern such as parklands, wilderness areas, open spaces, green belts, beach reserves, scenic areas, floodplains and wetlands. The Virginia Aquarium and Marine Science Center is a unique use in the P-1 Preservation District, requiring more signage than allowed. The maximum P-1 District sign height of 8 was intended to accommodate small, freestanding identification signs for open space areas. The need for building signage cannot be appropriately accommodated within this height restriction. The lot containing the main Aquarium building has over 3000 feet of frontage along General Booth Boulevard. The total square footage of signage proposed is in keeping with commercial district regulations. The submitted picture shows that the proposed signage will be proportional to the size and height of the Aquarium s main museum building. There are only 12 National Geographic theaters in the Nation and the National Geographic distinction brings national and international prominence to the Aquarium and the City of Virginia Beach. The theater currently has no identification on the building. CONDITIONS: If approved, the following condition should apply Building signs for the main Virginia Aquarium and Marine Science Center building shall substantially adhere to the submitted sign elevation and picture.

9 PREPARED BY: CHRIS LANGASTER Case #6 Donna Whitaker DESCRIPTION OF REQUEST: requests a variance to a 10 foot side yard setback adjacent to unimproved 48 th Street instead of 30 feet as required and to allow a maximum building height of feet instead of 35 feet as permitted and to 36% in lot coverage instead of 35% as allowed for a proposed single family dwelling LOCATION: 4712 Ocean Front Ave Lot 18, Beach District #6 GPIN: ZONING: R-7.5 YEAR BUILT: New construction AICUZ: noise zone 65-75dB DNL REPRESENTATIVE: Michael Culpepper SUMMARY OF PROPOSAL: The applicant is proposing to demolish an existing single-family dwelling presently located on two lots (Lots 17 & 18) with the intentions of developing single-family dwellings on each individual lot respectively. Variances are being sought (for Lot 18 only) to a 10-foot setback from the property line adjacent to a street (unimproved 48 th Street) instead of 30-feet as required; and to allow a maximum building height of feet instead of 35-feet as required; and to allow 36% in lot coverage instead of 35% in lot coverage as required for single-family dwelling. This lot was created in the late 1800 s and therefore is nonconforming in regards to minimum lot width (85 feet) required for corner lots in this zoning district. Measuring from lowest to highest points of the lot grading and within 6-feet of the proposed dwelling; the lot elevation changes approximately 7.93-feet.The applicant is seeking a height increase of 1.67-feet above the maximum building height allowed in this zoning district. Therefore, the height variance requested is significantly less than the lot elevation change on this lot. The proposed dwelling will be set back from the property line adjacent to 48 th Street essentially the same distance as the existing dwelling to be demolished. Consequently, the proposed dwelling will comply with both the front and rear yard setbacks, unlike the existing dwelling.

10 CONSIDERATIONS: The proposed dwelling will virtually maintain the setbacks of the existing dwelling with the exception of the front yard setback. The front yard will increase approximately 19-feet to meet the required 30-foot front yard setback It appears the proposed dwelling could be designed to comply with the maximum allowable lot coverage The building height requested is consistent with topography changes on the lot as measured from the lowest to highest points of the lot grading The lot is nonconforming in regards to the minimum lot width required in this zoning district The North Virginia Beach Civic League is opposed to the variance request to exceed the maximum allowable lot coverage; however, is not opposed to the remainder of the request. Opposition to this request has been expressed to staff by a nearby neighbor RECOMMENDED CONDITIONS: 1. The proposed three-story single-family dwelling shall be constructed in substantial adherence to the submitted building elevation and site plan. 2. The proposed dwelling shall comply with the maximum allowable lot coverage.

11 PREPARED BY: KEVIN KEMP Case #7 Pembroke Square Associates, LLC DESCRIPTION OF REQUEST: requests a variance to allow a 144 square foot freestanding tenant sign where only shopping center identification signs are allowed; and a 106 square feet of wall sign instead of 0 square feet as required LOCATION: 4554 Virginia Beach Blvd Bayside District #4 GPIN: ZONING: B-3, CBC, RMA/RPA YEAR BUILT: 1965 AICUZ: Less than 65 db DNL REPRESENTATIVE: Michael Nuckols of Faggert & Frieden, P.C. SUMMARY OF PROPOSAL: The applicant requests a variance to allow for a freestanding sign and wall sign in conjunction with a proposed indoor recreation facility within Pembroke Mall. On February 17, 2015, City Council approved a Conditional Use Permit for an approximately 50,000 square foot recreation and entertainment facility. The facility operates under the name Uptown Alley, and includes a bowling alley, billiard tables, arcade, retail prize store, dining and drinking facilities and a venue for live entertainment. The subject site is zoned both B-3 Central Business District and CBC Central Business Core District. The fact that there are two zoning districts is important in the evaluation of this request, as the sign regulations vary between the two districts. It is the desire of the applicant to install a large bowling pin structure on a pedestal adjacent to the primary entrance to the facility. According to Section of the Zoning Ordinance, this bowling pin structure is considered a sign: Sign. Any structure, display, device or other object or thing, including, but not limited to, any word, letter, series of words or letters, painting, mural, logo insignia, emblem, service mark or other graphic pictorial representation, which identifies or advertises, or directs or attracts

12 attention to, any product, merchandise, service, business or establishment, or which suggests the identity or nature of any business or establishment, or which invites or proposes a commercial transaction. The proposed bowling pin is located on the portion of the site that is zoned B-3. Section 905 (c) of the Zoning Ordinance allows for one freestanding center identification sign at each primary entrance to the site. The proposed freestanding sign is allocated to a single tenant and is not located at a primary entrance to the site; and therefore, a variance is required. The second request is for a wall sign to be placed on the south façade of the building, over an entrance to the mall area. The south façade of the Pembroke Mall faces Virginia Beach Boulevard. This portion of the site is located in the CBC zoning district. Section 2210 of the Zoning Ordinance allows wall signage identifying a business located within another building; however, the allowable amount of signage is based on the linear feet of wall occupied by the subject establishment that fronts a public street. As this entrance is to the mall, and not directly to the recreation facility, it does not have any frontage on the public street, and therefore a variance is needed for the proposed wall sign. CONSIDERATIONS: The site is unique in that it is located in both the B-3 Neighborhood Business District and the CBC Central Business Core District. On February 25, 2014 City Council adopted The Central Business Core District. When determining the boundaries of the new district, the northern portion of the Pembroke Mall property remained B-3 due to concerns raised from the adjacent residential property owners. As a result, the zoning line delineating the CBC zoning district is located through the middle of Pembroke Mall. The bowling pin structure is an important feature in the branding package for Uptown Alley, which is why the applicant is pursuing a variance. Initially, the applicant desired to have the structure on the roof of the mall; however, roof mounted signs are prohibited. The applicant has since worked extensively with Staff to modify the size and location of the bowling pin, reorienting it to a pedestal next to the entrance. The bowling pin structure will only be visible from Constitution Drive as one enters the property where the recreation facility is located. The bowling pin structure is one of several improvements that are being made to the entrance to the facility. The applicant also intends on adding column features, a large glass storefront and outdoor seating area. The wall sign located on the south façade of the mall will provide visibility from Virginia Beach Boulevard. The sign will be installed over an entrance to the mall; however, the applicant has indicated that this entrance will direct customers to the recreation facility and that the interior hallway will be bowling themed.

13 RECOMMENDED CONDITIONS: 1. When developed, the size and location of the bowling pin structure shall be in substantial conformance with the submitted drawing entitled PROPOSED ENTRANCE UPTOWN ALLEY, dated January 21, 2015 and prepared by Cox, Kliewer & Company, P.C. 2. When developed, the size and location of the wall sign shall be in substantial conformance with the submitted drawing entitled VIRGINIA BEACH BLVD> ENTRY UPTOWN ALLEY, dated August 26, 2014 and prepared by Cox, Kliewer & Company, P.C. 3. The design of the proposed wall sign may change based on the desires of the owners of the proposed recreation facility; however, the size of the wall sign shall not exceed that which is shown on the drawing identified in condition #2. (one-hundred forty-four (144) square feet)

14 PREPARED BY: KAREN LASLEY Case #8 Dr. Thomas Koerner & Mrs. Elizabeth Koerner And Michael Campbell DESCRIPTION OF REQUEST: request a variance to an 8.7 foot side yard setback (East) and to an 8.9 foot side yard setback (West) instead of 10 feet each as required and to a 9 foot rear yard setback (South) instead of 20 feet as required for an existing duplex; and to a 5.3 foot rear yard setback (South) instead of 20 feet as required for existing decking and steps; and to 64% in impervious coverage instead of 60% as allowed LOCATION: th Street, Units A & B Lot 11, Cape Henry Lynnhaven District #5 GPIN: ZONING: R-5R, RMA YEAR BUILT: Existing front unit was constructed in The existing rear unit was constructed in AICUZ: Less than 65 db Ldn REPRESENTATIVE: Eddie Bourdon of Sykes, Bourdon, Ahern & Levy SUMMARY OF PROPOSAL: Two dwelling units exist on this site connected by a long rectangular storage area. The home in front, adjacent to 78 th Street, was built in 1935 and the second unit was added in At this time, the owners of the front unit would like to demolish this older dwelling and rebuild. Redevelopment plans require the following variances: 1. To allow an 8.7 side yard setback on the East side and an 8.9 side yard setback on the West side, instead of 10 each as required for the existing nonconforming rear unit which is not being modified. When this unit was constructed in 1984, it conformed to the required 8 side yard setbacks. 2. To allow a 9 rear yard setback, instead of 20 as required for the existing rear unit which is not being modified. The rear yard setback for a duplex was 10 in It appears the structure was constructed slightly closer to the rear lot line.

15 3. To allow a 5.3 rear yard setback for an existing deck and steps, instead of 10 as required. Staff can find no evidence that a variance or building permit was obtained for these improvements. 4. To allow 64% impervious cover, instead of the maximum 60% as permitted. The existing improvements have a 76.7% impervious cover. Since there was not a maximum impervious cover requirement in 1984, the site is currently nonconforming for impervious cover. The applicants propose to remove 952 square feet of existing impervious cover from the site and an additional 417 square feet of impervious cover from the right-of-way, significantly improving the existing situation. The applicants have submitted an architectural rendering showing that the new home will be a two-story structure with grey vinyl siding and white trim in keeping with the adjoining unit. CONSIDERATIONS: It should be noted that the existing front unit has a nonconforming 2.2 side yard setback on the east side, rather than 10 as required. The proposed new home will meet the currently required 10 setback for both side yards. The existing front unit has a nonconforming 13.5 front yard setback. The proposed new home will meet the currently required 20 front yard setback. Although a variance to impervious cover is required for this redevelopment, the total amount of impervious cover is being reduced by 1,369 square feet. The setback variances advertised apply only to the existing 1984 rear unit, which will remain in place unchanged. CONDITIONS: 1. The connection between the two units must have a minimum of 100 square feet of heated and cooled space. 2. The variance to allow the existing deck and stairs on the rear unit to remain with a 5.3 rear yard is approved for the life of these improvements. Any replacement of these features must meet required setbacks or receive approval from the Board of Zoning Appeals. 3. The submitted site plan and architectural elevations shall be substantially adhered to.

16 Case #D-1 Lynnhaven Self Storage, LLC PREPARED BY: DESCRIPTION OF REQUEST: requests a variance to allow a freestanding sign on property with less than the required 100 feet of frontage; and to allow 149 square feet of signage instead of 109 feet as allowed LOCATION: 1553 Lynnhaven Parkway Lot CM-2-B Centerville District #1 GPIN: ZONING: PDH-1, RMA YEAR BUILT: Proposed new construction AICUZ: Less than 65 db Dnl REPRESENTATIVE: Lisa Murphy This request was deferred by the Board of Zoning Appeals on February 4, 2015 to allow the applicant time to finalize the size of proposed building signs. SUMMARY OF PROPOSAL: On February 14, 2014, City Council approved an amendment to the Green Run Land Use Plan to allow a three-story, 82,000 square foot, self-storage facility to be constructed on this site. The site plan and building are well designed and the applicant worked with adjoining home owners to provide an expanded buffer and other measures to improve compatibility. A subdivision variance was also approved by the City Council to allow this parcel to be subdivided with a lot width of 70, instead of the minimum 100 as required for a new lot in the B-2 Community Business District. Although the original parcel had sufficient right-of-way to create two legal parcels, the location of existing easements caused the need for the variance. The Zoning Ordinance requires a 100 lot width in order to qualify for a freestanding sign. A condition attached to the City Council approvals indicates that a freestanding sign will not be permitted for this property unless a variance is approved by the Board of Zoning Appeals. A variance is being requested to allow a freestanding sign for this commercial lot with 70 of frontage, rather than 100 as required. An attractive monument style sign is proposed with 20 square feet per sign face or 40 square feet total, with a

17 maximum height of 8. The base of the sign is well landscaped and will have a 10 front setback and a 7 side yard setback. A variance is also being requested to allow 149 square feet of signage total for the development, rather than the maximum of 109 square feet based on the amount of frontage that this commercial parcel has. Two building signs are proposed both on the front elevation. The main building sign contains 72 square feet and a smaller sign is also proposed with 37 square foot sign. Sign elevations show that the signs are well designed and proportional to the size of the building. CONSIDERATIONS: The intent of the Zoning Ordinance requirement of 100 of road frontage to qualify for a freestanding sign is to ensure that City roadways are not overly saturated with freestanding signs. The original parcel contained 2.51 acres and over 250 feet of road frontage, more than enough to create two parcels with at least 100 of road frontage and qualify for two freestanding signs. This parcel is short on frontage due to the configuration of easements. There will only be two freestanding signs along this 250 strip of commercial frontage. The proposed freestanding sign is reasonably sized and attractive with materials and colors to match the proposed building. The proposed building signs are coordinated with the freestanding sign and well suited to the size of the building. Total signage allowed is determined by the amount of street frontage. If this lot had the minimum 100 of street frontage, a total of 150 square feet of signage would be permitted. The proposed sign package is in keeping with standard commercial allowances. CONDITIONS: If approved, the following condition is recommended: 1. The freestanding sign and building signs shall substantially adhere to the submitted sign elevations.