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16 City of Chesapeake, Virginia August 25, 2017 Parcel Number: Property Address: Parcel Class: 2010 Parcel Class Description: 357 GREAT BRIDGE BLVD CHESAPEAKE, RESIDENTIAL - SINGLE FAMILY Summary Property Owner CHESAPEAKE LAND DEVELOPMENT LLC Owner Address Address 6062 INDIAN RIVER RD #104 VIRGINIA BEACH, VA Zoning Acreage Legal Description R15S: Residential GT BRIDGE BLVD.527AC Site Information Neighborhood Number WA072 Neighborhood Description WHOLE MAP 036 BOROUGHDESC: WASHINGTON Building Name Frontage Length Other Dimensions XIRRG Land Use Participant No Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value 7/1/ $80,000 $67,800 $147,800 7/1/ $80,000 $67,800 $147,800 7/1/ $80,000 $67,800 $147,800 7/1/ $80,000 $64,100 $144,100 7/1/ $75,000 $64,100 $139,100 7/1/ $80,000 $64,100 $144,100 7/1/ $90,000 $64,100 $154,100 7/1/ $90,000 $64,100 $154,100 7/1/ $105,000 $67,400 $172,400 7/1/ $105,000 $69,600 $174,600 7/1/ $105,000 $68,900 $173,900 7/1/ $90,000 $54,400 $144,400 7/1/ $70,000 $49,200 $119,200 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page CHESAPEAKE LAND DEVELOPMENT LLC SCOTT MARY K 7/7/2014 $79, SCOTT MARY K JEYS KIRK DOUGLAS & CAROL JEAN 6/5/2001 $79, JEYS KIRK DOUGLAS & CAROL JEAN SAWYER ETTA H EST 10/7/1981 $23, SAWYER ETTA H EST BLISS ETTA SAWYER HART 1/1/1981 $ BLISS ETTA SAWYER HART 5/16/1963 $ Neighborhood Sales Information Parcel ID Property Address Seller Name Buyer Name Sale Date Sale amount Neighborhood FERNWOOD FARMS RD TWINE LUTHER JAMES III FEDERAL NATIONAL MORTGAGE ASSOCIATION LIBERTYVILLE RD JOHNSTON LISA G & JENNIFER 7/26/2017 $114,100 WA072 RAMNARINE GERARD C 7/18/2017 $105,000 WA072 DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

17 City of Chesapeake, Virginia August 28, 2017 Parcel Number: Property Address: Parcel Class: 2010 Parcel Class Description: 361 GREAT BRIDGE BLVD CHESAPEAKE, RESIDENTIAL - SINGLE FAMILY Summary Property Owner CHESAPEAKE LAND DEVELOPMENT LLC Owner Address Address 6062 INDIAN RIVER RD #104 VIRGINIA BEACH, VA Zoning Acreage Legal Description R15S: Residential PART PARCEL A C S CUTHERILL PROP 1.858AC Site Information Neighborhood Number WA072 Neighborhood Description WHOLE MAP 036 BOROUGHDESC: WASHINGTON Building Name Frontage Length Other Dimensions XIRRG Land Use Participant No Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value 7/1/ $93,600 $45,400 $139,000 7/1/ $93,600 $45,400 $139,000 7/1/ $93,600 $45,400 $139,000 7/1/ $93,600 $43,300 $136,900 7/1/ $111,500 $43,000 $154,500 7/1/ $117,100 $41,000 $158,100 7/1/ $126,300 $41,000 $167,300 7/1/ $126,300 $41,000 $167,300 7/1/ $135,800 $43,000 $178,800 7/1/ $135,800 $43,000 $178,800 7/1/ $135,800 $42,600 $178,400 7/1/ $120,800 $35,800 $156,600 7/1/ $92,900 $32,600 $125,500 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page CHESAPEAKE LAND DEVELOPMENT LLC SCOTT MARY K 7/7/2014 $181, SCOTT MARY K SCOTT MARY K & JOHN P 9/21/2007 $ SCOTT MARY K & JOHN P JOHNS DAVID 1/24/2002 $67, JOHNS DAVID HAMMER CLYDE E & NONA L 2/27/1992 $75, HAMMER CLYDE E & NONA L HIGGINBOTHAM M C & MAHALA 12/28/1961 $ HIGGINBOTHAM M C & MAHALA 1/1/1901 $ Neighborhood Sales Information Parcel ID Property Address Seller Name Buyer Name Sale Date Sale amount Neighborhood FERNWOOD FARMS RD TWINE LUTHER JAMES III FEDERAL NATIONAL MORTGAGE ASSOCIATION 7/26/2017 $114,100 WA072 DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

18 City of Chesapeake, Virginia August 28, 2017 Parcel Number: Property Address: Parcel Class: 2010 Parcel Class Description: 373 GREAT BRIDGE BLVD CHESAPEAKE, RESIDENTIAL - SINGLE FAMILY Summary Property Owner CHESAPEAKE LAND DEVELOPMENT LLC Owner Address Address 6062 INDIAN RIVER RD #104 VIRGINIA BEACH, VA Zoning Acreage Legal Description R15S: Residential PT GT BRIDGE BLVD 1.876AC Site Information Neighborhood Number WA072 Neighborhood Description WHOLE MAP 036 BOROUGHDESC: WASHINGTON Building Name Frontage Length Other Dimensions XIRRG Land Use Participant No Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value 7/1/ $93,800 $69,500 $163,300 7/1/ $93,800 $69,500 $163,300 7/1/ $93,800 $69,500 $163,300 7/1/ $93,800 $66,200 $160,000 7/1/ $112,600 $66,200 $178,800 7/1/ $118,200 $66,200 $184,400 7/1/ $127,600 $66,200 $193,800 7/1/ $127,600 $66,200 $193,800 7/1/ $137,100 $67,600 $204,700 7/1/ $137,100 $67,600 $204,700 7/1/ $137,100 $67,000 $204,100 7/1/ $121,900 $55,200 $177,100 7/1/ $93,800 $50,200 $144,000 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page CHESAPEAKE LAND DEVELOPMENT LLC TYE THOMAS M & JULIA D 8/7/2009 $ TYE THOMAS M & JULIA D MELSON ETHEL A 9/1/1988 $91, MELSON ETHEL A MELSON JULLIAN R 2/24/1988 $ W MELSON JULLIAN R 1/1/1988 $ Neighborhood Sales Information Parcel ID Property Address Seller Name Buyer Name Sale Date Sale amount Neighborhood FERNWOOD FARMS RD TWINE LUTHER JAMES III FEDERAL NATIONAL MORTGAGE ASSOCIATION LIBERTYVILLE RD JOHNSTON LISA G & JENNIFER 7/26/2017 $114,100 WA072 RAMNARINE GERARD C 7/18/2017 $105,000 WA LIBERTYVILLE RD PMT NPL FINANCING FRANCAVILLA THOMAS R 5/11/2017 $67,000 WA072 DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

19 Staff Report TO: FROM: RE: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA Application # ZON-BZA Hearing Date: September 28, 2017 Application # ZON-BZA Kimley Horn Jeremy Yee, POA for Chesapeake Land Development, LLC, property owner, 357, 361 & 373 Great Bridge Blvd, requesting variances from Sections A & A of the Chesapeake Zoning Ordinance for a fence height increase from 4 feet to 6 feet in a proposed established front yard and freestanding sign setback reduction from 15 feet to 10 feet. The property is further identified as 357, 361 & 373 Great Bridge Blvd, GT BRIDGE BLVD.527AC, PART PARCEL A C S CUTHERILL PROP 1.858AC, PT GT BRIDGE BLVD 1.876AC; Real Estate Parcel Nos , , ; Zoning Classification: R-15S, residential / Proposed O I, office & institutional (PLN-REZ & PLN-USE Chesapeake Alzheimer s Special Care Center.) Background Information: The applicant is proposing to consolidate 3 lots into one lot for a 1 story 66 bed Alzheimer Special Care Center with a 6-foot tall fence proposed to be located in the established front yard adjacent to Great Bridge Boulevard instead of 4 feet as required. The applicant is also requesting to install a freestanding sign within 10 feet of a proposed right-of-way dedication for Great Bridge Boulevard instead of 15 feet as required. The applicant was advised of financial responsibility for advertising costs. This application was advertised in the Chesapeake Clipper section of the Virginian Pilot Newspaper and adjacent property owners were mailed notice of this request in accordance with Section of the Code of Virginia. A public notice sign was provided to the applicant to post on the property pursuant to the requirements of Section E of the Chesapeake Zoning Ordinance. Staff Analysis and Recommendation: Sections A & B of the Chesapeake Zoning Ordinance and Section of the Code of Virginia require certain standards be met for the Board of Zoning Appeals to grant a variance. These standards are listed at the end of this report as an excerpt from Section A & B of the Zoning Ordinance. 1

20 To approve the variance the Board must find, conditioned upon the applicant having acquired the property in good faith, that the applicant s situation is unique due to the particular physical surroundings, size, shape, topographical condition or other extraordinary situation and not shared by other properties in the same zoning district and vicinity, that the denial of the variance would result in undue hardship rather than an inconvenience, that the character of the district would not be changed as a result of the granting of the variance, and that the situation is not such of a general nature that would require a text amendment to the Zoning Ordinance to achieve compliance. The variance application and background information provided by the applicant does not meet all of the criteria needed for the granting of a variance as the applicant has not shown that the denial of the variance would effectively prohibit or otherwise unreasonably restrict the current use of the property. Although the placement of the fence and sign will not hinder traffic visibility due to the distance away from the existing pavement there are future right-of-way improvements proposed and it is not one that would qualify the applicant for the granting of a variance by the BZA. Staff believes the granting of a variance in this case would alleviate an inconvenience rather than a hardship as a re-design of the site could allow for the placement of the fence and sign in a compliant location and therefore not require the variances. Therefore, staff recommends denial of the applicant s variance request. EXCERPTS FROM CHESAPEAKE ZONING ORDINANCE Fences, walls and hedges on business, office and institutional, assembly district property and multi-family district property; height limitations. A. In general. Except as provided for below, all fences, walls and hedges located on any property located in a business, office and institutional, assembly or multi-family district zoning district classification shall be subject to the following height limitations: 1. Established front yard: a. Fences and walls, a maximum of four (4) feet in height. b. Hedges, a maximum of six (6) feet in height. 2. along or behind the interior edge of the established front yard, a maximum of six (6) feet in height General requirements. General requirements apply to all signs and are in addition to the regulations contained elsewhere in this ordinance. Table of basic design elements. A table of basic design elements for signs is hereby attached to and made a part of this ordinance. Any sign which is erected, displayed or structurally altered or reconstructed shall be in conformance with the applicable provision of the table of basic design elements, except as otherwise specified elsewhere in this ordinance. However, when only a sign graphic is altered, only the new graphic shall be required to conform to the requirements for sign graphics in this ordinance. TABLE OF BASIC DESIGN ELEMENTS BUSINESS, ASSEMBLY CENTER, OFFICE & INSTITUTIONAL & INDUSTRIAL ZONES 2

21 Sign Type Wall Sign Freestanding Sign Required Permit Directional [Refer: Sec (I)(12)] 4 square feet 4 square feet height: 4 feet Commercial/Industrial Centers or Parks [Refer: Sec (A) & (H)] 2 acres or less 1 square foot per 1 linear foot of bldg. frontage More than 2 acres up to but less than 5 acres (optional signing may use #1 in lieu of #2) *5 acres or more (optional signing may use either #1 or #2 in lieu of #3) 1 square foot per 1 linear foot 1 square foot per 1 linear foot Maximum size: 64 square feet Maximum height: 12 feet 96 square feet Maximum height: 12 feet 125 square feet Maximum height: 16 feet *Directory sign N/A 16 square feet Maximum height: 6 feet Directional sign [Refer: Sec (H)(1)] N/A 64 square feet height: 12 feet No Yes Yes Yes Setback 5 ft. from street right-of-way 15 ft. from street right-of-way 35 ft. from street right-of-way 50 ft. from street right-of-way Note: Individual establishments with a commercial/industrial center or park shall have no individual freestanding signing Real Estate (Tract) [Refer: Sec (C)] N/A 120 square feet height: 8 feet Yes No N/A 15 ft. from street right-of-way 3

22 Real Estate (Lot) [Refer: Sec (C)] 32 square feet height: 8 feet No 15 ft. from street right-of-way Development & Construction [Refer: Sec (D)] Future site signs N/A 64 square feet height: 8 feet Construction signs N/A See section (D)(2)(c) Public Service Special Events [Refer: Sec (H)(a)] Business Establishment Identification Sign 32 square feet 2 acres or less 1 square foot per 1 linear foot of bldg. frontage More than 2 acres up to but less than 5 acres 1 square foot per 1 linear foot 5 acres or more 1 square foot per 1 linear foot Temporary Signs [Refer: Sec (H)] 32 square feet 64 square feet height: 12 feet 96 square feet height: 12 feet 125 square feet height: 16 feet No No Yes 15 ft. from existing street right-ofway 25 ft. from edge of street pavement 15 ft. from street right-of-way 35 ft. from street right-of-way 50 ft. from street right-of-way 4

23 Note: This chart does not provide an exhaustive list of the standards for signs under this ordinance. Consult the text of the ordinance for all applicable standards Standards for variances General standards; the Board of zoning appeals (BZA) shall authorize a variance from the terms of this ordinance only when such authorization will not be contrary to the public interests and when, owing to special conditions, a literal enforcement of the provisions of this ordinance would unreasonably restrict the utilization of the property, provided that the spirit of the ordinance shall be observed and substantial justice done. Action and specific findings required; the BZA shall either: approve, deny or approve with conditions the request for a variance. A "Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and 1. the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; 2. the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; 3. the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; 4. the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and 5. the relief or remedy sought by the variance application is not available through a special exception process at the time of the filing of the variance application. END OF REPORT 5

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