GLOUCESTER COUNTY ZONING ADMINISTRATOR S WRITTEN FINDINGS IN COMPLIANCE WITH SECTION OF THE GLOUCESTER COUNTY ZONING ORDINANCE

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GLOUCESTER COUNTY ZONING ADMINISTRATOR S WRITTEN FINDINGS IN COMPLIANCE WITH SECTION 14-12 OF THE GLOUCESTER COUNTY ZONING ORDINANCE VARIANCE APPLICATION V-18-02 TAX MAP PARCEL 51-272A Pursuant to

1 GLOUCESTER COUNTY ZONING ADMINISTRATOR S WRITTEN FINDINGS IN COMPLIANCE WITH SECTION OF THE GLOUCESTER COUNTY ZONING ORDINANCE VARIANCE APPLICATION V TAX MAP PARCEL A Pursuant to Section Variances, of the Gloucester County Zoning Ordinance, the Zoning Administrator of Gloucester County does hereby find, after consideration of the evidence presented by the applicant, pending public notice and comment, and relying on direct knowledge of the property issues at hand, adequate evidence exists that: 1. Strict application of the ordinance would produce undue hardship: The existing house is located on a 0.64 acre lot at 8238 Blue Crab Lane, which is a private road on the south side of Little England Road that serves five (5) lots fronting on the York River. The property is zoned Single Family Residential (SF-I) which, when adopted in 1984, required a minimum lot size of 30,000 square feet for lots not served by public water and sewer, a 100-foot lot width, a 30-foot front yard setback, a 30-foot rear yard setback, and a 15-foot setback for the side yards. The original house was built in 1955 prior to the adoption of any subdivision or zoning regulations. The existing lot and structure are legally nonconforming, meaning that they existed (legally) prior to the current regulations being adopted. The house does not meet the required 15-foot side yards on the east or west side property lines, but conforms to the front and rear setbacks, as well as the Chesapeake Bay Preservation Ordinance (CBPO) requirement that all structures be located outside the 100-foot Resource Protection Area (RPA) which extends from mean high water (MHW) along the York River to the rear of the house. The current owner purchased the property in July They are requesting a 6.4 foot variance from the east and west side yard setback requirements for the principal structure. Strict application of the ordinance would require that any addition to the house beyond the current, existing front and rear yards would have to be 15 feet from the side property lines rather than follow the existing lines of the house using the current established side yards which are approximately eight (8) and one-half feet. Due to the narrowness of the lot, the location of the existing garage and drainfield, and the presence of the RPA, compliance with the required side yard setbacks would require either a second story or a long, linear addition to increase the size of the house. As part of the application for a variance, the applicant indicated that the reconstruction of the home was to make it more accessible to the occupants, one of whom requires the use of an electric cart. Either option for compliance would make the house less Page lof 2

2 conducive to accessible access and functional mobility. The proposed design of the house, using the current 8.6 and 8.8 side yard setbacks and using the existing building footprint (but extending into the front yard) would allow for a smaller overall one-story footprint and a more functional design without impacting other features on the property. 2. Such hardship is not shared by other properties in the same zoning district and same vicinity: While the other lots along Little England Road and Blue Crab Lane are zoned SF-I, and several have nonconformities, this lot is one of the narrowest on the road and much narrower than most of the surrounding lots in the vicinity. The inability to expand in alignment with the existing house does not appear to be a hardship shared by the majority of properties in the SF-I district and in the vicinity of the subject property - which also includes some much larger, fullyconforming lots. 3. The variance will not be of substantial detriment to adjacent property and will not change the character of the zoning district: The proposed addition will not encroach any further into the side yard setbacks than the existing house, and will be limited to the existing footprint plus an additional approximately 23 feet along the west property line and 45 feet along the east property line toward the front yard setback - which will not impact any of the adjacent properties or their views of the York River. The addition should not be a substantial detriment to adjacent property, and is consistent with the existing character of the lot, neighborhood, and Single Family (SF-I) zoning district. ~ - Zoning Adr~i nistrator Date The variance is hereby granted this date. Zoning Administrator Date Page 2 of 2

3 Gloucester County Board of Zoning Appeals APPLICATION FOR VARIANCE V- 1% -D~ Z() I~O~Ck~2tO APPLICANT INFORMATION: Applicant Name: L%q L7~z? ~A. ix~1~ 7, -? /tk~. ~- = Mailing Address.. ~ ;I-c~& ~2A1) ~ ZA).,.~ Phone:~9y ~ z~ ~ Address:2? -A ~t ~X PROPERTY INFORMATION: E911 Address:?~2~3~ 13L~.L-~G ~ ~ *y ~ ~3~ 7Z Tax Map/Parcel #: 5/ ~72S A~ Magisterial District: Zoning District: SF Property Owner Name:4)~q~.j~ç ~ ~ /rr~.t~ )<,,~y &~ ~tz MaffingAddress:~.3~ &oz rr~ber~ JJJ) M*~y&s ~~7z Phone: ~ oq ~3Z ~3~ Address: ;:c~.-ak,,~ ~ ec )c. JET Variance Requested: (Check items that apply) 1._~_Variance from Property Line Setback Requirement (Example: If a 100 ft. rear setback is required and actual distance to property line from structure will be 40 feet, applicant needs to request a 60-foot variance from rear setback.) ~,, f ft. variance from side yard setback (North, South,(~~~~t ft. variance from rear yard setback ft. variance from front yard setback 2. Variance from Required Lot Size Actual Lot Size acres Required Lot Size acres 3. Variance from Parking Requirements Spaces provided Spaces required 4. Variance from Height Requirements Maximum height of building ft. Requested height of building ft. 5. Other Explain

4 Gloucester County Board ofzoning Appea& Application for Variance Rev. Nov 2015 Page 2 NARRATIVE STATEMENT - Explanation of variance being requested: The narrative statement shall demonstrate that the requested variance conforms to all of the following standards: a. 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. b. 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. c. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. d. 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. e. 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. f. The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance. Please attach separate page(s) if more space is needed

5 VARIANCE REQUEST TAX MAP 51 PARCEL 272A WALTER RANDOLPH NORWOOD AND BRENDA KIRBY NORWOOD We are requesting a variance to the required 15 setback from the property side lines. We feel the facts below are relevant to this request. Hardships and Challenges Narrow lot (75 wide) Current home was built in 1955 (not handicap friendly) Brenda Norwood is permanently handicapped (COPD and arthritis) Brenda Norwood is restricted to single-floor-living and uses an electric cart to move through the home According to the builder, Tabb Bridges, narrowing the new structure to conform to 15 setback will impede handicap access Other Notable Facts The property was purchased in July of 2014 The purposed structure will encroach no further into the side yard setback than the existing structure (approximately 8.6 ) The variance will not be of substantial determent to adjacent properties The existing structure and the purposed new structure conforms to all other setbacks The new structure will not encroach the 100 RPA Buffer We have a permit from the county to relocate and update the existing septic system There is room in the garage to accommodate a wheelchair ramp The adjacent property owners have been contacted and do not object to the new structure as requested in the application This is the narrowest lot in the subdivision. The lot to the east is 100 wide and the lot to the west is >150 wide

6 Gloucester county Board ofzoning Appeals Application for Variance Rev. Nov 2015 Page 3 List the names and addresses of owners or occupants of all abutting property and property inunediately across the street, road or highway. Addresses should coincide with those in the Commissioner of the Revenue Property Records. (Please Print) Name ~Dfl~F21.LL )sf~~0 ~ Mailing Address 9~2-z9: l~ll~i~ c~rar~ ~-~-I--~--~ -.. -~-~.- -- t~..x - - Tax MaplParcel# ci- ~z Vi~?R&~-. S S I - 2~73,~5)-2.71 ~. PRIVACY ACT STATEMENT: Information provided in this application will be used in the application review process and is a matter of public record once the application is filed. CERTIFICATION: I agree to allow the members and representatives of the Board of Zoning Appeals and duly authorized personnel of Gloucester County to enter upon said premises at reasonable times to inspect and/or photograph site conditions for review of this application. In addition, I certify under penalty of law that this document and all attachments were prepared by myself or under my direction or supervision and the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. NOTICE: If the property owner(s) does itot sign this application (below,), written notice will be given to the property owner(s) within 10 days of the receipt of this application as required by Virginia Code ~ Applicant rint):~~)~ltt~. ~~&p~tf ~ Applicant (signatt~~ Property Owner (print):~a~rc~i~ RAAt~!X&rh~ A/c i~,~- p Property Owner (signat ~ Date.9-7- / ~ Date: ~- 7 / ~ Property Owner (print): 2~4&A-},D 4 ki i~ i3~ AJc r~.l4)~ 4r) Property Owner (signature): )~c/f~ o~tfjt1 Date: O~ 7

7 Gloucester County Board ofzoning Appeals Application for Variance Rev. Nov 2015 Page 4 NOTE: A completed Conflict of Interest Form must be submitted for each applicant and each property owner. Applications for variances may be made by any property owner, tenant, government official, department, board, or bureau. Such applications shall be made to the Zoning Administrator, who shall promptly transmit the application and accompanying maps, plans, and/or other information to the Secretary of the BZA who shall in turn place the matter on the Board s docket. The Zoning Administrator shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the BZ4 or appear as a party at the hearing Within sixty (60) days of receipt of a completed application for a variance, and after public notice as required by p of the Code of Virginia, the BZA shall hold apublic hearing on the application for variance. Within thirty (30) days after the required public hearing, the BZA shall either approve or deny the applicationfor variance. SUBMiT APPLICATION TO: Gloucester County Department of Planning & Zoning County Office Building Two, 6489 Main Street, P0 Box 329, Gloucester VA (804) FOR STAFF USE ONLY: Case Number: Date Application Received: Fee Received: Receipt Number: Application Received By:

8 Conflict of Interest Statement In accordance with~$ection of the Gloucester County Zoning Ordinance, I certify that my application for P variance, zoning appeal, or special exception is subject to the following: Does any member of the Planning Commission, Board of Zoning Appeals, Historic Landmarks Commission, or governing body (Board of Supervisors) have any interest in the property which is the subject of this application/petition, either individually, or by ownership of stock in a corporation owning such land or partnership? Yes No Does a member of the immediate household of any member of the Planning Commission, Board of Zoning Appeals, Historic Landmarks Commission, or governing body (Board of Supervisors) have any interest in the property which is the subject of this application/petition? Yes No If yes to either question above, please state: Person s name: Member of: Nature of their interest: I, ~}r~ ~ i,z ~,hereby certify that the information contained in this conflict of interest statement is true and correct to the best of my knowledge. -/ (Signat~~ Date CITY/COUNTY OF COMMONWEALTH OF VIRGINIA The foregoing instrument was subscribed and sworn before me this day of 2O±~by ~ /Zi cvl Nota Pub ic (Seal) Not Registration mber: ~ 7 D I My c mission ex 5: ~- i_ow

9 Conflict of Interest Statement In accordance with ~ction of the Gloucester County Zoning Ordinance, I certify that my application for -~variance, zoning appeal, or special exception is subject to the following: Does any member of the Planning Commission, Board of Zoning Appeals, Historic Landmarks Commission, or governing body (Board of Supervisors) have any interest in the property which is the subject of this application/petition, either individually, or by ownership of stock in a corporation owning such land or partnership? Yes No Does a member of the immediate household of any member of the Planning Commission, Board of Zoning Appeals, Historic Landmarks Commission, or governing body (Board of Supervisors) have any interest in the property which is the subject of this application/petition? Yes No If yes to either question above, please state: Person s name: Member of: Nature of their interest: I, ~-~PA.,k;,~ ~,r~,hereby certify that the information contained in this conflict of interest statement is true and correct to the best of my knowledge. ~ - / (Signature) Date e CITY/COUNTY OF COMMONWEALTH OF VIRGINIA The foregoing instrument was subscribed and sworn before me this ~, day of 2O~~by 13 v~,i 1 ~ /JOv~Jooc) N tary Regist tion Number: 1 ) o 7 ~t My mission expires: Di. 3o-1A?~ (Seal)

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V-11354-18-VA-2: Meeting of April 16, 2018 DATE: April 13, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Roger Ramia of Rush