Case #1 The Maurice M Newton Revocable Trust October 7, 2015

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1 Case #1 The Maurice M Newton Revocable Trust DESCRIPTION OF REQUEST: requests a variance to an 11 foot front yard setback (North) and to an 11 foot side yard adjacent to unimproved Woodlawn Avenue instead of 20 feet each as required for a proposed duplex LOCATION: 3995 & 3997 W. Stratford Road Lot 1, Ocean Park GPIN: ZONING: R-5R, RMA YEAR BUILT: New construction AICUZ: noise less than 65dB DNL REPRESENTATIVE: Joseph Pulley SUMMARY OF PROPOSAL: The applicant is proposing to construct a three-story duplex 11-feet from the (front) property line adjacent to W. Stratford Rd and 11-feet from the property line adjacent to (unimproved) Woodlawn Ave, instead of 20-feet each as required. This lot is presently unimproved and Woodland Ave is currently unimproved. Plans have been submitted to improve a portion W. Stratford Rd and install bollards at the W Stratford Rd and Woodlawn Ave intersection. This proposal will provide right-of-way access to the lot in questioned as well as the lot to the east presently under construction. The remaining portion Woodlawn Ave is not expected to ever be improved. CONSIDERATIONS: This lot is nonconforming in regards to the required lot area and lot width required for duplex development in this zoning district This lot is located at the end of W Stratford Rd and abuts (unimproved) Woodlawn Ave, which is not expected to be developed. Staff does not expect this request will have a detrimental impact of the adjoining property owners or surrounding community Maintaining a minimum 11-foot setback from the property line adjacent to Woodlawn Ave is consistent with the required (10 ) side yard setback in this zoning district when a side yard is not adjacent to a street A letter of opposition was received for this request. RECOMMENDED CONDITION: 1. The proposed three-story duplex shall be constructed in substantial adherence to the submitted building elevation and site plan.

2 Case #2 Stewart & Eileen Kahn/Anne Fleder DESCRIPTION OF REQUEST: request a variance to a 5.5 foot side yard setback (West) instead of 10 feet as required and to 73% impervious coverage instead of 60% as allowed for a proposed generator LOCATION: th Street, Units A & B Lot 9, GPIN: & ZONING: R-5R, RMA YEAR BUILT: 2005 AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Billy Garrington of Governmental Permitting Consultants SUMMARY OF PROPOSAL: The applicants wish to install a 22kW Generac standby home generator 5.5 feet from the west side property line instead of 10- feet as required and to allow 73% in impervious coverage instead of 60% in impervious coverage as allowed. The generator is proposed along the west side of (unit 108B) of an existing three-story duplex. According to the manufacturer s specifications, the proposed generator will produce a sound output of 58dBA when in exercise mode and 67dBA during normal operations as measured at a distance of 23-feet. Staff was unable to determine when the impervious cover exceeded the 60% impervious cover allowed in this zoning district. It appears improvements, such as the brick pavers located on the south east portion on the lot were added without being reviewed by the appropriate city staff. CONSIDERATIONS: The sound output of the proposed generator is not expected to be disruptive during normal operation or while in testing and/or exercising mode The fence enclosure and the landscaping will further mitigate any sound output produced from the generator as well as screen the generator from view The North Virginia Beach Civic League and the adjoining neighbor are not opposed to this request RECOMMENDED CONDITIONS: 1. The proposed 22kW Generac standby home generator shall be installed in substantial adherence to the submitted site plan and manufacturer s specifications. 2. A minimum 4-foot fence with alternating slats shall be installed to enclose three sides of the generator. In addition, Category I landscaping shall be installed around the enclosure where visible from the adjacent properties. 3. The proposed generator shall only be operated during an emergency power outages and for maintenance purposes.

3 Case #3 Scott Traynham & Lawrence O Brien, Jr. DESCRIPTION OF REQUEST: request a variance to a 7.9 foot side yard setback (West) instead of 10 feet as required for an existing duplex and proposed building addition; and to a 7.8 foot side yard setback (East) for an existing duplex; and to a 2 foot side yard setback (East) instead of 10 feet as required for an existing covered outside shower; and to a 4 foot side yard setback (West & East) instead of 5 feet as required for existing HVAC units; and to an 8 foot side yard setback (East) instead of 10 feet as required and to a 3 foot rear yard setback (North) instead of 20 feet as required for an existing shed; and to a 0 foot front yard setback (South) instead of 20 feet as required for an existing 6 foot tall fence LOCATION: th Street, Units A & B Lot 12, Cape Henry GPIN: & ZONING: R-5R, RMA YEAR BUILT: 1991 AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Billy Garrington of Governmental Permitting Consultants BOARD OF ZONING APPEALS HISTORY: On March 17, 2004, a 3.36-foot rear yard north side instead of 20-feer as required for an existing shed; and to a 8.06-foot east side yard setback instead of 10-feet as required for an existing shed; and to 7.9-foot west side yard setback and to a 7.86-foot east side yard setback instead of 10-feet each as required for an existing duplex; and to a 1.64-foot east side yard setback instead of 10-feet as required for a proposed foot shower was WITHDRAWN. SUMMARY OF PROPOSAL: The following variances are sought with this request: A variance to a 7.9-foot west side yard setback instead of 10-feet as required for the existing duplex and proposed three-story building addition A variance to a 7.8-foot east side yard setback, instead of 10-feet as required for the existing duplex A variance to a 2-foot east side yard setback, instead of 10-feet as required for an existing covered outside shower A variance to a 4-foot east and west side yard setbacks, instead of 5-feet each as required for existing HVAC units A variance to a 8-foot east side yard setback, instead of 10 feet as required for an existing shed A variance to a 3-foot rear yard setback, instead of 10 feet as required for an existing shed A variance to a zero front yard setback, instead of 10 feet as required for an existing 6-foot lattice fence Staff was unable to determine how or when many of the existing encroachments occurred on this site. Staff added the applicable setback variances to this request to cleaning up the existing encroachments. A letter from the applicant s physician describing the needed for the elevator and associated medical conditions can be found in the file.

4 CONSIDERATIONS: The proposed building addition will align with the existing duplex unit where it is parallel with the west side property line The elevator is needed to give the applicant accessible to the upper floor in this three-story duplex unit (see physician s letter in the file). It appears several improvements have been made over the years on this property without obtaining a building permits or under the advisement of staff RECOMMENDED CONDITIONS: 1. The proposed three-story building elevator addition and mechanical room shall be construct in substantial adherence to the submitted site plan and building elevations. 2. The variance requests for all of the existing improvements shall only apply to each improvement as they currently exists. No structure or improvement shall be alternated, expanded or enlarged without further consideration from the Board of Zoning Appeal.

5 Case #4 Douglas & Tiffany Glenn DESCRIPTION OF REQUEST: request a variance to an 8 foot rear yard setback (North) instead of 20 feet as required and to 41.9% in lot coverage instead of 35% as allowed for a proposed screen porch LOCATION: th Street GPIN: Lot 65A, ZONING: R-5R, RMA YEAR BUILT: 2007 AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Thomas Dye of TWD Homes SUMMARY OF PROPOSAL: The applicants are proposing to construct a 12 x 18 screen porch addition 8-feet from the rear property line instead of 20-feet as required and is seeking a variance to allow 41.9% in lot coverage instead of 35% in lot coverage as allowed. The proposed screen porch/room addition will be constructed within the footprint of an existing patio. Presently, this lot is at 37.1% in lot coverage, which exceeds the allowable lot coverage for this zoning district. At the time this dwelling was built, the maximum lot coverage in this zoning district was 35%. After researching city s records, staff could not determine when this lot exceeded lot coverage. CONSIDERATIONS: The North Virginia Beach Civic League is opposed to this request. The NVBCL suggests the proposed addition could easily be enclosed in the future and the entertainment area would be in clear view of the to all the adjacent property owners Allowing a 8-foot rear yard setback is expected to have a detrimental impact on the adjoining property owners Further exceeding the minimum lot coverage for this zoning district is not in keeping with the intent or spirit of the zoning ordinance created to limit improvements on lots as well as in the surrounding district This lot is 4,500 sq ft; therefore, this lot is nonconforming as it pertains to the minimum lot (5,000sq ft) area required for single-family development in this zoning district RECOMMENDED CONDITION: 1. The proposed screen porch/room addition shall be constructed in substantial adherence to the submitted site plan and building elevations.

6 Case #5 Carlton Secoy, II DESCRIPTION OF REQUEST: requests a variance to allow 2,534 square feet of accessory structure instead of 1,176 square feet as permitted LOCATION: 1531 South Sea Breeze Trl Lot 61, Sea Breeze Farm GPIN: ZONING: R-40, RPA YEAR BUILT: 1991 AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Billy Garrington of Governmental Permitting Consultants CHESAPEAKE BAY PRESERAVTION AREA ACTION: On July 24, 2015, a variance was administratively approved for the 14 x 18 garage addition over existing gravel. SUMMARY OF PROPOSAL: The applicant is proposing to construct a two-story 14 x 18 (504 sq ft) addition to an existing 1,910 sq ft detached garage. A total of 2,534 sq ft in accessory structures floor area, instead of 1,176 sq ft in floor area as allowed is sought with this request. The 1,176 sq ft accessory structure floor area allowance is based on 30% of the floor area of the existing dwelling. In addition to the detached garage, a 120 sq ft shed is located on the northwest corner of the lot. This shed will remain in place and is included in the total floor area variance requested. CONSIDERATIONS: The applicant has the option to enclose the existing the breezeway. Enclosing the breezeway, the garage would be considered attached and would not count towards the allowable floor area for accessory structures This lot is heavily wooded and secluded from the neighboring properties. The proposed addition will not be visible from the adjoining property owners or the street. RECOMMNEDED CONDITIONS: 1. The proposed two-story addition shall be constructed in substantial adherence to the submitted site plan. 2. The building materials and color scheme used to construct the addition shall be compatible with the existing detached garage and dwelling.

7 Case #6 Patrick Regan DESCRIPTION OF REQUEST: requests a variance to a 32 foot front yard setback (North/Northeast) instead of 50 feet as required and to an 11 foot side yard setback (East) instead of 15 feet as required for proposed building additions LOCATION: 1001 Bay Colony Drive Bay Colony GPIN: ZONING: R-20, RMA/RPA YEAR BUILT: 1952 AICUZ: noise zone 65-70dB DNL REPRESENTATIVE: Thomas Dye of TWD Homes CHESAPEAKE BAY PRESERVATION AREA ACTION: On July 21, 2015, a variance was administratively approved for the proposed improvements. SUMMARY OF PROPOSAL: The applicant is proposing to construct a secondstory addition, porch and deck additions 32-feet from the front property line instead of 50-feet as required; and 11-feet from the east side property line instead of 15-feet as required. The second-story will be constructed above the entire footprint of the existing dwelling and the porch will be replaced/repaired within the existing footprint. A two-story deck is proposed on the southwest corner of the dwelling and a one-story deck will be installed beneath the two-story deck and extend 45-foot along the rear of the dwelling. CONSIDERATIONS: The existing 1 ½ story single-family dwelling is presently nonconforming in regards to the required front and side yard setbacks The present setbacks will not decrease with this proposal. The proposed improvements shall be contained with the existing footprint of the dwelling This lot is irregularly in shape and is heavily impacted by the environmental features located on the rear portion of the lot. The CBPA regulations inhibits the applicant s ability to increase the impervious cover RECOMMENDED CONDITIONS: 1. The proposed second-story addition, porch and decking shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. The proposed porch and rear decking shall remain unenclosed.

8 Case #7 David & Wendy Earl DESCRIPTION OF REQUEST: request a variance to an 8 foot side yard setback (East) instead of 20 feet as required for a proposed generator; and to an 8 foot side yard setback (East) instead of 15 feet as required for existing HVAC units; and to a 5.5 foot side yard setback (East) instead of 7 feet as granted by a variance on June 5, 1991 for an existing detached garage; and to a 3 foot side yard setback (East) instead of 20 feet as required for existing pool equipment/enclosure; and to a 1 foot side yard setback (East) instead of 5 feet as required for an existing hot tub; and to a 14 foot side yard setback (East) instead of 20 feet as required for an existing dwelling and stoop LOCATION: 1700 Stephens Road Lot 8, Alanton GPIN: ZONING: R-40, RPA YEAR BUILT: 1950 AICUZ: noise zone 65dB DNL REPRESENTATIVE: Brad Martin of American Engineering BOARD OF ZONING APPEALS HISTORY: on June 5, 1991 a variance to a 7-foot side yard (east side) instead of 20-feet as required was Granted for a detached garage. CHESAPEAKE BAY PRESERVATION AREA ACTIONS: Staff approved an administrative variance for a porch expansion and to install a roof over the existing porch SUMMARY OF PROPOSAL: The applicants are requesting the following variances: A variance to an 8-foot east side yard setback instead of 20-feet as required for proposed a generator A variance to an 8-foot east side yard setback instead of 15-feet as required for existing HVAC equipment A variance to an 5.5-foot east side yard setback instead of 7-feet as previously granted with a BZA variance on June 5, 1991 for an existing detached garage A variance to an 3-foot east side yard setback instead of 20-feet as required existing pool equipment/enclosure A variance to an 1-foot east side yard setback instead of 5-feet as required for an existing hot tub A variance to an 14-foot east side yard setback instead of 20-feet as required for the existing dwelling and stoop The proposal to install the generator and relocate the HVAC units primarily generated these variance requests. The remaining variance requests were added by staff to clean up existing setback encroachments; in which, staff was unable to determine how they occurred. The proposed generator will be installed approximately 50± feet from the neighboring dwelling. The proposed generator is expected to produce sound outputs of no more than 66dBA as measured at a distance of 23-feet during while operating normally or in exercise mode.

9 CONSIDERATIONS: This lot is oddly shaped and heavily impacted by the regulations of the CBPA. These limits the homeowners opportunities to make improvements and comply with the required setbacks and CBPA regulations. It appears throughout the years several improvements have been made on the property without the benefit of obtaining a building permit or consulting staff. Several encroachments exist on the property without a legitimate explanation of how these encroachment occurred. CONDITIONS: 1. The proposed 20kW home generator shall be installed in substantial adherence to the submitted site plan and manufacturer s specifications. 2. The proposed generator shall only be operated during an emergency power outage and for maintenance purposes. 3. The proposed generator dba decibel rating shall not exceed 66dBA at a distance of 23-feet while operating normally or in exercise mode. 4. A minimum 4-foot fence with alternating slats shall be installed to enclose three sides of the generator. In addition, Category I landscaping shall be installed around the enclosure where visible from the adjacent properties.

10 Case #D-1 Christopher Blevins DESCRIPTION OF REQUEST: requests a variance to a 0 foot front yard setback (South) instead of 5 feet as required for an existing wall; and to a 5.2 foot rear yard setback (North) instead of 10 feet as required for an existing addition to a detached accessory structure, and to 897 square feet of existing detached accessory structure instead of 540 square feet as granted by a variance on April 16, 1997 LOCATION: 3844 Edinburgh Drive Lot 13, Birchwood Gardens GPIN: ZONING: R-7.5, RMA YEAR BUILT: 1958 AICUZ: noise less than 65dB DNL REPRESENTATIVE: Christopher Blevins, Owner BOARD OF ZONING APPEALS HISTORY: On April 16, 1997, a variance to a 5-foot rear yard setback instead of 10-feet as required; and to allow 540 sq ft of accessory structure floor area instead of 500 sq ft as allowed was Granted for a detached garage. On August 5, 2015, a variance to a 0 foot front yard setback (South) instead of 5 feet as required for an existing wall; and to 897 square feet of existing detached accessory structure instead of 540 square feet as granted by a variance on April 16, 1997 was Deferred. The request was deferred for the purpose of advertising the existing detached garage exceeding the height of the existing principal dwelling. Consequently, the applicant has removed the portion of the detached garage that exceeded the height of the principal dwelling. SUMMARY OF PROPOSAL: The applicant would like to retain a wall (under 4 in height) at a 0 setback from the property line adjacent Edinburgh Dr, instead of 5- feet as required. In addition, the applicant is seeking a variance to allow an 897 sq ft two-story garage to remain, instead of a 540sq ft one-story garage as previously approved by the BZA on April 16, Since this request was filed, the applicant has removed a portion of the detached garage. Therefore, the applicant is expected to modify his request to allow 689 sq ft instead of 540sq ft as previously approved by the BZA on April 16, After thoroughly researching city records and reviewing the previous aerial maps, staff can only conclude that additions were made to the detached garage sometime after Although, the property owner obtained a building permit in 2006, it was only for alternations to the garage and not for a second-story addition. The applicant has since removed the second story addition; however, the detached garage still exceeds the 540sq ft floor area previously approved by the BZA. A brick wall (under 4 in height) is presently located in the right-of-way along Edinburgh Dr. According to applicant, this wall was once a retaining wall and it was constructed in The applicant has been made aware an encroachment agreement will have to be obtained for the existing wall presently located in the right-of-way.

11 CONSIDERATIONS: These variance requests will address all outstanding zoning violations and if approved, it will bring this property into compliance The applicant has reduced the size and height of the detached garage by removing the portion of the garage that staff believes was added without obtaining a building permit. RECOMMNEDED CONDITIONS: 1. The variance shall only apply to the existing detached garage as it presently exists; the existing detached garage shall not be expanded or enlarged. 2. An encroachment agreement from the Office of Real Estate right-of-way shall be obtained for the existing wall within 30 business days of receiving approval for this request. 3. The detached garage shall not exceed 689 sq ft of building floor area.