MINUTES BOARD OF ZONING APPEALS VIRGINIA BEACH, VIRGINIA APRIL 6, 2016

Transcription

1 MINUTES BOARD OF ZONING APPEALS VIRGINIA BEACH, VIRGINIA APRIL 6, 2016 Chair Richard Garriott, called to order the Board of Zoning Appeals Board meeting in the City Council Chambers, City Hall Building, Virginia Beach Municipal Center, on Wednesday, April 6, The Board members' staff briefing, was held at 1:00 p.m. in the City Managers Conference Room as to information pertaining to the agenda of April 6, Board Members Present: Mr. Richard Garriott, Mr. Thomas Holland, Mrs. Elizabeth Kovner, Mr. James Oglesby, Mr. Harry Purkey, Mr. Randy Sutton, Mr. David Whitley, and Mrs. Jan Anderson sat in as the alternate. Reconsideration Vote: The Board voted on a request for reconsideration, as requested by the applicant s attorney for case 2016-BZA-00001, heard on March 2, 2016 for Edmund and Alice Ruffin located at 1133 S. Bay Shore Drive. A motion was made by Mrs. Anderson, seconded by Mr. Sutton to approve the reconsideration. All voted for the motion except Mr. Holland who was abstained because he was absent when the case was originally heard, Mr. Purkey was abstained because he represented the Ruffin s when they bought the property and Mr. Whitley was abstained. The board approved to reconsider this case with new fees (application and notification fees) and will be heard on June 1, NO Page 1 of 8

2 Case 2016-BZA-00004: NEW FIRST COLONIAL RD ASSOC LLC A variance to a 10 foot side yard setback adjacent to a street (Chantilly Ct) instead of 30 feet as required and to a 15 foot side yard setback (Northwest) instead of 20 feet as required for a proposed office building, 829 FIRST COLONIAL RD Zoning: O2 GPIN: Representative: Bob Miller with MSA 1. The proposed one-story building shall be constructed in substantial adherence to the submitted site plan. Bob Miller of MSA appeared before the Board representing the applicant. There was no opposition. A motion was made by Mrs. Kovner, seconded by Mr. Holland to approve the variance with the 1 condition. All voted for the motion. 7 NO Case 2016-BZA-00005: MHM Bay Development, LLC & Keely Arnold A variance to a 12 foot side yard adjacent to a street (Frazee Lane) instead of 30 feet as required and to waive the off-street parking requirements for a proposed single family dwelling, 1089 FRAZEE LN Zoning: R10 GPIN: Representative: Dan David of Rose & Womble 1. The proposed two-story single-family dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations or as acceptable to the Zoning Administrator or her designee. Dan David of Rose & Womble appeared before the Board representing the applicant. Page 2 of 8

3 A motion was made by Mr. Purkey, seconded by Mr. Holland to approve the variance with the 1 condition. All voted for the motion except Mrs. Kovner and Mr. Whitley who voted no. 5 NO NO NO Case 2016-BZA-00006: JONATHAN & SUSAN MACY To permit a building height of 37 feet instead of 35 feet as allowed for a modification to the existing single family dwelling roof structure; and to a 5.7 foot side yard setback (east) instead of 8 feet as required for a proposed generator, 3834 JEFFERSON BLVD Zoning: RDR(SD) GPIN: Representative: Jonathan Macy, Homeowner Board Action: APPROVED WITH 2 CONDITIONS ON APRIL 6, The proposed roof shall be constructed in substantial adherence to the site plan and building elevations. 2. The proposed 36kW 60HZ Generac quietsource series standby generator shall be installed in substantial adherence to submitted site plan and shall only be operated during emergency power outages and for the purposes of maintenance as recommended by the manufacturer s specifications Jonathan Macy, Homeowner appeared before the Board. A motion was made by Mr. Whitley, seconded by Mrs. Kovner to approve the variance with the 2 conditions. All voted for the motion. 7 NO Page 3 of 8

4 Case 2016-BZA-00007: DOYLE PALMER & HEATHER ROBINSON To a 5.5 foot side yard setback (north & south sides) instead of 8 feet each as required for proposed building additions and decking; and to an 8 foot setback adjacent to the public beach of the Atlantic Ocean (east) instead of 30 feet as required for proposed building additions and decking, 8804 OCEAN FRONT AVE Zoning: R5R GPIN: Representative: Doyle Palmer, Homeowner 1. The proposed additions shall be constructed in substantial adherence to the submitted site plan and building elevations that show only the 3 rd floor deck going more than 10 feet to the rear property line. Doyle Palmer, Homeowner appeared before the Board. A motion was made by Mr. Purkey, seconded by Mr. Holland to approve the variance with the 1 condition. All voted for the motion except Mrs. Kovner and Mr. Sutton who voted no. 5 NO NO NO Case 2016-BZA-00008: Joseph and Beth Clevenger To a 7 foot side yard adjacent to a street (Baltic Ave) instead of 15 feet as required for a proposed addition and roof modification; and to a 10 foot side yard adjacent to a street (Baltic Ave) instead of 15 feet as required for an existing sunroom; and to a 4.9 foot side yard setback (west) instead of 5 feet as required for an existing shed; and to a 1.5 foot side yard setback (west) instead of 5 feet as required and to a 7 foot rear yard setback (north) instead of 10 feet as required for an Page 4 of 8

5 existing above ground storage tank, 501 HIGH POINT AVE Zoning: R5S GPIN: Representative: Mark Janik of Inlet Contracting Board Action: APPROVED WITH 3 CONDITIONS ON APRIL 6, The proposed addition, roof modifications and dormer shall be constructed in substantial adherence to the site plan and building elevations. 2. An after-the-fact building permit shall be obtained for the existing 4-foot fence and category I landscaping must be installed behind the fence, where it is parallel with a street. 3. The proposed above ground oil storage tank shall be relocated in compliance with the National Fire Protection Association (NFPA) standards and the required setback requirements. The above ground storage tank must be in compliance prior to receiving a final inspection for the proposed improvements noted in this request Mark Janik of Inlet contracting appeared before the Board. A motion was made by Mr. Holland, seconded by Mrs. Kovner to approve the variance with the 3 conditions. All voted for the motion. 7 NO Case 2016-BZA-00009: Bob & Kathy McNaughton A variance to a 42.5 foot front yard setback (west) instead of 50 feet as required for a proposed covered front porch larger than 6' x 12', 1524 BAY POINT DR Zoning: R20 GPIN: Representative: Bob McNaughton, Homeowner 1. The front porch addition shall substantially adhere to the submitted site plan and architectural elevation. Page 5 of 8

6 Bob McNaughton, Homeowner appeared before the Board. A motion was made by Mr. Sutton, seconded by Mrs. Kovner to approve the variance with the 1 condition. All voted for the motion. 7 NO Case 2016-BZA-00010: JMDH REAL ESTATE OF VIRGINIA BEACH To allow 176 parking spaces instead of 223 parking spaces as required for an addition to an existing retail building; and to modify the conditions of a variance granted on , 5112 VIRGINIA BEACH BLVD Zoning: B2 GPIN: Representative: Rob Beaman, Troutman Sanders Board Action: APPROVED WITH 3 CONDITIONS ON APRIL 6, The parking variance is only for a retail facility that will sell food products and equipment to restaurants, caters and non-profit organizations or similarly restricted retail use. 2. The applicant shall work with the Planning Staff to provide a better defined entrance acceptable to the Zoning Administrator. Except for this change, the submitted architectural elevations shall be substantially adhered to. 3. Category IV landscaping shall be installed in the grassed area along the northern property line. Rob Beaman, Attorney with Troutman Sanders appeared before the Board representing the applicant. A motion was made by Mr. Oglesby, seconded by Mr. Holland to approve the variance with the 3 conditions. All voted for the motion. Page 6 of 8

7 7 NO Case 2016-BZA-00012: MICHAEL RESH REVOCABLE TRUST & ARLAND HOMES To a 10 foot side yard setback (east and west) instead of 20 feet each as required for a proposed single family dwelling; and to a 10 foot side yard setback (east) instead of 15 feet as required for proposed HVAC units, 1053 Old Dam Neck Rd Zoning: AG1/AG2 GPIN: Representative: William King 1. The proposed two-story dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations William King appeared before the Board. Eric Conner of 1059 Old Dam Neck Road appeared before the Board as a concerned citizen. A motion was made by Mrs. Anderson, seconded by Mr. Sutton to approve the variance with the 1 condition. All voted for the motion except Mr. Purkey who was abstained because he represents a member of the LLC applicant. 7 NO Page 7 of 8

8 Case 2016-BZA-00013: MICHAEL RESH REVOCABLE TRUST & Arland Homes To a 10 foot side yard setback (east and west) instead of 20 feet each as required for a proposed single family dwelling; and to a 10 foot side yard setback (east) instead of 15 feet as required for proposed HVAC units, 1051 Old Dam Neck RD Zoning: AG1/AG2 GPIN: Representative: William King 1. The proposed two-story dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations William King appeared before the Board. A motion was made by Mr. Oglesby, seconded by Mr. Holland to approve the variance with the 1 condition. All voted for the motion except Mr. Purkey who was abstained because he represents a member of the LLC applicant. 7 NO Respectfully Submitted lmr David Whitley Secretary Page 8 of 8