City of Chesapeake, Virginia April 27, 2018 Parcel Number: Property Address (Primary): Parcel Class: 5000 Parcel Class Description: 1008
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8 City of Chesapeake, Virginia April 27, 2018 Parcel Number: Property Address (Primary): Parcel Class: 5000 Parcel Class Description: 1008 SANDERSON RD CHESAPEAKE, AGRICULTURAL 20 TO 99 ACRES - VACANT Summary Property Owner GOSMAN EDWARD O & CINDY S Owner Address Address 1040 SANDERSON RD CHESAPEAKE, VA Zoning Acreage Legal Description A1: Agricultural LT 4 RESUB PARCELS 11 & 13 SCOTLAND FARMS AC Site Information Neighborhood Number Neighborhood Description Borough: Building Name BR059 Frontage Length 685 Other Dimensions Land Use Participant WHOLE MAP 098,HEAD OF RIVER MEADOWS BUTTS ROAD XIRREGULAR Yes Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value Proposed 7/1/ $302,500 $106,400 $42,400 $344,900 7/1/ $291,700 $101,500 $42,400 $334,100 7/1/ $291,700 $103,321 $42,400 $334,100 7/1/ $291,700 $112,177 $42,400 $334,100 7/1/ $291,700 $93,621 $42,400 $334,100 7/1/ $291,700 $66,631 $42,400 $334,100 7/1/ $283,900 $42,593 $42,400 $326,300 7/1/ $291,000 $24,459 $42,400 $333,400 7/1/ $306,000 $21,086 $15,200 $321,200 7/1/ $347,800 $14,338 $15,200 $363,000 7/1/ $347,800 $11,888 $15,200 $363,000 7/1/ $350,000 $9,597 $15,200 $365,200 7/1/ $320,500 $10,361 $15,200 $335,700 7/1/ $210,900 $15,200 $226,100 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page GOSMAN EDWARD O & CINDY S MEEKINS GRACE C 4/26/1991 $ MEEKINS GRACE C 6/27/1961 $ Segments Information Outbuilding Information Building Description Year Built Square Feet STORAGE SHED RES 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.
9 LEAN-TO OPEN SHED LEAN-TO POLE BARN STORAGE SHED RES Real Estate Tax Current Year Bill Number Year Installment Date Due Tax Billed Tax Paid Balance Due INSTALLMENT #1 10/2/2017 $ $ $1, INSTALLMENT #2 1/3/2018 $ $ $ INSTALLMENT #3 4/2/2018 $ $ $ INSTALLMENT #4 6/5/2018 $ $0.00 Please contact the Treasurer s Office at (757) if you have questions regarding Tax Paid or Balance Due. Storm Water Fees and prior balances do not show on this tab. Real Estate Notes Note 1-LEGAL CHG AC FROM 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.
10 City of Chesapeake, Virginia Legend Parcels City Boundary Parcel Number: Date: 4/27/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and City of Chesapeake is not responsible for its accuracy or how current it may be.
11 City of Chesapeake, Virginia April 27, 2018 Parcel Number: Property Address (Primary): Parcel Class: 2010 Parcel Class Description: 1040 SANDERSON RD CHESAPEAKE, RESIDENTIAL - SINGLE FAMILY Summary Property Owner GOSMAN EDWARD O & CINDY S Owner Address Address 1040 SANDERSON RD CHESAPEAKE, VA Zoning Acreage 4.05 Legal Description A1: Agricultural LT 3 RESUB PARCELS 11 & 13 SCOTLAND FARMS 4.05AC Site Information Neighborhood Number Neighborhood Description Borough: Building Name BR059 Frontage Length Other Dimensions Land Use Participant WHOLE MAP 098,HEAD OF RIVER MEADOWS BUTTS ROAD X607.59X320.52X529.93X30.02X15.01 No Assessment Information Date Fiscal Year Land Value Land Use Value Improvement Value Total Value Proposed 7/1/ $141,300 $330,000 $471,300 7/1/ $140,300 $289,600 $429,900 7/1/ $140,300 $289,600 $429,900 7/1/ $140,300 $277,000 $417,300 7/1/ $140,300 $277,000 $417,300 7/1/ $140,300 $277,000 $417,300 7/1/ $140,300 $277,000 $417,300 7/1/ $155,300 $277,000 $432,300 7/1/ $170,300 $279,500 $449,800 7/1/ $200,300 $279,500 $479,800 7/1/ $200,300 $279,500 $479,800 7/1/ $200,300 $276,900 $477,200 7/1/ $170,300 $276,900 $447,200 7/1/ $125,300 $219,600 $344,900 Ownership Information Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page GOSMAN EDWARD O & CINDY S 4/26/1991 $ 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.
12 Residential Improvement Year Built : 1992 Foundation : Brick Wall Square Feet : 3196 Exterior Wall : Face Brick Exterior Wall 2 : Roof Type : Gable Roof Cover : Asphalt Air Conditioned : Full Air Conditioned 2 : Air Conditioned 3 : Central Heating: Forced Hot Air Central Heating 2: Central Heating 3 : Number of Stories: 1.50 Number of Rooms: 8 Number of Bedrooms: 4 Number of Full Bathrooms: 2 Number of Half Bathrooms: 1 Fire Place: 1 Attic Stairs: None Segments Information Building # 1 Segment Code Segment Description Square Feet AAC 10 - ADDITION W/AIR CONDITIONING 210 ADD 01 - ADDITION (NO AC) 238 AGF 20 - ATTACHED FINISHED GARAGE 635 FAT 100% ATTIC - 100% FINISHED 143 FFL FINISHED FIRST FLOOR 1,271 FRA 23 - FINISHED ROOM ABOVE 381 FTS FINISHED THREE QUARTER STORY 953 STP 43 - STOOP 60 WDK 36 - WOOD DECK 486 Outbuilding Information 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.
13 Building Description Year Built Square Feet DETACHED GARAGE Real Estate Tax Current Year Bill Number Year Installment Date Due Tax Billed Tax Paid Balance Due INSTALLMENT #1 10/2/2017 $1, $1, $3, INSTALLMENT #2 1/3/2018 $1, $1, $2, INSTALLMENT #3 4/2/2018 $1, $1, $1, INSTALLMENT #4 6/5/2018 $1, $0.00 Please contact the Treasurer s Office at (757) if you have questions regarding Tax Paid or Balance Due. Storm Water Fees and prior balances do not show on this tab. Real Estate Notes Note 1-FENCE ADDED TAX YEAR /BDA 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.
14 City of Chesapeake, Virginia Legend Parcels City Boundary Parcel Number: Date: 4/27/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and City of Chesapeake is not responsible for its accuracy or how current it may be.
15 Staff Report TO: FROM: RE: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA Application # ZON-BZA Sanderson Road and 1040 Sanderson Road Hearing Date: May 24, 2018 Application # ZON-BZA Edward O. & Cindy S. Gosman, property owners, 1040 Sanderson Road, requesting a variance from Sections A.2 and 3 of the Chesapeake Zoning Ordinance to reduce the minimum lot width and frontage requirements of 175 feet and 140 feet to zero (0) for proposed Lot 4A, and from Section A.2 to reduce the minimum lot width requirement of 175 feet to 162 feet for proposed for Lot 5. The property is further identified as LT 4 RESUB PARCELS 11 & 13 SCOTLAND FARMS AC; Real Estate Parcel No and LT 3 RESUB PARCELS 11 & 13 SCOTLAND FARMS 4.05 AC; Real Estate Parcel No , Zoning Classification A-1, residential. Background Information: The applicant is proposing to subdivide an existing A-1 lot into 5 lots. Residential lots in the A-1 agricultural district shall comply with the requirements set out for lots in the RE-1 residential estate district. Two proposed lots (4A & 5) after re-subdivision would not comply with current zoning requirements for the RE-1, residential zoning district. The applicant requires a variance from the RE-1 development standards for the proposed subdivision since lots being subdivided must meet the development standards for the zoning district in order to subdivide. 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. The applicant was provided a public notice sign to be posted 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. To approve the variance the Board must find, conditioned upon the applicant acquiring the property in good faith, that the applicant s situation is unique due to the particular physical surroundings, size, shape, 1
16 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 applicant has not shown that the denial of the variance would effectively prohibit or otherwise unreasonably restrict the proposed use of the property. The applicant does not have a hardship as the applicant would have the ability to use the current lot configuration although not as appealing from a design standpoint. The evidence indicates that the applicant has not met all the criteria needed for the granting of a variance under state law. With this information and along with the strict construct of state law and the Zoning Ordinance requirements for the granting of the variance, staff recommends denial of this variance to the Board A-1 agricultural district. EXCERPTS FROM CHESAPEAKE ZONING ORDINANCE Residential development standards. A. With the exception of approved cluster developments residential lots in the A-1 agricultural district shall comply with the requirements set out for lots in the RE-1 residential estate district (see section 6-300); except, however, that the minimum lot size of three (3) acres may be reduced to one acre or more in the case of property immediately surrounding a residential structure that was in existence and occupied prior to July 20, 1995; provided that, where septic tanks are used, the Chesapeake Health Department certifies that adequate sewage disposal can be assured. Lots less than three (3) acres in size which qualify for residential uses in accordance with this section shall comply with the minimum lot widths, setbacks and maximum lot coverage standards set out in section (A) below for nonresidential development of A-1 agricultural districts lots. Such lots shall comply with all other development standards set out in Section for residential estates and in section for residential districts. B. Cluster developments shall comply with all requirements in section et seq. of this ordinance. (Ord. No. 95-O-112, ; Ord. No. 04-O-079, ) RE-1 residential estate district Development standards. A. General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.) 1. Minimum lot size, 3 acres. 2. Minimum lot width, 175 feet. For lots used exclusively for storm water management, open space or conservation that comply with section D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section D.7 of this ordinance. 2
17 3. Minimum lot frontage, 140 feet. For lots used exclusively for storm water management, open space or conservation that comply with section D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section D.7 of this ordinance. 4. Principal building setback (required yards). a. From streets (front yards), 50 feet. (Setback from streets shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setbacks shall be measured as provided for in section See section C. for treatment of corner lots.) b. From lot lines. (1) Side yard. There shall be a side yard along each side of each building and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 45 feet, one side of such yard need not be more than 20 feet in width. (2) Rear yard, 40 feet. 5. Maximum lot coverage of all buildings and roofed structures, 35 percent. 6. Maximum building height, 35 feet. (Note: Under section , this maximum building height may be exceeded upon approval of a conditional use permit.) B. Off-street parking. The minimum off-street parking requirements for each use in the RE-1 district shall be determined from the standards set forth for the applicable parking group as defined in section and from the "parking" column on the use schedule established under section C. Other development standards. Other development standards pertaining to all residential districts are set out in section et seq. (Ord. No. 96-O-072, ; Ord. No. 05-O-015, ; Ord. No. 05-O- 071, ; Ord. No. 17-O-081, ) Standards for variances General standards; the Board of zoning appeals 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 board 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. 3
18 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 4
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