7 November 12, 2015 Public Hearing
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- Bethanie Norris
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1 7 November 12, 2015 Public Hearing APPLICANT / PROPERTY OWNER: STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lots meet all the requirements of the Zoning Ordinance. ADDRESS / DESCRIPTION: 5001 Blackwater Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 35,860 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The 35,860 square foot lot was created by a Deed of Bargain and Sale on February 18, 1959 (Deed Book 578, Page 227). In 1959, the lot was zoned AU (Agricultural Unrestricted District), which had no minimum dimensional requirements. Currently, the site is zoned AG-2 Agricultural District, which requires a minimum lot area of 43,560 square feet. Proposed Lots: Since 1954, all parcels created by subdivision require the recordation of a plat. As the lot was created by deed in 1959, a Subdivision Variance is necessary in order to legally establish the parcel based on current requirements. No dimensional changes are proposed to the current configuration. The table below compares the relevant dimensional requirements of the AG-2 Agricultural District with those subject lot. Page 1
2 Required Subject Lot Lot Width in feet Lot Area in square feet 43,560 35,860* 1 Lot width is measured at the rear of the required front yard, not at the right-of-way. * Variance is required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: Single-family dwelling / AG-1 Agricultural District South: Cultivated fields / AG-2 Agricultural District East: Blackwater Road Single-family dwelling & cultivated fields / AG-1 & AG-2 Agricultural Districts West: Cultivated fields / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is undeveloped grass area. The site is located within the Southern Rivers Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. There is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan s Rural Preservation policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp. 5-1 to 5-4) IMPACT ON CITY SERVICES There are no impacts to City services expected with this request. Page 2
3 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or selfinflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The subject lot was created by deed in 1959; however, as commonly occurred in the 1950 s and 60 s, a plat was never recorded. This Subdivision Variance will rectify this oversight and allow the lot to be legally recorded by plat. The site has contained a single-family dwelling for the past 56 years, and no change to this land use is proposed with this request. The subject lot will remain the same in size and number of dwelling units, and is compatible with the rural character of the surrounding area. Based on the considerations above, Staff believes there will be no adverse impacts on the adjacent properties and recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be substantially as shown on the submitted plat entitled SUBDIVISION PLAT OF PROPERTY OF INSTRUMENT NUMBER VIRGINIA BEACH, VIRGINIA, dated May 12, 2105, and prepared by Owen & Jordal. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. Page 3
4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4
5 AERIAL OF SITE LOCATION Page 5
6 PROPOSED SUBDIVISION PLAT Page 6
7 1 APPLICATION TYPES CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance # DATE REQUEST ACTION 1 07/07/1992 CUP (Single-Family Dwelling) Approved ZONING HISTORY Page 7
8 10/23/2015- KK DISCLOSURE STATEMENT Page 8
9 DISCLOSURE STATEMENT Page 9
10 DISCLOSURE STATEMENT Page 10
11 DISCLOSURE STATEMENT Page 11
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6 February 13, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: FRANK T. WILLIAMS
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Applicant and Property Owner Public Hearing December 12, 2018 City Council Election District Beach Agenda Item 6 Request Conditional Use Permit (Bulk Storage Yard) Conditional Rezoning (R-10 Residential
More informationStaff Planner Jimmy McNamara. Location 3736 & 3744 Shore Drive GPINs & Site Size 24,288 square feet AICUZ Less than 65 db DNL
Applicant Property Owner 3744 Shore Associates, LLC Public Hearing October 12, 2016 (Previously deferred 09/14/2016) City Council Election District Bayside Agenda Item D4 Requests Conditional Rezoning
More information8 May 11, 2011 Public Hearing APPLICANT:
8 May 11, 2011 Public Hearing APPLICANT: EASY DOES IT RIDING ACADEMY, INC. PROPERTY OWNER: MALINDA SCOTT REQUEST: Conditional Use Permit (Riding Academy & Horse Boarding) STAFF PLANNER: Leslie Bonilla
More informationD3 March 12, 2014 Public Hearing
D3 March 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MATTHEW ALVES REQUEST: Conditional Use Permit (Home Occupation / firearm sales and gunsmithing) ADDRESS / DESCRIPTION: 2445 Brush Creek Lane
More informationRequests Conditional Rezoning (I-1 Light Industrial to Conditional A-36 Apartment) Staff Planner Kristine Gay
Applicant Franklin Johnston Group Management & Development, L.L.C Property Owner ABP VA (Virginia Beach), L.L.C Public Hearing October 12, 2016 City Council Election District Bayside Agenda Item 11 Requests
More information2 April 9, 2014 Public Hearing
2 April 9, 2014 Public Hearing APPLICANT (Street Closure): EBENEZER BAPTIST CHURCH APPLICANT & PROPERTY OWNER (Use Permit Modification): EBENEZER BAPTIST CHURCH STAFF PLANNER: Kevin Kemp REQUESTS: A. Street
More informationRequest Conditional Rezoning (R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District)
Request Conditional Rezoning (R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District) Staff Planner Ashby Moss Location 5833 Sandpit Road & Nearby Parcels
More informationStaff Recommendation Approval. Staff Planner Carolyn A.K. Smith
Applicant & Property Owner Public Hearing October 11, 2017 City Council Election District Lynnhaven Agenda Item D1 Requests Conditional Rezoning (B-2 Community Business & R-7.5 Residential Districts to
More information1 September 9, 2015 Public Hearing
1 September 9, 2015 Public Hearing APPLICANT & PROPERTY OWNER: HOLLOMON- BROWN FUNERAL HOME, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning (R-5D Residential District to Conditional O-2
More information1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC.
1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts
More informationADDRESS / DESCRIPTION: Southside of Dam Neck Road, approximately 170 feet east of Southcross Drive
7 November 9, 2011 Public Hearing APPLICANT: MCQ BUILDERS, L.L.C. & KROLL ENTERPRISES II, L.L.C. PROPERTY OWNER: VILLAGE BEND, L.L.C. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional
More informationRequest Conditional Rezoning (B-2 Community Business to Conditional A-24 Apartment) Staff Recommendation Approval. Staff Planner Ashby Moss
Applicant Management & Development, LLC Property Owner School Board of the City of Virginia Beach Public Hearing January 10, 2018 City Council Election District Kempsville Agenda Item 5 Request Conditional
More information12 & 13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER
12 & 13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER PROPERTY OWNER: TROY SCOGGIN STAFF PLANNER: Kristine Gay REQUESTS: 12. Conditional Change of Zoning from Conditional
More information2 July 14, 2010 Public Hearing
2 July 14, 2010 Public Hearing REQUEST: Conditional Use Permit (community boat dock) APPLICANTS & PROPERTY OWNERS: MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS STAFF PLANNER:
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