PREPARED BY: CHRIS LANGASTER Case #1 City of Virginia Beach DESCRIPTION OF REQUEST: requests a variance to a 5 foot side yard setback (14th Street) instead of 10 feet as required for a proposed generator LOCATION: 801 14th Street Beach District #6 GPIN: 2417-95-0410 ZONING: I-1 YEAR BUILT: 1975 AICUZ: 70-75dB DNL SUMMARY OF PROPOSAL: The applicant is proposing to install a Generac (SG400) Industrial spark-ignited generator 5-foot from the property line adjacent to 14 th Street, instead of 10-feet as required. The generator is needed to provide a backup power source in the event an emergency power outage occurs. The generator will be placed on the west side of an existing pump station and adjacent to the (HRT) Hampton Roads Transit facility. It will also align with the pump station building, where it is parallel with 14 th Street. Protective bollards will be installed around the generator to prevent vehicles from running into the unit from 14 th Street. A 6-foot chain linked fence with barbed wire is presently installed around the perimeter of the HRT s facility and pump station site/building. Based on the manufacturer s specifications, this generator will produce sound outputs of 76.5dB at a distance of 23-feet while operating in at maximum capacity. This lot is zoned I-1 Industrial and is directly surrounded by an industrial use. Therefore, the generator is not expected to create a detriment to the surrounding property owners. If approved, the following condition is recommended: The Generac (SG400) Industrial Spark-Ignited Generator shall be installed as depicted on the submitted site plan entitled Emergency Generators for Tier 1 Priority 2 Pump Station and dated August 9, 2013.
PREPARED BY: KEVIN KEMP Case #2 Kevin Stewart DESCRIPTION OF REQUEST: requests a variance to a 15 foot side yard setback (Northwest side) instead of 20 feet as required for a proposed addition, covered, raised patio and pergola LOCATION: 3056 Lynndale Road Lot 2, Kline Farms North Lynnhaven District #5 GPIN: 1498-19-4191 ZONING: R-40, RPA YEAR BUILT: 1995 AICUZ: Less than 65 db Ldn BOARD OF ZONING APPEALS HISTORY: On April 3, 1996, a variance of 19 feet to a 1 foot side yard setback (south), instead of 20 feet as required for a pier and boathouse was GRANTED. CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORY: On January 27, 2014, approval was GRANTED for a building addition, pool, pool patio, pool equipment, pool patio with outdoor kitchen and driveway expansion, with 19 conditions attached. SUMMARY OF PROPOSAL: The applicant proposes to construct a building addition, covered porch, raised patio with a small pergola, and a pool. The proposed improvements require a variance of 5 feet to a 15 foot side yard setback on the west side, instead of 20 feet as required in the R-40 zoning district. The submitted plans, elevations and renderings show a two-story building addition consisting of a garage and entryway that extends 18 feet off the west side of the existing dwelling. A large covered porch will extend to the rear of the new addition. At the far end of the covered porch, a pergola will cover a staircase that steps down to an elevated pool patio. The pool will be located to the east of the covered porch and will meet all required setbacks. The subject 1.403 acre site meets all the zoning requirements for a lot in the R-40 district; however, staff recognizes that the lot is located in the Resource Protection Area of the Chesapeake Bay Watershed. The northern and eastern property lines of the site are bordered by Lynnhaven Bay. The site also slopes significantly from west to east towards the water s edge, leaving a majority of the site within the area that the City designates as the variable width buffer. Additionally, there is a 15 foot drainage easement that runs along the eastern side of the property. The applicant feels that this variance is justified due to the impact of the CBPA Ordinance on the lot. Although the proposed location for the improvements on the western portion of the site will minimize land disturbance within the CBPA buffer, staff notes that the need for a side
yard variance could be eliminated by reducing the size of the proposed additions. The proposed plan was approved by the Chesapeake Bay Preservation Area Board on January 27, 2014. If approved the following conditions are recommended: 1. Except for minor changes that may occur during the formal site plan review process, the proposed building addition, covered porch, raised patio and pergola shall be constructed in substantial adherence to the submitted site survey entitled SINGLE FAMILY SP IN RPA (EXHIBIT), LOT 2, SUBDIVISION OF KLINE FARMS NORTH, dated 12/04/2013 and prepared by WPL. 2. The proposed building addition, covered porch, raised patio and pergola shall be constructed in substantial adherence to the submitted renderings and elevation drawings entitled RENOVATIONS TO STEWART RESIDENCE, VIRGINIA BEACH VA, dated 11/01/2013 and prepared by Covington Hendrix Anderson Architects.
PREPARED BY: CHRIS LANGASTER Case #3 MMM Enterprises LLC DESCRIPTION OF REQUEST: requests a variance to a 23 foot front yard setback (South side) instead of 30 feet as required (Enclosure of Existing Carport) LOCATION: 5520 Aragon Drive Lot 8, Diamond Springs Bayside District #4 GPIN: 1469-35-7791 ZONING: R-7.5, RMA YEAR BUILT: 1954 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicant wishes to enclose an existing carport presently 23-feet from the front property line, instead of 30-feet as required. According to the applicant, this enclosed area/room addition will be used for storage; however, it may be converted to living space in the future. In reviewing the submitted building plans, it appears the exterior building materials to be used to enclose the carport will be compatible with the exterior of the existing dwelling. This enclosure/room addition will align with the existing footprint of the existing dwelling and therefore will not increase the existing setbacks. This dwelling was built prior to the adoption of the City Zoning Ordinance and as a result, it is nonconforming in regards to the front yard setback. The setbacks will not increase with the proposal; therefore this request is not expected to create a detriment to the adjoining property owners or surrounding community. If approved, the following conditions are recommended: 1. The proposed enclosure/room addition shall be constructed in substantial adherence to the submitted building plan entitled MMM Enterprises, LLC Floor plans and Elevations 5520 Aragon Drive dated January 25, 2014. 2. The exterior building materials and colors used shall be compatible with the exterior of the existing dwelling.
PREPARED BY: CHRIS LANGASTER Case #4 MMM Enterprises LLC DESCRIPTION OF REQUEST: requests a variance to a 24 foot side yard setback adjacent to a street (Janke Road) instead of 30 feet as required (Enclosure of Existing Carport) LOCATION: 1501 Janke Road Lot 14, Diamond Springs Bayside District #4 GPIN: 1469-23-2657 ZONING: R-7.5 YEAR BUILT: 1950 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicant wishes to enclose an existing carport presently 24-feet from the front property line, instead of 30-feet as required. It s the applicant s intention to utilize this converted living space for a dining room, laundry room, utility room and half bath. A room addition is also planned with this proposal on the rear of the dwelling. It will be attached to the converted carport area and extend into the rear yard; however, it will comply with the required side and rear yard setbacks. A building permit has been obtained for this addition and will be constructed with a carport conversion, if this request is granted. A detached garage is located in the northwest corner of this lot and was built with the dwelling in 1950. This garage is presently nonconforming in regards to the rear yard setback. This dwelling was built prior to the adoption of the city Zoning Ordinance; as a result, it is nonconforming in regards to the present required front yard setback. The setbacks will not increase with the proposal; therefore this request is not expected to create a detriment to the adjoining property owner or surrounding community. If approved, the following conditions are recommended: 1. The proposed enclosure/room addition shall be constructed in substantial adherence to the submitted building plan entitled MMM Enterprises, LLC Floor Plans and Elevations 1501 Janke Rd dated January 25, 2014. 2. The exterior building materials and colors used shall be compatible with the exterior of the existing dwelling.
PREPARED BY: KEVIN KEMP Case #5 Kevin Jones DESCRIPTION OF REQUEST: requests a variance to a 19 foot front yard setback (North side) instead of 30 feet as required for a proposed building addition and to a 0 foot front yard setback (North side) instead of 30 feet as required and to waive the required Category I Landscaping for a proposed privacy fence; and to a 0.5 foot side yard setback (West side) and to a 1.6 foot rear yard setback (South side) instead of 5 feet each as required for an existing shed LOCATION: 4885 Peachcreek Lane Lot 64, Aragona Village Bayside District #4 GPIN: 1478-14-4315 ZONING: R-7.5, RMA YEAR BUILT: 1957 AICUZ: Less than 65 db Ldn SUMMARY OF PROPOSAL: The applicant wishes to construct an addition to the north side of their home, as well as replace an existing chain-link fence with a six-foot privacy fence. A variance is requested to the front yard setback for the addition to be located 19 feet from the front property line, and for the privacy fence to be located on the front property line. Additionally, the applicant wishes to waive the category I landscaping requirement. The applicant is also requesting a variance to the side and rear yard setbacks in order to retain an existing shed located in the southwest corner of the lot. Building addition The proposed garage addition would extend off the north side of the home to within 19 feet of the property line adjacent to Westgrove Road, instead of 30 feet as required. According to the applicant, ownership of this home has remained in their family since it was constructed in 1957. It appears to staff that the home, as typical in this neighborhood, was constructed with a single car garage or carport that was converted to living space years ago. Staff realizes that the configuration of the home on the lot leaves little space for expansion to the north side of the structure; however, there appears to be room elsewhere on the lot to accommodate an addition. The subject 9,150 square foot site is zoned R-7.5. The State Code of Virginia, Section 15.2-2309 gives the Board of Zoning Appeals the power to grant a variance to the provisions of the Zoning Ordinance when strict application of the Ordinance would produce an undue hardship relating to the property. Hardships as defined in the State Code are found when a property has exceptional conditions related the size, shape or topography that are not shared generally by other properties in the same zoning district and the same vicinity. The subject lot meets all dimensional requirements for the R-7.5 Zoning District and shows no irregular topographic conditions; therefore, staff was not able to identify a justifiable hardship.
Fence The applicant is requesting a variance to a 0 foot setback and to waive the Category I landscaping requirement, to allow for a six-foot privacy fence to be located on the property line adjacent to Westgrove Road. The proposed privacy fence would replace an existing 42-inch chain link fence running along that property line. The applicant states that the taller privacy fence is necessary to keep their dogs confined to the property, as well as minimize debris that is thrown into their yard. Staff recognizes these inconveniences; however, allowing a six-foot privacy fence to be located on the property line is not aligned with the spirit and intent of the Zoning Ordinance that aims to prevent highly visible unsightly fences along the public right-of-way as the fences deteriorate. It should also be noted that the Department of Public Utilities has reviewed this application and notes that a 0 foot setback will inhibit their ability to maintain its water and sanitary sewer lines serving the property. Staff also has concerns that this request would encourage other properties in the vicinity to seek similar variances. Existing Accessory Structure The last variance included in this request is to a 0.5 foot side yard and 1.6 foot rear yard setback for an existing accessory structure, instead of the 5 feet for each that is required. It is unclear as to the date that the structure was constructed; however, City records indicate that the structure has been in its current location for at least the past 12 years. It should also be noted that the structure is located in a City easement and that the applicant received approval from the Office of Real Estate for the encroachment. As previously noted, this property meets all requirements of the R-7.5 zoning district and shows no irregular topographic conditions; therefore, staff was not able to identify a justifiable hardship for this request.
PREPARED BY: KAREN LASLEY Case #6 Byron & Helen Woodard DESCRIPTION OF REQUEST: requests a variance to a 26 foot front yard setback (East side) instead of 50 feet as required and to modify conditions previously granted on June 4, 2008 for a proposed single family dwelling LOCATION: 1708 River Court Forrest Hills Lynnhaven District #5 GPIN: 1499-40-2453 ZONING: R-40, RPA YEAR BUILT: Proposed new construction AICUZ: Less than 65 db Ldn VARIANCE HISTORY: On June 4, 2008, the Board of Zoning Appeals (BZA) approved variances to allow Mr. Hansen to build a home on the site with a 26.25 front yard setback for a single family home and 35 setback for an accessory building, rather than 50 each as required. The variances also allowed the accessory building to be 1,810 square feet in building floor area instead of 1,249.2 square feet as allowed by a variance approved by the BZA on February 4, 1981. The buildings proposed with this application were unique LEED certified structures. Conditions attached require that the site plan and architectural elevations be adhered to, prohibit the accessory structure from having a kitchen and limited guest quarters to 500 square feet to be used by temporary guests only. The home was never constructed and the Woodard s now desire to purchase the lot. SUMMARY OF PROPOSAL: This waterfront lot contains 1.8 acres and is heavily impacted by the Chesapeake Bay Preservation Act (CPA) regulations. The entire lot is within the Resource Protection Area and the variable width buffer. The property is zoned R-40 Residential District where a 50 front yard setback is required. The applicants desire to construct a single family home on the site with a 26 setback as previously approved by the BZA. The footprint and architectural elevation of the proposed home vary significantly from the previous plans and this is a request to modify the conditions. The home proposed by the Woodards is a more traditional twostory home with an attached four car garage. An architectural elevation has been submitted showing that the home will be mission-style with a tile roof and stone walls. All of the structure is above the top of bank and the seaward 50 buffer area. No swimming pool is proposed. The plan was approved by the CBPA Board on February 24, 2014.
Although the shape of the home differs from the plans approved in 2008, the total footprint encroachment into the required 50 buffer remains approximately the same. The applicants feel that the variance is justified due to the impact of the CBPA Ordinance on this lot. Although the size of the proposed dwelling is in keeping with other homes on this waterfront peninsula, staff notes that the need for a front setback variance could be eliminated by reducing the size of the structure. If approved, the following condition should be required: The dwelling shall substantially adhere to the submitted site plan and architectural elevation.
PREPARED BY: CHRIS LANGASTER Case #7 Brian and Cheryl Twiddy DESCRIPTION OF REQUEST: request a variance to a 2.1 foot side yard setback (Southeast side) instead of 20 feet as required to enclose an existing carport and storage area LOCATION: 4344 Wishart Road Bayside District #4 GPIN: 1478-76-87-2133 ZONING: R-40, RPA YEAR BUILT: 1955 AICUZ: noise zone less than 65dB DNL CHESAPEAKE BAY PRESERVATION AREA HISTORY: Staff has reviewed and approved a proposal to add a second floor addition with a full bathroom and enclose an existing carport. Staff determined this proposal is considered Redevelopment-Small Project OTC under the Chesapeake Bay Preservation Ordinance and therefore will not require a variance. SUMMARY OF PROPOSAL: The applicant is proposing to enclose an existing carport and convert it to a one-story two car garage and utility room. A variance to a 2.1-feet side yard setback, instead of 20-feet as required is requested with this proposal. The existing carport is presently 2.1-feet from the southeast side property line. This dwelling was built in the early 1950 s and is believed to be nonconforming regarding the required side yard setback. This lot was created in the 1926 and the only access to this lot is provided by way of a 33 feet ingress and egress easement from the right-of way of Wishart Road. This lot is irregular in shape and heavily impacted by the requirements of the Chesapeake Bay Preservation Area Act. The proposed setback relief is sought from the east side property line, which abuts property dedicated to open space for the Bay Hill subdivision. Because this property will not be developed or improved, this request is not expected to create a detriment to the adjoining property owners. If approved, the following conditions are recommended: 1. The carport enclosure (garage addition) shall be constructed in substantial adherence to the submitted site plan and building elevation. 2. The carport enclosure (garage addition) must meet all applicable building codes requirements, particularly as they relate to the distance the addition will be from the east property line.
PREPARED BY: CHRIS LANGASTER Case #8 Quinton and Sharon Packard DESCRIPTION OF REQUEST: request a variance to a 24 foot front yard setback (Northeast side) instead of 50 feet as required for a proposed building addition LOCATION: 150 Pinewood Road Lot 132, Linkhorn Park Beach District #6 GPIN: 2418-83-0980 ZONING: R-40, RPA YEAR BUILT: 1957 AICUZ: noise zone 70-75dB DNL CHESAPEAKE BAY PRESERVATION AREA HISTORY: Staff has reviewed and approved with conditions a proposal to one-story two car attached garage addition. This approval was contingent on several Holds being satisfied. SUMMARY OF PROPOSAL: Initially, the applicants were seeking a variance to a 24-foot front yard setback, instead of 50-feet as required for a (approx. 22 x 24 ) two car attached garage addition. However, after consulting with staff, the applicants have decided to modify their variance request to a 32.23-feet front yard setback, instead of 50-feet as required for a proposed 24 x 30.1 two-car attached garage addition. The proposed addition will now align with the dwelling, where it is parallel with the front property line adjacent to Pinewood Road. This dwelling was built in the late 1950 s and is nonconforming regarding the front yard setback. The existing dwelling is slightly angled on the lot and is presently 35-feet (at the nearest point) from the front property line. A 21 x 25 detached garage is currently located northwest portion of the lot. Based on city s records, staff believes this garage was built in 1982. This garage appears to be encroaching on the required front yard setback. However, according to the subdivision plat recorded in 1916, the lot lines have been adjusted since the recordation of the plat. In addition, a 10.2 x 8.3 storage shed with wood platform is located along the west side property line. This shed complies with the setback requirements for sheds under 150 square feet. The proposed room addition will align with the existing, where it is parallel with the Pinewood Road. Due to the position (angled) of the existing dwelling and the curvature of the front property line, the proposed room addition will encroach into the front yard setback slightly more than (±2.77 ) the existing dwelling. This request is believed to be reasonable when considering the restrictions associated with the Chesapeake Bay Preservation Area Act and the nonconforming status of the existing dwelling.
If approved, the following conditions are recommended: 1. The proposed one-story addition shall be constructed in substantial adherence to the revised site plan prepared by Horton & Dodd dated March 24, 2014. 2. The exterior building materials and colors used to construct the proposed room addition shall be compatible with the existing dwelling.
PREPARED BY: KEVIN KEMP Case #9 Caroline Travers / Troy Perry DESCRIPTION OF REQUEST: requests a variance to a 6 foot rear yard setback (East side) instead of 20 feet as required for existing decking and proposed landings and stairs; and to a 19.9 foot rear yard setback (East side) instead of 20 feet as required for an existing dwelling; and to a 19 foot rear yard setback (East side) instead of 20 feet as required and to a 9 foot side yard setback (South side) instead of 10 feet as required for an existing porch step; and to a 3 foot side yard setback adjacent to a street (58 th Street) instead of 20 feet as required for a 6 foot tall privacy fence; and to a 0 foot front yard setback (West side) instead of 5 feet as required for a 4 foot tall fence; and to allow 66.2% of impervious coverage instead of the maximum 60% LOCATION: 392 / 396 58 th Street Lot 56, Crystal Acres Lynnhaven District #5 GPIN: 2419-70-0797 ZONING: R-5R, RMA YEAR BUILT: 2005 AICUZ: Less than 65 db Ldn BOARD OF ZONING APPEALS HISTORY: On January 21, 2004 a variance to a 17.5 foot setback from 58 th street, instead of 20 feet as required for a side yard adjacent to a street, for a 3- story duplex dwelling was GRANTED. A request to an 11.5 foot rear yard setback, instead of 20 feet as required was DENIED. SUMMARY OF PROPOSAL: The applicant is requesting several variances in order to retain the existing conditions as described below: (1) A variance to the rear yard setback for a third floor deck, (2) A variance to the front and side yard adjacent to a street setbacks for a 6 foot tall solid wood fence along the eastern property line and a 4 foot tall solid wood fence along the southern property line, (3) A variance to the rear and side yard setback for the top stair leading to a rear patio, (4) A variance to the rear yard setback for the existing dwelling, (5) And a variance to exceed the allowable amount of impervious cover. On November 12, 2013, a complaint was filed with the Permits and Inspections Department regarding the construction of the third floor rear deck without a permit. A stop work order was issued and the applicant was informed that a permit was required. Subsequently, when the applicant attempted to pull a permit, the violations listed above were discovered and the applicant submitted this variance request. It
should be noted that the North End Civic League is neutral regarding this application and defers to the Board of Zoning Appeals. However, they recognize that the applicant has inherited several zoning infractions from previous owners. (1) Third floor deck The applicant is requesting a variance to a 10 foot rear yard setback instead of 20 feet as required for an existing third floor deck. The deck was recently constructed and no permit was obtained for the work. The applicant informed the zoning staff that the contractor incorrectly identified the rear yard as the side yard, and therefore built to a 10 foot setback. State Code defines a hardship as a lot that has exceptional conditions related to the size, shape or topography that are not generally shared by others in the same vicinity. Staff recognizes that the subject lot is substandard in regards to size and slightly irregular shaped; however, neither of these conditions related to the encroachment into the rear yard setback. Additionally, a request for a 9.5 foot variance for the rear yard setback was denied by the Board of Zoning Appeals in 2004. (2) Existing fencing The applicant is requesting two variances in order to retain existing fencing on the property. The first request is to a 3 foot setback adjacent to 58 th Street instead of 20 feet as required, for a six foot tall wood fence. The second variance request is to a 0 foot front yard setback, instead of 5 feet as required for a 4 foot tall solid wood fence. Section 201 (e) of the Zoning Ordinance requires that any fence located in the front or side yard adjacent to a street setbacks be a maximum of 4 feet tall. A 4 foot tall wood fence can run perpendicular to the right-of-way up to within 5 feet of the property line. In both these cases, it seems reasonable that the fence could be altered to conform to zoning requirements. It should be noted that the Public Utilities Department commented that granting a 0 foot setback for the fencing will inhibit their ability to maintain the water and sewer lines serving the property. (3) Stairs at existing rear patio The applicant is requesting a 19 foot rear yard setback instead of 20 feet as required, and a 9 foot side yard setback instead of 10 feet as required, for the top stair of the existing staircase accessing a rear patio. Satellite imagery indicates that the decking and stairs were constructed between December 2008 and January 2010. No permit was found for the work. It should be noted that the applicant purchased this property in 2013 and was not responsible for constructing the decking and stairs without a permit. (4) Existing dwelling The applicant is requesting a 19.9 foot rear yard setback instead of 20 feet as required for the existing home. City records indicate that the home was constructed in 2005. The survey submitted to the Board of Zoning Appeals for the 2004 variance request showed the home at 20 feet from the rear property line; however, a site survey done in February 2014 shows that the home was constructed 19.9 feet from the rear property line. (5) Impervious Cover The applicant is requesting to allow 66.2% impervious cover instead of 60% as allowed. On November 27, 2001, the Zoning Ordinance was amended to establish a limitation of impervious cover in the R-5R zoning district. The existing dwelling was constructed in 2005 and conformed to the 60% limitation for impervious cover. Satellite imagery indicates that between December 2008 and January 2010, a significant amount of decking was installed on the eastern portion of the site. No
permit was found for this work. Staff recognizes that the lot is substandard in size and that it has a limited area where improvements can be constructed; however, exceeding the allowable impervious cover appears to be a self-imposed condition with no evident justifiable hardship. It should be noted that the improvements that increased the impervious cover were done by a previous home owner. The applicant inherited this condition when they purchased the home in 2013.
PREPARED BY: CHRIS LANGASTER Case #10 Ronald Hallmark DESCRIPTION OF REQUEST: requests a variance to a 20.4 foot side yard setback adjacent to a street (Holladay Lane) instead of 30 feet as required for a proposed building addition; and to a 22.4 foot front yard setback (Northwest side) instead of 24 feet as granted by a variance on March 16, 1994 and to a 4.7 foot side yard setback (Northeast side) instead of 5 feet as required for an existing garage on LOCATION: 4969 Paine Lane Lot 15, Aragona Village Bayside District #4 GPIN: 1478-03-0734 ZONING: R-7.5, RMA YEAR BUILT: 1960 AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY: on March 16, 1994, variances to a 24-foot front yard setback instead of 30-feet as required for an attached garage and to allow a 6-foot fence on the property line adjacent to Holladay Lane; and to waive category I landscaping where required when within 5-feet and parallel with a street was Granted as modified. *This variance granted subject to a 5-foot setback from the property line adjacent to Holladay Lane and install category I landscaping along the fence, where it is parallel with Holladay Lane. SUMMARY OF PROPOSAL: The applicant is proposing to construct a 15 x 19 room addition 20.4 feet from the property line adjacent to Holladay Lane, instead of 30-feet as required. The proposed addition will be added to the southeast portion of the dwelling and will align with the dwelling, where it is parallel with Holladay Lane. This room addition is intended to be used for a master bedroom and bathroom. In addition, the applicant is seeking a variance to a 4.7-feet side yard setback, instead of 5-feet as previously granted on March 16, 1994 by the Board of Zoning Appeals. A 6-foot wooden privacy fence is presently located approximately 3-feet from the property line adjacent to Holladay Lane. As mentioned above, a variance was granted for this fence. However, it was granted and conditioned that the fence would maintain a minimum 5-foot setback from the property line adjacent to Holladay Lane. In addition, it was conditioned that category I landscape screening be installed along the fence, where it is parallel with Holladay Lane. The applicant is aware the fence and landscaping was not installed in according with the previously approved variance and has agreed to relocate the fence and install the required category I landscaping. The proposed room addition will align with the existing dwelling and the applicant has agreed to relocate the fence previously installed incorrectly. Additionally, the applicant has removed an aluminum carport that encroached on the required front yard setback and partially located on the right-of-way along Paine Lane. With the
violations that have been corrected and are planned to be corrected, this request is not expected to create a detriment to the adjoining property owners or surrounding community. If approved, the following conditions are recommended: 1. The proposed one-story room addition shall be constructed in substantial adherence to the submitted site plan and building elevations. The exterior building materials and colors used to construct the room addition shall be compatible with the existing dwelling. 2. The existing 6-foot wooden privacy fence shall be relocated to a minimum 5-foot setback from the property line adjacent to Holladay Lane and category I landscaping shall be installed along the fence where it is parallel with Holladay Lane. 3. A fence permit shall be obtained prior to relocating the existing fence.