MINUTES BOARD OF ZONING APPEALS VIRGINIA BEACH, VIRGINIA NOVEMBER 2, 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, November 2, 2016. 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 November 2, 2016. Board Members Present: Richard Garriott, Thomas Holland, Elizabeth Kovner, James Oglesby, Harry Purkey, Jr., Randy Sutton, David Whitley, and Myles Pocta who sat in as the alternate. Case 2016 BZA 00073: Michael & Judy Schooley to a 15 foot front yard setback (Bonney Rd) instead of 30 feet as required & to a 9.6 foot side yard adjacent to a street (S. Fir Ave) instead of 30 feet as required for proposed building additions & elevating the existing dwelling, 4313 BONNEY RD Zoning: R7.5 GPIN: 1477 83 7166 Representative: Michael Schooley, homeowner Board Action: APPROVED WITH 2 CONDITIONS ON NOVEMBER 2, 2016 1. The proposed additions shall be constructed in substantial adherence to the submitted site plan and building elevations entitled Schooely House Renovation 4313 Bonney Road and dated April 24, 2016 2. The existing 8.2 x 14.2 framed shed located in the rear yard shall be removed or relocated in compliance with the required setbacks prior to receiving a final building inspection for the proposed renovations Michael Schooley, homeowner appeared before the Board. Page 1 of 10
Mary Landes of 4311 Bonney Road appeared before the Board to make commentary. A motion was made by Mr. Whitley, seconded by Mr. Sutton to approve the variance with the 2 conditions. All voted for the motion. 7 NO 0 0 ABSENT 0 Case 2016 BZA 00074: 737 23rd St., LLC to waive the 35% wall step back requirement for the uppermost story above the first floor & to a 14.3 foot side yard adjacent to a street (unimproved Parks Ave) instead of 20 feet as required & to a 6.96 foot side yard setback (east) instead of 8 feet as required for a proposed 2 nd floor addition & a proposed 2 story attached garage, 737 23RD ST Zoning: R5S(OB) GPIN: 2417 88 3631 Representative: Billy Garrington, Governmental Permitting Consultants Board Action: APPROVED WITH 3 CONDITIONS ON NOVEMBER 2, 2016 1. When developed, the site shall be developed in substantial conformance to the submitted site plan entitled, SINGLE FAMILY SITE PLAN EXHIBIT IN THE RPA, LOTS 19 & 20, BLOCK 138, FOR 737 23 RD, LLC, dated 06/05/2016 and prepared by WPL. 2. When constructed, the dwelling shall be in substantial conformance to the submitted building elevations entitled, FRONT ELEVATION, REAR ELEVATION, and LEFT SIDE ELEVATION. 3. The existing interior lot line between Lot 19 and Lot 20 shall be vacated prior to obtaining a Certificate of Occupancy or final inspection by the Permits and Inspections Division. Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicant. A motion was made by Mr. Holland, seconded by Mr. Oglesby to approve the variance with the 3 conditions. All voted for the motion. Page 2 of 10
7 NO 0 0 ABSENT 0 Case 2016 BZA 00075: Christopher Breeden to a 17.6 foot side yard setback adjacent to a street (unimproved 49th st) & to a 22 foot front yard setback adjacent to unimproved Atlantic Ave (east) instead of 30 feet each as required for a proposed building addition; & to a 20.4 foot front yard setback adjacent to unimproved Atlantic Ave (east) instead of 22 feet as granted by a variance on June 19, 1996 for additions; & to a building height of 36 feet instead of 35 feet as allowed for an existing dwelling & a proposed building addition; & to a 36.8% in lot coverage instead of 35% as allowed for existing and proposed improvements; & to a 4 foot side yard setback adjacent to a street (unimproved 49th st) instead of 30 feet as required for an existing hot tub; & to a 0 foot side yard setback adjacent to a street (unimproved 49th st) instead of 30 feet as required for an existing pergola/arbor; & to a 0 foot front yard setback (Ocean Front Ave) & to a 0 foot side yard setback adjacent to a street (unimproved 49th st) instead of 30 feet each as required for an existing wall/columns/fence over 4 feet in height; & to an 11 foot front yard setback (Ocean Front Ave) instead of 19 feet as required & to a 2 foot side yard setback (south) instead of 5 feet as required for existing HVAC units, 4804 OCEAN FRONT AVE Zoning: R7.5 GPIN: 2418 98 1449 Board Action: DEFERRED WITH NEW ADVERTISEMENT FEES ON NOVEMBER 2, 2016 Carl Eason, Attorney with Wolcott Rivers Gates on behalf of Mr. Holland and requested if there was any basis provided for the deferral. Mr. Kemp, Interim Zoning Administrator stated that he received an email and spoke with the applicant November 1, 2016 and stated that the basis of the request for a deferral was they are looking at an older variance request to try and work the proposed addition where a variance may not be required. A motion was made by Mr. Holland, seconded by Mr. Oglesby to defer the application with new advertisement fees. All voted for the motion except Mr. Purkey who was abstained because he has done work for the applicant s company. Page 3 of 10
7 NO 0 1 ABSENT 0 Case 2016 BZA 00076: Elizabeth Twohy & Kevin Michaels A variance to a 42.5 foot building height instead of a maximum 35 foot building height as allowed for a proposed single family dwelling, 1825 ADDINGTON RD Zoning: R40 GPIN: 1499 44 0237 Representative: Eric Garner, WPL Board Action: APPROVED WITH 1 CONDITION ON NOVEMBER 2, 2016 1. The proposed two story single family shall be constructed in substantial adherence to the submitted site plan and building elevations entitled A New Residence for Elizabeth and Kevin Michaels dated August 9, 2016. Eric Garner of WPL appeared before the Board representing the applicants. A motion was made by Mrs. Kovner, seconded by Mr. Purkey to approve the variance with the 1 condition. All voted for the motion. 7 NO 0 0 ABSENT 0 Page 4 of 10
Case 2016 BZA 00080: 3302 Holly Road LLC A variance to a 10.1 foot setback adjacent to 33rd street (north) instead of 30 feet as required for a proposed covered porch; and to a 24.9 foot setback adjacent to Holly Road (west) instead of 30 feet as required for a proposed covered porch; and to a 6.9 foot side yard setback (east) instead of 10 feet as required for a proposed building addition, 3302 HOLLY RD Zoning: A12 GPIN: 2418 92 3574 Representative: Eric Garner, WPL Board Action: APPROVED WITH 2 CONDITIONS ON NOVEMBER 2, 2016 1. The proposed porches and two story building addition shall be constructed in substantial adherence to the submitted site plan and colored building elevations. 2. The one story 5.92 x 10.13 utility room located on the east side of the building will be demolished as noted on the site plan John Richardson, Attorney and Eric Garner of WPL appeared before the Board representing the applicant. A motion was made by Mr. Whitley, seconded by Mr. Holland to approve the variance with the 2 conditions. All voted for the motion. 7 NO 0 0 ABSENT 0 Case 2016 BZA 00082: Bradley Nadelstein A variance to a 5.8 foot rear yard setback (south) instead of 20 feet as required for a proposed single family dwelling 5485 Myrtle AVE Zoning: R5R(NE) GPIN: 2419 70 9141 Representative: Eddie Bourdon, Sykes Bourdon Ahern & Levy Board Action: DEFERRED ON NOVEMBER 2, 2016 WITH NEW ADVERTISEMENT FEES Page 5 of 10
Eddie Bourdon of Sykes, Bourdon Ahern & Levy appeared before the Board representing the applicant. A motion was made by Mr. Purkey, seconded by Mr. Holland to defer the application with new advertisement fees. All voted for the motion. 7 NO 0 0 ABSENT 0 Case 2016 BZA 00083: Nylia Laney A variance to a 15 foot rear yard setback (south) instead of 20 feet as required for a proposed screen porch with second floor deck 2500 PENSHURST WAY Zoning: PDH2/R10 GPIN: 2405 10 8012 Representative: Eddie Bourdon, Sykes Bourdon Ahern & Levy Board Action: APPROVED WITH 1 CONDITION ON NOVEMBER 2, 2016 1. When developed, the site shall be developed in substantial conformance with the submitted site plan entitled, BZA EXHIBIT LOT 21, SUBDIVISION OF CASTLETON AT LONDON BRIDGE, VILLAGE B, EXCLUSIVELY FOR NYLIA M. LANEY, dated August 26, 2016 and prepared by WPL. Eddie Bourdon of Sykes, Bourdon Ahern & Levy appeared before the Board representing the applicant. A motion was made by Mr. Oglesby, seconded by Mr. Sutton to approve the variance with the 1 condition. All voted for the motion. Page 6 of 10
7 NO 0 0 ABSENT 0 Case 2016 BZA 00084: Bishard Homes, LLC and Mark Virgili to a 22 foot front yard setback (west) instead of 30 feet as required for a proposed porch and steps; and to a 17 foot side yard adjacent to a street (Shore Dr) instead of 30 feet as required and to a 15 foot rear yard setback (east) instead of 20 feet as required for a proposed single family dwelling; and to a 17 foot side yard adjacent to a street (Shore Dr.) instead of 30 feet as required for a proposed 6 foot tall fence, 2280 Hatton ST Zoning: R7.5(SD) GPIN: 1590 61 1504 Representative: Eddie Bourdon, Sykes Bourdon Ahern & Levy Board Action: APPROVED WITH 2 CONDITIONS ON NOVEMBER 2, 2016 1. The proposed dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations provided in the file. 2. The proposed category I landscape screening (limited to 4 feet in height) shall be maintained at height to prevent creating a traffic obstruction. Eddie Bourdon of Sykes, Bourdon Ahern & Levy appeared before the Board representing the applicant. A motion was made by Mr. Pocta, seconded by Mr. Oglesby to approve the variance with the 2 conditions. All voted for the motion except Mr. Purkey who was abstained because he provided legal matters to the applicant. 7 NO 0 1 ABSENT 0 Page 7 of 10
Case 2016 BZA 00085: CE and CW Properties, LLC & Betty Wood to an 8 foot side yard setback (north) instead of 10 feet as required and to a 12 foot side yard adjacent to a street (74th St) instead of 20 feet as required for 2 proposed single family dwellings (117 and 119 74th St); and to a 5 foot front yard setback (west) instead of 20 feet as required for a proposed shed, 119 74th ST Zoning: R5R(NE) GPIN: 2419 66 5863 Representative: Eddie Bourdon, Sykes Bourdon Ahern & Levy Board Action: DEFERRED WITH NEW ADVERTISEMENT FEES ON NOVEMBER 2, 2016 Eddie Bourdon of Sykes, Bourdon Ahern & Levy appeared before the Board representing the applicants. Victor Oppleman of 7405 Atlantic Avenue, Pope Woodard of 204 74 th Street, and Jerome Johnson who lives on 73 rd Street appeared before the Board in opposition. A motion was made by Mr. Oglesby, seconded by Mr. Whitley to approve the variance with the 2 conditions stated in the staff report. All voted for the motion except Mr. Garriott, Mr. Holland and Mr. Sutton who voted no. Mr. Purkey was abstained because he represents the applicant, and Mrs. Kovner was abstained because she has a business relationship with the developer. This was a 3 3 vote; therefore, the variance was denied. 3 NO 3 2 ABSENT 0 NO NO NO Mr. Bourdon requested that this application be reconsidered/deferred to the next available meeting with new advertisement fees. A motion to reconsider the application was made by Mr. Whitley, seconded by Mr. Holland. All voted for the motion except Mr. Garriott who voted no. Page 8 of 10
5 NO 1 2 ABSENT 0 NO Case 2016 BZA 00072: Jeffrey Gumenick to a 6.8 side yard setback (south) instead of 10 as required & to a building height of 39 instead of 35 as allowed for a proposed single family dwelling; & to a 3 side yard setback (south) instead of 10 as required for a proposed replacement of an existing stoop/steps; & to an 11.2 separation between dwellings instead of 16 as required; & to a 2.9 side yard setback (south) instead of 5 as required for proposed HVAC units; & to a 2 side yard setback (south) instead 10 as required for a proposed generator; & to allow the length of a single dormer to exceed 1/3 of the length of the wall below; & to a 0 side yard setback adjacent to a street (52nd St) for an existing privacy fence & to an 8 side yard setback adjacent to a street (52nd St) for an existing uncovered walled shower enclosure instead of 20 each as required; and to a 0 side yard setback adjacent to a street (52 nd St) instead of 5 as required for an existing 4 tall fence 5106 OCEAN FRONT AVE Zoning: R5R(NE) GPIN: 2418 89 9442 Representative: Eddie Bourdon, Sykes Bourdon Ahern & Levy Board Action: APPROVED WITH 4 CONDITIONS ON NOVEMBER 2, 2016 1. When developed, the site shall be developed in substantial conformity to the submitted site survey entitled, BZA EXHIBIT OF LOT 1A; BLOCK 1 UBERMEER, EXCLUSIVELY FOR JEFF GUMENICK, dated July 27, 2016 and prepared by WPL. 2. When developed, the principle single family dwelling shall be constructed in substantial conformance with the submitted elevation drawings entitled, GUMENICK RESIDENCE: DESIGN DEVELOPMENT FRONT ELEVATION, GUMENICK RESIDENCE: DESIGN DEVELOPMENT STREET ELEVATION, GUMENICK RESIDENCE: DESIGN DEVELOPMENT BACK ELEVATION, and GUMENICK RESIDENCE: DESIGN DEVELOPMENT OCEANFRONT ELEVATION, dated June 10, 2016 and prepared by Cox, Kliewer & Company, P.C. 3. When installed, the generator shall substantially conform to the specifications for GENERAC QUIETSOURCE SERIES generator that was submitted with this application. 4. The approval of the setback variance for the fence shall be for the life of the fence only. Eddie Bourdon of Sykes, Bourdon Ahern & Levy appeared before the Board representing the applicant. Page 9 of 10
A motion was made by Mrs. Kovner, seconded by Mr. Purkey to approve the variance with the 4 conditions. All voted for the motion. 7 NO 0 0 ABSENT 0 Respectfully Submitted lmr David Whitley Secretary Page 10 of 10