MINUTES BOARD OF ZONING APPEALS VIRGINIA BEACH, VIRGINIA MAY 7, 2014 Chair George Alcaraz, called to order the Board of Zoning Appeals Board meeting in the City Council Chambers, City Hall Building, Virginia Beach Municipal Center, on Wednesday, May 7, 2014. 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 May 7, 2014. Those members present were Mr. George Alcaraz, Mr. Thomas Holland, Mr. James Oglesby, Mr. Randy Sutton, and Mr. David Whitley and Mrs. Elizabeth Kovner sat in as alternates. REGULAR AGENDA: Case 1: Olympia Bendix Three, LLC requests a variance to a 0 foot side yard setback (South side) instead of 20 feet as required and; to allow 38% in lot coverage instead of 25% as allowed and; to modify the variance granted on December 5, 2012 for a proposed office building and parking structure with ramp on Lot 3B, 224 Bendix Road. Rose Hall District #3, ZONING: O-2, RPA, GPIN: 1477-72-6535 Les Watson, Attorney appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. Whitley, seconded by Mr. Sutton to approve the variance with the following condition. All voted for the variance. Granted subject to the following condition: 1. Development shall substantially adhere to the submitted site plan and architectural renderings. Page 1 of 7
Case 2: Olympia Bendix Three, LLC requests a variance to a 0 foot side yard setback (North side) instead of 20 feet as required for a proposed parking structure ramp on Lot 3A, 272 / 296 Bendix Road. Rose Hall District #3, ZONING: O-2, RPA, GPIN: 1477-72-8272 Les Watson, Attorney appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. Whitley, seconded by Mr. Sutton to approve the variance Granted subject to the following condition: 1. Development shall substantially adhere to the submitted site plan and architectural renderings. Case 3: Matthew Rankin and Heather St. John request a variance to a 19.7 foot front yard setback (South side) instead of 20 feet as required and to a 9.7 foot side yard setback (West side) instead of 10 feet as required for an existing dwelling and; to a 0 foot front yard setback (South side) instead of 20 feet as required for an existing privacy fence and arbor on Lot D, 723 15 th Street. Beach District #6, ZONING: R-5D, RMA, GPIN: 2417-95-2800 John Richardson, Attorney appeared before the Board representing the applicants. A motion was made by Mr. Holland, seconded by Mr. Whitley to defer the application to the next available meeting with no fee. All voted for the motion except Mr. Alcaraz who was abstained. Case 4: Joseph and Ava Fox request a variance to a 16 foot rear yard setback (Northwest side) instead of 20 feet as required for a proposed addition on Lot 26, Lake Christopher, 5208 Canoe Landing. Centerville District #1, ZONING: R-7.5, GPIN: 1465-25-9778 Joseph Fox appeared before the Board. A motion was made by Mr. Oglesby, seconded by Mr. Holland to approve the variance Granted subject to the following condition: 1. The proposed room addition shall be constructed in substantial adherence to the submitted site plan. Page 2 of 7
Case 5: Luke Hillier requests a variance to a 7 foot side yard setback adjacent to a street (50 th Street) instead of 18 feet as required for existing pool equipment and; to a 9 foot side yard setback adjacent to a street (50 th Street) instead of 18 feet as required for an existing generator and; to a 10 foot side yard setback adjacent to a street (50 th Street) instead of 13 feet as required for an existing HVAC unit and; to a 4.4 foot side yard setback (North side) instead of 5 feet as required and to a 1.6 foot rear yard setback (East side) instead of 30 feet as required for an existing shed and; to a 14.96 foot side yard setback adjacent to a street (50 th Street) instead of 15.2 feet as granted by a variance on December 3, 1997 for the existing dwelling and; to allow 65% in impervious coverage instead of 60% as required for a proposed building addition on Lot A, The Hollies, 5000 Ocean Front Avenue. Lynnhaven District #5, ZONING: R-5R, RMA, GPIN: 2418-88-9987 Eddie Bourdon, Attorney appeared before the Board representing the applicant. A motion was made by Mr. Holland, seconded by Mr. Oglesby to approve the variance Granted with the following conditions: 1. Setback variances for only the existing shed, generator, HVAC units and pool equipment shall be included with the approval of this request. 2. The existing inground pool and patio shall be removed reducing the impervious area by approximately 11%. 3. This variance shall only apply for the life of the existing 5.2 x 6.6 storage shed located on the northwest corner of the lot. Case 6: James Maclin requests a variance to a 14.6 foot side yard setback adjacent to a street (Angelfish Lane) instead of 30 feet as required for a proposed inground pool and; to a 10 foot side yard setback adjacent to a street (Angelfish Lane) instead of 30 feet as required for proposed pool equipment and; to a 10 foot side yard setback adjacent to a street (Angelfish Lane) instead of 25 feet as required for proposed HVAC units on Lot L, Sandbridge, 3372 Sandfiddler Road. Princess Anne District #7, ZONING: R-7.5, GPIN: 2432-68-1089 James Maclin appeared before the Board. A motion was made by Mr. Holland, seconded by Mr. Oglesby to approve the variance. All voted for the variance except Mr. Sutton who voted no. Page 3 of 7
Case 7: Richard & Evelyn White request a variance to a 7 foot rear yard setback (East side) instead of 20 feet as required for a proposed room addition and; to a 2.2 foot rear yard setback (East side) and a 1.6 foot side yard setback (North side) instead of 5 feet each as required for an existing storage shed on Lot 6, Laurel Cove, 1316 Parkside Place. Lynnhaven District #5, ZONING: R-10, RMA, GPIN: 2408-17-0170 Richard and Evelyn White appeared before the Board. A motion was made by Mr. Oglesby, seconded by Mr. Holland to approve the variance with the following conditions. All voted for except Mr. Alcaraz who voted no. Granted with the following conditions: 1. The proposed addition shall be constructed in substantial adherence to the submitted site plan. 2. The existing storage shed located in the northeast corner of the lot shall be removed or relocated in compliance with the required setback. Case 8: Stihl, Inc. requests a variance to a 5 foot setback from the property line adjacent to Viking Drive instead of 30 feet as required for a proposed 6 foot tall fence and gate, 528/532 Viking Drive. Beach District #6, ZONING: I-1, RMA/RPA, GPIN: 1496-66-0738 Pat Propst appeared before the Board. A motion was made by Mr. Sutton, seconded by Mr. Whitley to approve the variance Granted with the following conditions: 1. The proposed 6-foot decorative black aluminum wrought style fence will be installed in substantial adherence to the submitted site plan. 2. Category I landscaping shall be installed on the exterior (street side) of the fence, where it will be parallel with Viking Drive. 3. An encroachment agreement with Dominion Power for the proposed fence and landscaping should be obtained prior to installing the fence and landscaping in the 10-foot easement. Documentation permitting this encroachment must be submitted to the Zoning Office upon obtaining a fence permit. 4. A stop sign shall be added at the exit of Viking Drive. Page 4 of 7
Case 9: Ram Island Rod & Gunning Club, Inc. c/o Kevin Riggs requests a variance to a 0 feet from a permanent body of water instead of 5 feet as required and to waive the required off street spaces for an existing dwelling, Back Bay, 1101 Ships Cabin Road. Princess Anne District #7, ZONING: AG-1, GPIN: 2420-37-0576 Kevin Riggs and Billy Garrington of Governmental Permitting Consultants appeared before the Board. Cheri Hainer, Building Official appeared before the Board to make commentary. A motion was made by Mr. Oglesby, seconded by Mr. Whitley to approve the variance 1. All development shall substantially adhere to the submitted site plans and architectural drawings. 2. All necessary permits shall be obtained from the Planning Department, Permits and Inspections Division and any other applicable governing agency. 3. The applicant shall maintain a land lease agreement to accommodate two offstreet parking spaces. Should no land lease agreement be in place, the owner will need to come back before the Board of Zoning Appeals. 4. The applicant shall submit a land lease agreement for the parking spaces to the Zoning Administrator on a yearly basis as long as the structure is in existence. Case 10: Kevin & Meredith Emerson request a variance to a 4 foot side yard setback (North side) instead of 8 feet as required and to a 16 foot rear yard setback (East side) instead of 20 feet as required for a proposed roof addition, Cape Henry, 7005 Atlantic Avenue. Lynnhaven District #5, ZONING: R-5R, GPIN: 2419-65-9413 Kevin and Meredith Emerson appeared before the Board. A motion was made by Mr. Holland, seconded by Mr. Kovner to approve the variance 1. The proposed roof shall be replaced in substantial adherence to the site plan and building elevations. Page 5 of 7
Case 11: Lawrence & Teh Chang request a variance to 40 feet in building height instead of the maximum 35 feet in building height as allowed for a proposed single family dwelling, Little Neck, 949 Hurds Road. Lynnhaven District #5, ZONING: R-40, RPA, GPIN: 1498-22-5207 & 1498-22-3261 Eddie Bourdon, Attorney appeared before the Board representing the applicants. A motion was made by Mr. Holland, seconded by Mr. Sutton to approve the variance 1. The proposed dwelling shall be constructed in substantial adherence to the submitted site plan entitled Property of Ruth E. Wright Estate and dated March 5, 2014. 2. The interior property line shall be vacated prior to receiving a building permit for the single-family dwelling. 3. The total square footage of the proposed (rebuilt) and existing accessory structures shall not exceed 30% of the floor area of the proposed dwelling. Case 12: Margaret Davis / Anthony & Allison Sitar requests a variance to a 15.1 foot rear yard setback (West side) instead of 20 feet as required and to 37% in lot coverage instead of 36% as granted by a variance on July 3, 2013 for a proposed 2 nd floor deck and stairway on Lot 1, Cape Henry, 200 / 202 64 th Street. Lynnhaven District #5, ZONING: R-5R, GPIN: 2419-72-3937 Margaret Davis appeared before the Board. Martin Waranch of 111 66 th Street, David Jester of 200 and 204 63 rd Street and Holly Jenison of 303 53 rd Street appeared before the Board in opposition. A motion was made by Mrs. Kovner, seconded by Mr. Holland to deny the variance. All voted for the motion. Case 13: City of Virginia Beach requests a variance to allow maneuvering on a public street, alley, or walkway directly incidental to entering or leaving a parking space and; to allow a total of 0 parking spaces instead of 25 as required for a museum, 1636 Parish Road. Bayside District #4, ZONING: R-40(HD), RPA, ZONING: 1489-03-9740 Mark Reed appeared before the Board. A motion was made by Mr. Whitley, seconded by Mr. Sutton to approve the variance 1. The applicant shall substantially adhere to the submitted site plans Page 6 of 7
DEFERRED AGENDA: Case D-1: Leander Lowder, III requests a variance to a 2.5 foot side yard setback (South side) instead of 10 feet as required for an existing dwelling and proposed roof alterations; and to a 6 foot side yard setback (South side) instead of 10 feet as required for an existing deck; and to a 2 foot side yard setback (North side) instead of 5 feet as required for an existing shed on Lot 103, Broad Bay Colony, 2005 Lone Pine Road. Lynnhaven District #5, ZONING: R-10, RPA, GPIN: 1499-88-4487 Leander Lowder, III appeared before the Board. A motion was made by Mr. Holland, seconded by Mr. Oglesby to approve the variance 1. The improvements and roof modifications shall be completed in substantial adherence to the submitted site plan and building plans. 2. The storage shed located along the north side property line shall be removed or relocated in compliance with the required setbacks. 3. All appropriate permits (building, electrical, etc.) shall be obtained within 7 business days of the approval of this request. RECONSIDERTION AGENDA: Case RC-1: Joseph & Kathleen Elliott request a variance to a 9.47 foot side yard setback (North side) instead of 20 feet as required for a proposed addition to an existing accessory building on Lot 70, Wadsworth Acres, 1305 Princess Anne Road. Princess Anne District #7, ZONING: AG-2, GPIN: 2401-84-2476 Joseph Elliott and Eddie Bourdon, Attorney appeared before the Board. A motion was made by Mr. Sutton, seconded by Mr. Holland to deny the variance. All voted for the motion except Mr. Alcaraz who voted no. Respectfully Submitted lmr George Alcaraz Chairman Page 7 of 7