MINUTES OF A MEETING OF THE BOARD OF ZONING APPEALS WEDNESDAY, AUGUST 4, 2004

MINUTES OF A MEETING OF THE BOARD OF ZONING APPEALS WEDNESDAY, AUGUST 4, 2004 On Wednesday, August 4, 2004, the Board of Zoning Appeals held a public hearing in the Fifth Floor Conference Room, 900 East Broad Street, at 1:00 p.m.; display notice having been published in the Richmond Times-Dispatch on July 21 and 28, 2004 and written notice having been sent to interested parties. Members Present: Members Absent: Staff Present: Rodney M. Poole, Vice-Chairman Alan R. Siff Marlene Moses-Ciula Jean Thompson Williams, Chairman Ann W. Cox Melvin Brown Roy W. Benbow, Secretary William Davidson, Zoning Administrator J. Neil Brooks, Planner II Jan Reid, Assistant City Attorney --- The Vice Chairman called the meeting to order and read the Board of Zoning Appeals Introductory Statement which explains the proceedings of the meeting. The applicant and those appearing in support of an application speak first, followed by those appearing in opposition. Upon motion made by Mr. Siff and seconded by Ms. Moses-Ciula, Board members voted (3-0) to continue consideration of the following case to its meeting of Wednesday, October 6, 2004. The Board has determined that a continuance fee of $150 was required. CASE NO. 73-04 Circle Realty, LLC c/o FutureLaw, LLC An application for a reversal of the decision of the Zoning Administrator based on Sections 32-503, 32-505, 32-515 and 32-525 of the zoning ordinance regarding an administrative determination dated April 9, 2004, which stated therein that Circle Realty was to remove all except one (1) freestanding sign not exceeding one hundred fifty (150) square feet in area and thirty-five (35) feet in height identifying the name of the shopping center at 3910 HULL

BZA MEETING MINUTES -2- AUGUST 4, 2004 STREET ROAD (Tax Parcel Number C006-0154/038), located in a B- 3 General Business District. APPLICATION was filed with the Board on May 13, 2004, based on Section 17.20(a) of CASE NO. 59-04(CONTINUED) Bro Properties, LLC 1335 WEST CLAY STREET (Tax Parcel Number N000-0571/001) A permit to build a detached single-family dwelling DISAPPROVED by the Zoning Administrator on April 21, 2004, based on Sections 32-300, 32-413.6(2) and 32-620.1(3) of the zoning ordinance for the reason that: In an R-7 Single and Two-Family Urban Residential District, the interior and street side yard setback requirements are not met. Interior and street side yards of three feet (3 ) in width are required; are proposed. APPLICATION was filed with the Board on April 16, 2004, based on Section 17.20(b) of John S. Cruickshanks, III this case that the applicant, Bro Properties LLC, has requested a variance to build a detached single-family dwelling at 1335 West Clay Street. Mr. John Cruickshanks, representing Bro Properties LLC, testified that at the direction of the Board he had met with the Carver Civic Association. Mr. Cruickshanks presented the Board with a letter from Mr. Douglas Kleffner, Chairman of the Real Estate Committee, supporting the proposed variance subject to certain conditions. Mr. Cruickshanks explained that the lot in question is 16 feet wide and that the variance is being sought in order to construct a replacement singlefamily dwelling. Mr. Cruickshanks stated that a house was situated on the property from 1869 until 1989 when the house was torn down due to the failure of a retaining wall. Mr. Cruickshanks explained that the former house spanned the

BZA MEETING MINUTES -3- AUGUST 4, 2004 entire width of the property and imposition of three-foot side yard setbacks would only leave 10 ft. of buildable lot width, which was insufficient to construct a single-family dwelling. In response to a question from the Vice Chairman, Mr. Poole, Mr. Cruickshanks indicated that he would comply with the conditions of the Carver Area Civic Improvement League stated in their August 2, 2004 letter (copy attached). The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to narrowness of the lot; whereby strict application of the interior and street side yard setback requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the interior and street side yard setback requirements be granted to Bro Properties, LLC for a permit to build a detached single-family dwelling, subject to the condition that the proposed project be in substantial compliance with an August 2, 2004 letter and attached plan from the Carver Area Civic Improvement League. ACTION OF THE BOARD: Granted Conditionally (3-0) Vote to Grant Conditionally CASE NO. 74-04 Jewels LLC 510 AND 512 NORTH 23 RD STREET (Tax Parcel Number E000-0256/003) A building permit to repair a two-family detached dwelling and split the lot to create two (2) single-family attached dwellings DISAPPROVED by the Zoning Administrator on May 29, 2004, based on Sections 32-300, 32-413.5(2) and 32-416.4(1) of the zoning ordinance for the reason that: In an R-53 Multi-Family Residential District, the lot area requirements are not met. A lot area of two thousand two hundred (2,200) square feet is required; areas of

BZA MEETING MINUTES -4- AUGUST 4, 2004 one thousand five hundred seventy-one (1,571.94) square feet (#510) and one thousand five hundred seventeen (1,517) square feet (#512) are proposed. APPLICATION was filed with the Board on May 24, 2004, based on Section 32-1040.3(1) of the City Code. Tom O Kelly this case that the applicant, Jewels LLC, has requested a special exception to repair a two-family detached dwelling and split a lot to create two single-family attached dwellings at 510 and 512 North 23rd Street. Mr. O'Kelly, representing Jewels LLC, testified that the Better Housing Coalition had owned the subject property for several years and sold it to a third party that was unable to meet the conditions imposed by the sale. Mr. O'Kelly stated that he was contacted by the Better Housing Coalition to see if he would be interested in purchasing the property and renovating it. Mr. O'Kelly explained that he lived within a block of the subject property and had renovated several properties in the neighborhood. Mr. O'Kelly stated that one of the conditions of the sale was that the subject properties must be sold as single-family owner-occupied dwellings. Mr. O'Kelly stated that currently there were two attached dwellings on a single lot of record and that he was requesting a special exception in order to split the lot. Mr. O'Kelly presented the Board with pictures of the subject property which indicated that the dwellings were in a serious state of disrepair. Mr. O'Kelly presented the Board with five letters of support from surrounding property owners as well as a letters from Councilwoman Delores McQuinn and the Better Housing Coalition supporting the project. The Board is satisfied that the property was acquired in good faith and that division of these properties into separate lots will increase the opportunities for individual ownership. The Board is satisfied that the special exception criteria applicable in this case are met. ZONING APPEALS that a request for a special exception from the lot area requirements be granted to Jewels LLC for a building permit to repair a twofamily detached dwelling and split the lot to create two (2) single-family attached dwellings as proposed. ACTION OF THE BOARD: Granted (3-0)

BZA MEETING MINUTES -5- AUGUST 4, 2004 Vote to Grant CASE NO. 75-04 Richard Manson 3100 GARRETT STREET (Tax Parcel Number W000-1333/013) A building permit to enclose an existing porch (15 8 x14 8 ) on a single-family detached dwelling DISAPPROVED by the Zoning Administrator on June 22, 2004, based on Sections 32-300, 32-630.1(1) and 32-810.1 of the zoning ordinance for the reason that: In an R-4 Single-Family Residential District, the street side yard setback and nonconforming feature requirements are not met. A street side yard of ten feet (10 ) is required; zero feet (0 ) exist, and three feet five and one-half inches (3 5 ½ ) are proposed. An increase in the degree or extent of a nonconforming feature is not permitted. APPLICATION was filed with the Board on June 3, 2004, based on Section 17.20(b) of Richard D. Manson this case that the applicant, Richard Manson, has requested a variance to enclose an existing porch on a single family detached dwelling at 3100 Garrett Street. Mr. Manson testified that his house was constructed in 1911 in Henrico County. Mr. Manson explained that a street side yard of 10 ft. was required and that his existing house was constructed on the property line. Mr. Manson stated that the porch enclosure would have a 3 foot 5 1/2 inch setback. Mr. Manson stated he proposed to construct a deck which would have a 7 foot 5 inch setback.

BZA MEETING MINUTES -6- AUGUST 4, 2004 In response to a question from the Vice Chairman, Mr. Poole, Mr. Manson stated that he had lived in the house since 1980. Mr. Manson stated that the house is relatively small and that the additional square footage is needed by his family. Mr. Manson stated that of the adjacent neighbors had any objection to the requested variance. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the lotting pattern and need to create additional living space; whereby strict application of the street side yard setback and nonconforming feature requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the street side yard setback and nonconforming feature requirements be granted to Richard Manson for a building permit to enclose an existing porch (15 8 x14 8 ) on a single-family detached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant CASE NO. 76-04 Amanda Morgan 2514 HANOVER AVENUE (Tax Parcel Number W000-1124/026) A building permit to construct a deck on a single-family attached dwelling DISAPPROVED by the Zoning Administrator on June 18, 2004, based on Sections 32-300 and 32-412.5(2)(b) of the zoning ordinance for the reason that: In an R-6 Single-Family Attached Residential District, the side yard setback requirement is not met. A side yard of not less than three feet (3 ) is required, except where buildings are attached; is proposed.

BZA MEETING MINUTES -7- AUGUST 4, 2004 APPLICATION was filed with the Board on June 10, 2004, based on Section 17.20(b) of Amanda Morgan this case that the applicant, Amanda Morgan, has requested a variance to construct a deck on a single-family attached dwelling at 2514 Hanover Avenue. Ms. Morgan testified that she was the owner and occupant of 2514 Hanover Avenue and was seeking a variance to extend an existing deck northward along the western property line and across the back of the house to within three feet of the eastern property line. Ms. Morgan explained that the existing deck is located between an offset in her house and the western property line. Ms. Morgan further explained that if the deck which is proposed to be located to the rear of the house is offset three feet, it will affect the continuity of the deck. Ms. Morgan also pointed out that her lot is narrow which limits her ability to construct a deck. Ms. Morgan presented the Board with a copy of the petition of support signed by 17 of her neighbors as well as letters of support from two of the adjoining property owners. Ms. Morgan indicated that the Fan District Association also supports the requested variance. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the narrowness of the lot; whereby strict application of the side yard setback requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the side yard setback requirement be granted to Amanda Morgan for a building permit to construct a deck on a single-family attached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant

BZA MEETING MINUTES -8- AUGUST 4, 2004 CASE NO. 77-04 Idlewood Properties LLC 2002 IDLEWOOD AVENUE (Tax Parcel Number W000-0894/019) A building permit to construct a new two-family detached dwelling DISAPPROVED by the Zoning Administrator on June 21, 2004, based on Sections 32-300 and 32-412.4(3) of the zoning ordinance for the reason that: In an R-6 Single-Family Attached Residential District, the lot area requirement is not met. A lot area of six thousand square feet (6,000 s.f.) is required; 3,579.6 square feet exists/is proposed. APPLICATION was filed with the Board on June 15, 2004, based on Section 17.20(b) of John Thomas West Ken Martin Michael Paul Dodson this case that the applicant, Idlewood Properties LLC, has requested a variance to construct a new two-family detached dwelling at 2002 Idlewood Avenue. Mr. Ken Martin, representing Idlewood Properties, testified that the property is located at the northwest corner of Idlewood Avenue and Meadow Street. Mr. Martin explained that Idlewood Properties had purchased six apartment buildings adjacent to the subject property on the west side. Mr. Martin stated that all of the apartment buildings had undergone extensive renovation. Mr. Martin indicated that the property in question was a remnant parcel of property which had been owned by the Housing Authority and was left over after the widening of Meadow Street. Mr. Martin stated that the property was essentially utilized as a dumping ground. Mr. Martin indicated that it was his client's intent to construct a duplex but that the lot lacked sufficient lot area. Mr. Martin provided the Board with an economic analysis and stated that from an economic standpoint, no return on investment could be realized from construction of a single-family dwelling on the subject property. Mr. Martin pointed to the fact that the existence of the large apartment buildings eliminated any potential for construction of a single-family

BZA MEETING MINUTES -9- AUGUST 4, 2004 dwelling. Mr. Martin stated that a reasonable return of 9% could be realized from construction of a duplex. Mr. Martin indicated that a funeral home occupied the entire block behind the subject property, which was a further deterrent to construction of a single-family dwelling. Mr. Martin provided copies of letters of support to the Board from surrounding neighbors and indicated that the Byrd Park Civic League supported the requested lot area waiver. In response to a question from Mr. Siff, Mr. Martin testified that the building would be two stories, comprising approximately 2300 square feet with 1150 square feet per floor. The units would have three bedrooms and two baths and rent for approximately $795 per unit. Speaking in favor, Mr. Michael Dodson of the Byrd Park Civic League, testified that the neighborhood association supported the requested variance. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the prevailing land uses which preclude development of the subject property for a single-family dwelling and the inability to achieve a return on investment as a result of construction of a single-family dwelling; whereby strict application of the lot area requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the lot area requirement be granted to Idlewood Properties LLC for a building permit to construct a new twofamily detached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant CASE NO. 78-04 Richmond Affordable Housing

BZA MEETING MINUTES -10- AUGUST 4, 2004 1009 CATHERINE STREET (Tax Parcel Number N000-0387/007) A certificate of occupancy for a new single-family detached dwelling DISAPPROVED by the Zoning Administrator on June 24, 2004, based on Sections 32-300, 32-413.6(1) and 32-1010.2 of the zoning ordinance for the reason that: In an R-7 Single and Two-Family Urban Residential District, the front yard setback requirement is not met as the building was not built in accordance with the approved plans. A lot area of six thousand square feet (6,000 s.f.) is required; 3,579.6 square feet exists/is proposed. A front yard of fifteen feet (15 ) is required; 14.88 feet exists/is proposed. APPLICATION was filed with the Board on June 17, 2004, based on Section 17.20(b) of Stewart Jester this case that the applicant, Richmond Affordable Housing, has requested a variance for a new single-family detached dwelling at 1009 Catherine Street. Mr. Stewart Jester, representing Richmond Affordable Housing, testified that a front yard setback variance was being requested. Mr. Jester stated that the setback requirement was 15 ft. and that when the dwelling was constructed, the width of the siding was not taken into consideration; and as a result, the front yard setback was reduced to 14.88 feet. Mr. Jester provided the Board with letters of support from surrounding property owners. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the fact that the applicant was not aware that the width of the siding was computed as part of the required front yard setback; whereby strict application of the front yard setback requirement unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the front yard setback requirement (which is not met, as the building was not built in accordance with

BZA MEETING MINUTES -11- AUGUST 4, 2004 the approved plans) be granted to Richmond Affordable Housing for a certificate of occupancy for a new single-family detached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant Upon motion made by Ms. Moses-Ciula and seconded by Mr. Siff, Board members voted (3-0) to continue consideration of the following case to its meeting of Wednesday, September 1, 2004. The Board has determined that a continuance fee was not required. CASE NO. 79-04 Bacon Housing SCP LP 12-14 EAST 12 TH STREET (Tax Parcel Number S000-0083/026) A certificate of zoning compliance to reduce the lot area of a nonconforming two-family detached dwelling DISAPPROVED by the Zoning Administrator on July 2, 2004, based on Sections 32-300, 32-320, 32-413.5(3), 32-416.4(1) and 32-800.1(2) of the zoning ordinance for the reason that: In a UB Urban Business District, the proposed reduction in the lot area of the nonconforming two-family detached dwelling use is not in conformity with the R-48 District Regulations. A minimum lot area of four thousand four hundred (4,400) square feet is required for the use. A lot area of six thousand (6,000) square feet ± exists and a lot area of three thousand four hundred (3,400) square feet ± is proposed. APPLICATION was filed with the Board on June 17, 2004, based on Section 17.20(b) of CASE NO. 80-04 APPLICANTS: Clarence and Mary McNair

BZA MEETING MINUTES -12- AUGUST 4, 2004 2301 HALIFAX AVENUE (Tax Parcel Number S000-0645/013) A building permit to create a sunroom addition (10 x20 ) onto a single-family detached dwelling by enclosing and expanding an existing front porch (7 x20 ) DISAPPROVED by the Zoning Administrator on June 22, 2004, based on Sections 32-300, 32-410.5(1) and 32-630.2(2)(a) of the zoning ordinance for the reason that: In an R-5 Single-Family Residential District, the front yard setback requirement is not met. A front yard of twenty-four and one-half feet (24.5 ) is required; fourteen and one-half feet (14.5 ) are proposed. APPLICATION was filed with the Board on June 18, 2004, based on Section 17.20(b) of George Britt this case that the applicants, Clarence and Mary McNair, are requesting a variance to create a sunroom addition onto a single-family detached dwelling by enclosing and expanding an existing front porch at 2301 Halifax Avenue. Mr. George Britt, representing Clarence and Mary McNair, testified his clients needed to expand the living room area of the house. Mr. Britt indicated that the problem with the lack of floor area in the living room was compounded by the fact that a handicapped adult resided on the premises. Mr. Britt explained that a front yard requirement of 24.5 feet established by an adjacent house existed and his clients were requesting a front yard setback variance to permit a front yard of 14.5 feet. Mr. Britt further explained that the existing porch was 7 feet in depth and that his clients were requesting permission to expand the depth of the porch to 10 ft., which would permit a 200 square foot expansion of the living room area. In response to a question from Mr. Siff, Mr. Britt testified that due to the configuration of the house, there was no other reasonable location in which to undertake the needed expansion. Mr. Britt indicated that adding on to the side of the house to increase the living room area would create problems with the roof structure. Mr. Britt also testified that there was no opposition to the requested variance.

BZA MEETING MINUTES -13- AUGUST 4, 2004 The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the need to provide additional living area and the fact that there is no other reasonable location in which to expand the dwelling; whereby strict application of the front yard setback requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the front yard setback requirement be granted to Clarence and Mary McNair for a building permit to create a sunroom addition (10 x20 ) onto a single-family detached dwelling by enclosing and expanding an existing front porch (7 x20 ). ACTION OF THE BOARD: Granted (3-0) Vote to Grant CASE NO. 81-04 City of Richmond 4901 OLD BROOK ROAD (Tax Parcel Number N018-0200/001) A building permit to allow renovations of a 19,350 square-foot building (1 st and 2 nd floors) for new offices and occupancy for the City of Richmond Police Department s Special Services Division DISAPPROVED by the Zoning Administrator on June 23, 2004, based on Sections 32-300, 32-402.1(2) and 32-410.1 of the zoning ordinance for the reason that: In an R-5 Single-Family Residential District, the proposed use is not permitted. Uses required for the performance of governmental functions, primarily intended to serve residents of the adjoining neighborhood, are permitted. The proposed use by the Police Department s Special Services Division serves the entire City of Richmond. APPLICATION was filed with the Board on June 23, 2004, based on Section 17.20(c) of

BZA MEETING MINUTES -14- AUGUST 4, 2004 James Sved this case that the applicant, the City of Richmond, has requested a use variance to allow renovations of a 19,350 square foot building for new offices and occupancy for the City of Richmond Police Department's Special Services Division at 4901 Old Brook Road. Mr. James Sved, representing the City of Richmond, testified that the project entails restoring and putting back in service the former Pine Camp Hospital Building. Mr. Sved indicated that the building is listed on the Virginia Register of Historic Places. Mr. Sved explained that the second floor will be utilized for administrative offices for the Police Special Services Division. Mr. Sved further explained that only that portion of the first floor which is utilized for access to the second floor will be renovated. Mr. Sved indicated that the present time there are no specific plans for utilization of the remainder of the first floor. The Secretary to the Board, Mr. Roy Benbow, indicated that if the first floor were utilized for city services which did not serve the adjacent neighborhoods, it would be necessary for the applicant to come back before the Board. In response to a question from Mr. Siff, Mr. Sved indicated that a couple of shed facilities would be utilized for storage of motorcycles and that there would be no training or maintenance of the motorcycles. In response to a question from Mr. Poole, Mr. Sved indicated that the requested use variance complied in all respects with Section 17.20 (c) of the City Charter The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the need to provide city services (administrative offices for the Police Special Services Division), which serve more than the residents of the adjoining neighborhoods; whereby strict application of the use requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a nonpermitted use be granted to the City of Richmond for a building permit to allow renovations of a 19,350 square-foot building (1 st and 2 nd floors) for new offices and occupancy for the City of Richmond Police Department s Special Services Division, subject to the condition that approval is granted for the second floor and the portion of the first floor required for access to the second floor.

BZA MEETING MINUTES -15- AUGUST 4, 2004 ACTION OF THE BOARD: Granted Conditionally (3-0) Vote to Grant Conditionally CASE NO. 82-04 Richmond Redevelopment and Housing Authority 915 CATHERINE STREET (Tax Parcel Number N000-0387/017) A building permit to construct a single-family detached dwelling DISAPPROVED by the Zoning Administrator on June 25, 2004, based on Sections 32-300, 32-413.5(1) and 32-1040.2 of the zoning ordinance for the reason that: In an R-7 Single and Two-Family Urban Residential District, the lot area and lot width requirements are not met. A lot area of not less than three thousand six hundred (3,600) square feet is required; two thousand eight hundred (2,800) ± is proposed. A lot width of not less than thirty feet (30 ) is required; twenty-eight and one-half feet (28.5) ± is proposed. On February 4, 2004, the Board of Zoning Appeals granted a variance (Case No. 20-04) to the lot area requirement from three thousand six hundred (3,600) square feet to three thousand one hundred forty two (3,142) square feet. APPLICATION was filed with the Board on June 24, 2004, based on Section 17.20(b) of Stewart Jester this case that the applicant, Richmond Redevelopment and Housing Authority, has requested a variance to construct a single-family detached dwelling at 915 Catherine Street. Mr. Stewart Jester, representing Richmond Redevelopment and Housing Authority, testified that in February 2004, the Board of Zoning Appeals

BZA MEETING MINUTES -16- AUGUST 4, 2004 granted a variance (Case 20-04) to the lot area requirement from 3,600 square feet to 3,142 square feet. Mr. Jester stated that due to an inability to acquire a small sliver of property along the southeastern property line, an additional lot area variance of approximately 342 square feet was being requested. Mr. Jester indicated that a variance was also being requested to reduce the lot width from 30 feet to 28 feet. Mr. Poole and Mr. Siff both expressed concern over the continued existence of an untitled piece of property. Mr. Jester indicated that they do have the support of the Carver Area Civic League. In response to a question from Mr. Poole, Mr. Jester testified that if the variance request were approved to permit subdivision of the property, no building permit would be issued until such time as the subject parcel of property was incorporated into Lot 1. Mr. Jester further testified that once title to the subject parcel was acquired, it would be incorporated into Lot 1. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the inability to acquire title to the subject parcel of property at the present time; whereby strict application of the lot area and lot width requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the lot area and lot width requirements be granted to Richmond Redevelopment and Housing Authority for a building permit to construct a single-family detached dwelling, subject to the condition that a building permit may not be granted for Lot 1 until the untitled portion of property adjacent to Lot 1 is incorporated into Lot 1. ACTION OF THE BOARD: Granted Conditionally (3-0) Vote to Grant Conditionally CASE NO. 83-04 Chris Bossola

BZA MEETING MINUTES -17- AUGUST 4, 2004 4619 SYLVAN ROAD (Tax Parcel Number S006-0248/007) A permit to build a second-story addition to a single-family detached dwelling DISAPPROVED by the Zoning Administrator on July 6, 2004, based on Sections 32-300, 32-410.5(1), 32-630.2(1), and 32-810.1 of the zoning ordinance for the reason that: In an R-5 Single-Family Residential District, the front yard setback and nonconforming feature requirements are not met. As per the one-in-four rule, a 33.7 ± foot front yard is required; a 31.3-foot front yard is proposed. Vertical expansion of that part of a building, which is nonconforming with regard to a yard or open space requirement, shall be considered an increase in the extent of the nonconforming feature, and shall not be permitted. APPLICATION was filed with the Board on July 6, 2004, based on Section 17.20(b) of Allison Held this case that the applicant, Chris Bossola, has requested a variance to build a second-story addition to a single-family detached dwelling at 4619 Sylvan Road. Ms. Allison Held testified that along with her husband and two-year-old son, she resided at 4710 King William Road. Ms. Held stated that in May they purchased a house at 4619 Sylvan Road, which is approximately a block from their former residence. Ms. Held stated that she is expecting another child and that it was necessary for them to move in order to acquire additional living space. Ms. Held further stated that they were requesting a variance in order to construct a secondstory addition. Ms. Held indicated that the current front yard setback requirement was 33.7 feet and that the second-story addition will have a 31.3-foot setback, which is identical to the first floor. Ms. Held noted that the second-story addition will not expand the footprint of the house, which was originally constructed in 1929. Ms. Held further noted that the adjoining house, which is located at 4621 Sylvan Road which was constructed some 20 years after their house, imposes a greater front yard setback due to the "one-in-four rule. Ms. Held stated that currently the house has 1 1/2 baths and virtually no closet space, and the addition will accommodate an additional bath and closet space. Ms. Held presented the Board with a letter from the resident of 4621 Sylvan Road in support of the requested variance. Ms. Held indicated that she and her husband had been in

BZA MEETING MINUTES -18- AUGUST 4, 2004 contact with three members of the Westover Hills Neighborhood Association who were all in support of the requested variance. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to the need to provide additional living space; whereby strict application of the front yard setback and nonconforming feature requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board. ZONING APPEALS that a request for a variance from the front yard setback and nonconforming feature requirements be granted to Chris Bossola for a permit to build a second-story addition to a single-family detached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant CASE NO. 84-04 GSP LLC 812 RIVERSIDE PARK (Tax Parcel Number W000-0164/015) Revised site plans for a previously approved single-family detached dwelling DISAPPROVED by the Zoning Administrator on July 13, 2004, based on Sections 32-300 and 32-413.6(1) of the zoning ordinance for the reason that: In an R-7 Single and Two-Family Urban Residential District, the front yard setback requirement is not met. A 15 ft. (15 ft.) Front yard is required; and 11.2+ yard is proposed/provided. APPLICATION was filed with the Board on July 9, 2004, based on Section 17.20(b) of

BZA MEETING MINUTES -19- AUGUST 4, 2004 David M. Gammino Charles Pool Scott Burger this case that the applicant, GSP LLC, has requested a variance for a revised site plan for a previously approved single-family dwelling at 812 Riverside Park. Mr. David Gammino, representing GSP LLC, stated that the front yard setback requirement was 15 ft. and that a variance was being sought in order to legitimize a partially constructed dwelling with a front yard setback of 11.2 feet. Mr. Gammino stated that the plans which were approved by the Building Office and provided to the builder showed an eight-foot setback from the property line to the existing porch. Mr. Gammino further stated that the setback from the ceiling to floor bay window was 11.2 feet. Mr. Gammino indicated that the majority of the front wall of the house has a setback of approximately 14 feet. Mr. Gammino stated that his builder constructed the house in accordance with the approved plans, which were later discovered to be in error. Mr. Gammino stated that the house had been constructed to the point of completing three walls and that it would present a significant hardship if he were required to tear the front of the house off and expand the rear of the house accordingly. The Secretary to the Board, Mr. Roy Benbow, advised the Board that he contacted the Commissioner of Buildings as well as one of the chief engineers and it could not be determined how the permit was erroneously issued. Speaking in opposition, Mr. Charles Pool indicated that the previous plans had shown a 16-foot setback. Mr. Pool stated that the other houses in the block have basically the same front yard setback. Mr. Pool expressed concern over Mr. Gammino's house sitting out in front of the other houses like a "sore thumb." Mr. Pool presented the Board with an e-mail from Mr. Scott Burger indicating that the Oregon Hill Neighborhood Association had not had a chance to review the revised plans for 812 Riverside Park and as such had requested a continuance of the case. Mr. Pool also expressed concern over the fact that given the height of the first floor, it would result in several steps leading down to grade which is not in keeping with other houses on the block. The Board is satisfied that the property was acquired in good faith and that an exceptional situation exists due to a building permit which was erroneously issued; whereby strict application of the front yard setback requirements unreasonably restricts its use, and the granting of a variance in this case will be in harmony with the intended spirit and purpose of the ordinance and the powers of the Board.

BZA MEETING MINUTES -20- AUGUST 4, 2004 ZONING APPEALS that a request for a variance from the front yard setback requirement be granted to GSP LLC for revised site plans for a previously approved single-family detached dwelling. ACTION OF THE BOARD: Granted (3-0) Vote to Grant The meeting was adjourned at 4:00 p.m. Secretary Vice-Chairman