case #1 darrell fender · 9/4/2013 · case #1 darrell fender september 4, 2013 prepared by: chris...

Case #1Darrell FenderSeptember 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 5 foot rear yard setback (Southeast side) instead of 20 feet as required and to a 3 foot side yard setback (Northeast side) instead of 10 feet as required (Proposed Shed) LOCATION: 1820 Blairmore Arch Lot 7, Ocean Lakes

Princess Anne District #7 GPIN: 2415-61-4087 ZONING: R-5D/PDH-2 YEAR BUILT: 1988 AICUZ: 70-75dB DNL SUMMARY OF PROPOSAL: The applicant would like to retain a recently constructed 8’ x 14’ portable storage shed presently 5-foot from the property line adjacent to Wellsford Drive instead of 20-feet as required and 3-feet from the north east side instead of 10-feet as required. The storage shed is also located in a 5-foot maintenance and 10-foot drainage easements; however, the City of Virginia Beach Office of Real Estate has approved an encroachment agreement. Provided, the shed is on skids and the owner agrees to remove the shed at no cost or liability to the city if easement is ever needed for intended purpose. A 7’ x 7.25’ existing shed is currently installed on the west side of the dwelling. This shed appears to be encroaching on the required side yard setback. This lot was developed under the zero lot line concepts in the mid 1980’s. At time this lot was platted, the west side property line was designated with a zero side yard setback and the east side was required to maintain a 10-foot setback. The zero lot line guidelines are no longer applicable to this lot, therefore the R5D zoning requirements shall apply. Staff has found no legitimate hardship to support this variance request. This standard through lot meets the minimum dimensional requirements for this zoning district and no unique or unusual characteristics were found that would prevent the proposed shed from meeting the setback requirements. If this shed is allowed to remain in close proximity to the property line adjacent to a street, it will set a negative precedent in this community as well as encourage others to seek similar variance requests without a justifiable hardship.

Case #2William & Beth Romig

September 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: request a variance to a 7.1 foot side yard setback (North side) and to a 4.2 foot side yard setback (South side) instead of 15 feet each as required (Proposed Addition to Existing Pier) LOCATION: 1601 Quail Point Road Lot 3A, Quail Point

Bayside District #4 GPIN: 2408-83-9120 ZONING: R-20, RPA YEAR BUILT: 1997 AICUZ: noise zone 65-75dB BOARD OF ZONING APPEALS HISTORY:

On January 21, 1998 a variance to a 1-foot northeast side and to a 5-foot southwest side instead of 15-feet each as required was Granted for a pier and boatlift.

On July 18, 2012, a variance to a 1-foot north side yard setback and to a 4.2-foot south side yard setback instead of 15-feet each as required was Deferred with a fee.

SUMMARY OF PROPOSAL: The applicants would like to expand an existing pier and boatlift 7.1-foot from the north side property line and 4.2-feet from the south side property line, instead of 15-feet each as required. Per a previously approved variance, a160-feet pier and boatlift are presently installed 1-foot from the north property line and 7-feet± from the south property line. This pier is installed on a 35-foot wide strip of this property that extends off the east portion of the lot. This portion of the lot is flanked by one adjoining lot to the north and three lots to the south. Each of these lots also has waterfront access to Linkhorn Bay and presently has a pier, boatlift and/or dock installed on them at various points along the shoreline. Staff was unable to establish or identify a hardship with this request. Though the portion of the lot that has access to Linkhorn Bay is narrow, the applicant has a sizable pier and boatlift that appears to accommodate the applicant’s watercrafts. A setback variance was previously granted for the pier and boatlift. This variance alleviated any undue hardship associated with the narrowness of the lot that provides the only access to the Linkhorn Bay. Therefore, staff believes the minimum relief necessary has been granted to have reasonable use of this waterfront property. The granting of this variance is expected to create a detriment to the adjacent waterfront property owners. *Letters of opposition can be found in the file.

Case #3Stephen & Marcella Ryan

September 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: request a variance to a .25 foot front yard (East side) instead of 30 feet as required and to a .25 foot front yard (West side) instead of 5 feet as required and to a 28 foot side yard (North side) instead of 30 feet as required and to waive the Category I Landscaping as required and to waive the gate (West side) as required (Proposed 6 foot Fence) LOCATION: 200 49th Street Lot 188A, The Hollies

Lynnhaven District #5

GPIN: 2418-88-5375 ZONING: R-7.5 YEAR BUILT: under construction AICUZ: noise zone less than 56dB DNL BOARD OF ZONING APPEALS HISTORY: On November 2, 2011, a variance to a 10-foot front yard setback (Atlantic Ave) and to a 20.2-foot front yard setback (Myrtle Ave) and to a 22.6-fooot setback for the side yard adjacent to a street (49th St) instead of 30-feet each as required was Granted with conditions for a single-family dwelling. SUMMARY OF PROPOSAL: The applicants are proposing to install a 6-foot maintenance-free white vinyl fence .25-feet from the property line adjacent to Atlantic Ave and .25-feet from the property line adjacent to Myrtle Ave and 28-feet from the property line adjacent to 49th Street, instead of 30-feet each as required. In addition, the applicants are seeking to waive category I landscaping and gate required along the west side when the fence will be installed within 5-feet of a property line adjacent to a street. A 4-foot white aluminum “wrought iron style” fence is also shown on the site plan. These two sections of the fence will extend 40-linear feet from the proposed 6-foot vinyl fence and run parallel with the east and west property line onto the 49th Street right-of way approximately 10-feet. The plan also shows 3-foot evergreen hedges that will be installed in the right-of way directly adjacent to the 4’ and 6’ fencing, where they are parallel with both the Atlantic Ave and Myrtle Ave. An encroachment agreement will have to be obtained for both the proposed fencing and landscaping that will be installed in the right-of ways. A portion of the 6-foot vinyl fence has been erected along the south property line and it appears to be encroaching on both the east and west side yard setbacks. Consequently, because the fence is perpendicular to streets, a fence permit was not required at this time. A fence permit will be required when and if fencing is erected parallel with a right-of-way.

This request does not meet the intent or spirit of the fence ordinance established to discourage fencing from being installed on a property line adjacent to a street without the appropriate screening. Secondly, staff has traditionally discouraged fencing and any structure from being installed in the right-of-way. An encroachment agreement will be necessary to install the fencing and landscaping as proposed. The Office of Real Estate right-of-way has not been favorable in the past for similar requests and both the Traffic Engineering Division and Planning Department staff has vehemently discouraged any structures or fencing from being installed in a right-of way. Structures and fencing located in the right-of-way has been an ongoing issue for the residents and general public in communities with limited on-street parking. Allowing structures and fencing in the right-of-way creates a detriment to the adjoining property owners such as impeding legal on-street parking and creating traffic visibility issues.

Case #4Garcia Development

September 4, 2013

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: requests a variance to a 13.5 foot front yard setback (South side) instead of 20 feet as required (Proposed Covered Front Porch) and to a ‘0’ foot front yard setback (south side) and to a ‘0’ foot side yard setback adjacent to a street (East side) instead of 5 feet each as required for a 4 foot tall solid fence and to waive the Category I Landscaping as required LOCATION: 201 78th Street Lot B, Cape Henry


GPIN: 2419-67-0939 ZONING: R-5R, RMA YEAR BUILT: 1925 AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: The applicant is seeking a variance for both the construction of a covered, unenclosed front porch as well as to retain an existing solid wood fence. The first variance being requested is to a 13.5-foot front yard setback instead of the 20-feet required for the proposed front porch. The second variance being requested is for a zero-foot front and side corner setback for the existing solid wood fence. In addition the applicant is requesting to waive the Category 1 landscaping requirement as per Section 201(e)(1) of the Zoning Ordinance. The existing fence also exceeds 8-feet in height at certain locations and the applicant has stated that they will correct this condition as to meet the proper height requirements. Also located on site is a 10-foot by 14-foot shed that encroaches in to the required rear yard setback. The applicant states that this shed is to be moved to conform to all applicable zoning requirements. The first variance being requested is to construct a covered, unenclosed front porch that will extend 5.3-feet from towards the front property line and will span 37.3-feet across the front side of the home. The existing dwelling, constructed in 1925, is nonconforming and it is located one-foot inside the required front yard setback. On November 10, 2009 the Zoning Ordinance was amended to provide relief and encourage covered, unenclosed front porches. Under the new regulations the applicant would be permitted to construct a front porch not to exceed a depth of six-feet and width of 12-feet. A variance is required because the applicant desires to extend the proposed porch across the entire width of the front portion of their home. It does not appear that this porch would adversely impact the neighboring properties. It should also be noted that the North Virginia Beach Civic League is not opposed to this portion of the variance request.

The applicant would additionally like to retain an existing 4-foot solid wood fence presently installed in the public right-of-way along 78th Street and Atlantic Avenue. A variance to a 0-foot setback instead of the 5-feet required and to waive the Category 1 landscaping requirement is being requested. Granting this variance would allow the fence to be located on the front and side corner property lines; however the existing fence extends 0.8-feet in in to the public right-of-way along the 78th street and 4.4-feet in to the public right-of-way along Atlantic Avenue. In order for the fence to be located on City property an encroachment agreement is needed from the Department of Real Estate and Right-of-Ways. City records indicate that the existing fence was replaced between 2011 and January of 2013. No permit was obtained for this work. It should be noted that the North Virginia Beach Civic League defers this issue to the board. On January 28, 2013 the applicant received a letter of violation from the Department of Real Estate and Right-of-Ways regarding the placement of landscaping and “No Parking” signs on City property. According to staff, the signs have been removed and landscaping moved, although it appears that the landscaping is still located in the public right-of-way and therefore still in violation. Staff was not able to identify a hardship as per Section 15.2-2309 of the Virginia State Code. Specific to the variance request to retain the existing fencing, staff feels that this is not keeping with the intent and spirit of the fence ordinance that was established to prevent fencing from being installed along the public right-of-way line. Granting a 0-foot setback and waiving the Category 1 landscaping requirement could become detrimental to adjoining property owners as it will interfere with legal on-street parking and become unsightly as the fence deteriorates. Additionally, allowing this request would encourage others in that area to seek variances of this nature without a justifiable hardship and therefore set a negative precedent in this community. If approved the following conditions are recommended:

1. The proposed front porch addition will be constructed in substantial adherence to the submitted site plan, building plan and building elevation.

2. The existing wood fence shall be relocated and reduced in height to meet all requirements as per the Zoning Ordinance, Section 201(e).

3. An encroachment agreement from the Department of Real Estate and Right-of-Ways shall be obtained for any structure or landscaping located in the City right-of-way.

4. The existing 10-foot by 14-foot shed shall be moved to meet all applicable setbacks.

Case #51073 South Bayshore LLC

September 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a building height of 42.5 feet instead of 35 feet as required (Proposed Single Family Dwelling) and to a 14 foot side yard setback (North side) instead of 20 feet as required (Proposed Raised Walkway) LOCATION: 1073 South Bayshore Dr Lots 23 & 24, North Linkhorn Park

Lynnhaven District #5, GPIN: 2418-26-4573 ZONING: R-40, RPA YEAR BUILT: New construction AICUZ: noise zone between 65-70dB DNL CHESAPEAKE BAY PRESERVATION AREA BOARD ACTIONS: on May 23, 2013, a variance was granted with conditions for a single-family dwelling, raised walkway and other associated improvements. SUMMARY OF PROPOSAL: The applicant is proposing to demolish an existing two-story dwelling and construct a new two-story single–family dwelling 42.5-foot in building height, instead of 35-feet in building height as allowed. A raised walkway and platform are also proposed at a 14-foot north side yard setback, instead of 20-feet as required. The topography on this lot changes approximately 7.5-feet from the lowest point to highest point as measured within 7-feet from the proposed foundation of the dwelling. The raised walkway and platform are shown on the northwest portion of the lot and is intended to access a dock to be constructed in the future. According to the Wetland Ordinance, the raised walkway and platform must be elevated at least 3-feet above water, wetlands or marsh. Therefore, the walkway and platform cannot be constructed 16” or below the finished lot grading as necessary to be exempted from meeting the required setbacks. The height variance requested is consistent with the topography differential on this lot when measuring from the lowest point to the highest point of the finished lot grading. Therefore, this request is not expected to create a detriment to the adjoining property owners or surrounding community. However, it appears minor modifications could be made to the proposed walkway and platform to comply with the required side yard setbacks. Though staff acknowledges there are a few mature trees presently located along the shoreline of the northwest portion of the lot; it appears the walkway and platform could be redesigned to avoid inferring with the trees while complying with the required side yard setback. If approved, the following conditions are recommended:

1. The proposed two-story single-family dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations.

2. The proposed walkway and platform shall comply with the required setbacks.

Case #6Earl Burgess

September 4, 2013

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: requests a variance to a 44.16 foot front yard setback (North side) instead of 50 feet as required and to a 19.71 foot side yard setback (West side) instead of 20 feet as required (Proposed First Floor Addition) LOCATION: 1752 River Court Forrest Hills


GPIN: 1499-40-8939 ZONING: R-40, RPA YEAR BUILT: 1962 AICUZ: Less than 65 dB Ldn BOARD OF ZONING APPEALS HISTORY:

On October 7, 1998 a variance of one-foot to a 19-foot side yard setback (East side) instead of 20-feet as required for an accessory structure was Granted.

SUMMARY OF PROPOSAL: The applicant is seeking a variance to the front and west side yard setbacks for a proposed first and second floor addition to the existing single family dwelling. A variance to a 44.16-foot front yard setback instead of 50-feet as required and to a 19.71-foot side yard setback instead of 20-feet as required are being request to accommodate the northwest corner of the proposed addition. The addition would include expanding the existing garage, extending the family room and laundry room and adding a second floor to accommodate two bedrooms and an office space. The existing single-family dwelling was constructed in 1962 and meets all applicable setbacks and zoning requirements for the R-40 district. The proposed addition will extend the footprint of the dwelling approximately 10-feet towards the West side property line and approximately 5.5-feet towards the front property line. The portion of the addition that will encroach in to the required front and side yard setbacks is the northwest corner where the existing one-car garage is being extended to accommodate another vehicle. The remainder of the first floor addition and the entire second floor addition conform to all zoning regulations. The subject lot was created by plat in 1964. At the time of creation, a five-foot portion of the lot along the front property line was dedicated to the City of Virginia Beach for future road widening. This is a condition that is not shared by the adjoining properties. If the front property line remained flush with the adjoining properties, the proposed addition would not require a variance to the front yard setback. Additionally,

staff recognizes that this lot is impacted by the Chesapeake Bay Preservation Act. Administrative approval for the proposed work was granted by the City’s Development Services Center on April 28, 2013. Staff feels this variance should not have an adverse effect on the adjoining properties and it should be noted that staff has received a letter of support from the owners of the properties to the north and west of the subject lot. If approved the following conditions are recommended:

The proposed addition will be constructed in substantial adherence to the submitted site plan, building plans and building elevations.

Case #7DaveChris Enterprises

September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to allow 54 square feet of signage instead of the maximum 11 square fee LOCATION: 223 17th Street Beach District #6 GPIN: 2427-17-6070 ZONING: OR, RMA YEAR BUILT: 1936 AICUZ: 65 – 70 dB Ldn SUMMARY OF PROPOSAL: This variance request is actually to allow a 15 square foot identification sign, rather than the maximum of 11.5 square feet allowed in the Oceanfront Resort District. The 54 square feet of signage originally advertised included the sign in the second story window, which is legally nonconforming and does not require a variance. The window sign is a 40 square foot neon sign. The subject site is a very narrow parcel with a width of 25’ and contains a two -story commercial building with a width of 23’. Under the Oceanfront Resort District sign regulations, the restaurant is entitled to one-half of one square foot per linear foot of building or 11.5 square feet for a unit identification sign. The sign requiring a variance is a 15 square foot neon sign located on the west side in the upper portion of the building. This sign was formerly on the east side of the building where it was a legal sign under the former RT-2 Resort Tourist District zoning. The applicant moved the sign after the City demolished the building that was located adjacent to the west because the west side became visible to cars entering the Oceanfront Area on 17th Street. The sign regulations changed with the adoption of the Oceanfront Resort District and the sign cannot be legally permitted on the west site without a variance, therefore, the applicants are requesting a variance to allow the sign to remain in place. If approved, the following condition should be required: This variance allows the existing 15 square foot neon “Voodoo” sign only.

Case #8Gina Robinson

September 4, 2013

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: requests a variance to allow 1,355.65 square feet in accessory structures instead of 500 square feet as allowed (Proposed One Story Detached garage and Existing Shed) LOCATION: 5040 Madeira Road Lot 112, Lakeview Park

Bayside District #4

GPIN: 1469-81-7276 ZONING: R-40, RMA YEAR BUILT: 1956 AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: The applicant is seeking a variance of 490 square feet in order to allow for 990 square feet of accessory structure on the subject lot instead of the 500 square feet that are allowed per the Zoning Ordinance. The applicant desires to construct a 24-foot by 36-foot (864 square feet) one-story detached garage and workshop as well as to retain an existing 12.2-foot by 10.3-foot (126 square feet) shed on the property. The proposed garage will be a stick built, wood structure with white vinyl siding and architectural shingles matching the color of the roof of the existing single-family dwelling. Currently located on the 42,000 square foot lot is a single-family dwelling constructed in 1956. City records indicate that the dwelling is 1,625 square feet with a 375 square foot attached garage. Zoning regulations would permit the applicant to have 500 square feet of detached accessory structure on the lot. The applicant states that the additional space is required for storage and to work on their personal vehicles. It should be noted that on November 24, 2009 the Zoning Ordinance was amended to allow for more square footage for accessory structures on lots located in the R-30 and R-40 zoning districts. Under the new regulations the allowable square feet for accessory structures in those districts are 500 square feet or 30% of the floor area of the primary dwelling. The existing lot meets all the dimensional requirements for the R-40 zoning district and as such staff was not able to identify a hardship as per Section 15.2-2309 of the Virginia State Code. There appears to be room to add a substantial addition attached to the existing dwelling without requiring a variance; however the applicant states that due to the configuration of the home, an addition to the existing garage would be located in front of the dwelling and therefore be unsightly. The applicant mentions that there are other larger detached structures located in the community. City records indicate that each of these structures referenced by the applicant was built prior to 1988 which is when the City placed specific size limitations on accessory structures.

Staff understands that the floor area of the dwelling is not comparable to conditions typically found in the R-40 zoning district; however feels that asking for additional square footage for an accessory structure given the recent amendment to the Ordinance is not keeping with the intent and spirit of the Zoning Ordinance. It should be noted that staff has received both letters of support and opposition from surrounding properties. If approved the following conditions are recommended:

1. The proposed detached garage will be constructed in substantial adherence to the submitted site plan, building plans and building elevations.

2. The existing 12.2-foot by 10.3-foot shed shall be removed.

Case #10City of Virginia Beach

September 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 3 foot side yard setback (North side) and to a 3 foot rear yard setback (West side) instead of 5 feet each as required and to a ‘0’ foot side yard setback (North side) and to a ‘0’ foot rear yard setback (West side) instead of 5 feet each as required (Proposed Generator and Fence) LOCATION: 1441 Regent University Drive Centerville District #1 GPIN: 1455-76-0771 ZONING: I-1, RMA

The applicant has requested the application to be deferred to October 2, 2013 with a New Application fee and Notification fees

Case #11Home Associates of Virginia Inc

September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 40 foot front yard setback (Southeast side) instead of 55 feet as required and to a 20 foot front yard setback (West side) instead of 50 feet as required (Proposed Single Family Dwelling) LOCATION: Gills Place Lot 1, Avalon on Elizabeth

Centerville District #1

GPIN: 1456-98-7090 ZONING: R-30, RPA YEAR BUILT: Proposed new construction AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: Lot 1 is part of a recently recorded seven lot subdivision that is heavily impacted by the Chesapeake Bay Preservation Area (CBPA) regulations. The applicant was approved to subdivide the site into seven lots, subject to 23 conditions attached to the required CBPA variance granted on April 23, 2012. One of the conditions requires building envelops for each lot designed to keep development away from the most environmentally sensitive areas. The property is zoned R-30, which requires a 50’ setback from a standard street or a 55’ setback from a recently platted 40’ right-of-way. The approved building envelop for Lot 1 requires setback variances to allow a 40’ front yard setback along Gills Place, rather than 55’and to allow a 20’ setback from unimproved Avalon Avenue, rather than 50’ as required. Because Gills Place is a newly created 40’ right-of-way, an extra 5’ setback is required to ensure there is room for all utilities and street trees. With this subdivision, a 5’ Public Utilities easement has been dedicated to accommodate utilities and the street trees will be installed between the back of curb and the right-of-way line, so the reduced setback will work for this subdivision. The setback variances will allow a home to be built on the lot in compliance with the CBPA approval and keep development out of the sensitive Resource Protection Area. If approved, the following condition should be required: Development shall substantially adhere to the submitted plan.

Case #12Home Associates of Virginia Inc

September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 30 foot front yard setback (Southeast side) instead of 55 feet as required (Proposed Single Family Dwelling) LOCATION: Gills Place Lot 2, Avalon on Elizabeth


GPIN: 1456-98-7090 ZONING: R-30, RPA YEAR BUILT: Proposed new construction AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: Lot 2 is part of a recently recorded seven lot subdivision that is heavily impacted by the Chesapeake Bay Preservation Area (CBPA) regulations. The applicant was approved to subdivide the site into seven lots, subject to 23 conditions attached to the required CBPA variance granted on April 23, 2012. One of the conditions requires building envelops for each lot designed to keep development away from the most environmentally sensitive areas. The property is zoned R-30, which requires a 50’ setback from a standard street or a 55’ setback from a recently platted 40’ right-of-way. The approved building envelop for Lot 2 requires a setback variance to allow a 30’ front yard setback from Gills Place, rather than 55’ as required. Because Gills Place is a newly created 40’ right-of-way, an extra 5’ setback is required to ensure there is room for all utilities and street trees. With this subdivision, a 5’ Public Utilities easement has been dedicated to accommodate utilities and the street trees will be installed between the back of curb and the right-of-way line, so the reduced setback will work for this subdivision. The setback variance will allow a home to be built on the lot in compliance with the CBPA approval and keep development out of the sensitive Resource Protection Area. If approved, the following condition should be required: Development shall substantially adhere to the submitted plan.

Case #13Homes Associates of Virginia Inc

September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 30 foot front yard setback (South side) instead of 55 feet as required (Proposed Single Family Dwelling LOCATION: Gills Place Lot 3, Avalon on Elizabeth




September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 30 foot front yard setback (South side) instead of 55 feet as required (Proposed Single Family Dwelling) LOCATION: Gills Place Lot 4, Avalon on Elizabeth




September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 30 foot front yard setback (South side) instead of 55 feet as required (Proposed Single Family Dwelling) LOCATION: Gills Place Lot 5, Avalon on Elizabeth


GPIN: 1456-98-7090 ZONING: R-30, RPA YEAR BUILT: Proposed new construction AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: Lot 5 is part of a recently recorded seven lot subdivision that is heavily impacted by the Chesapeake Bay Preservation Area (CBPA) regulations. The applicant was approved to subdivide the site into seven lots, subject to 23 conditions attached to the required CBPA variance granted on April 23, 2012. One of the conditions requires building envelops for each lot designed to keep development away from the most environmentally sensitive areas. The property is zoned R-30, which requires a 50’ setback from a standard street or a 55’ setback from a recently platted 40’ right-of-way. Since this lot is located entirely on the cul-de-sac, which has a 50’ radius right-of-way, the required setback is 50’. The approved building envelop for Lot 5 requires a setback variance to allow a 30’ front yard setback from Gills Place, rather than 50’ as required. The setback variance will allow a home to be built on the lot in compliance with the CBPA approval and keep development out of the sensitive Resource Protection Area. If approved, the following condition should be required: Development shall substantially adhere to the submitted plan.


September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 40 foot front yard setback (North side) instead of 55 feet as required (Proposed Single Family Dwelling) LOCATION: Gills Place Lot 7, Avalon on Elizabeth


GPIN: 1456-98-7090 ZONING: R-30, RPA YEAR BUILT: Proposed new construction AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: Lot 7 is part of a recently recorded seven lot subdivision that is heavily impacted by the Chesapeake Bay Preservation Area (CBPA) regulations. The applicant was approved to subdivide the site into seven lots, subject to 23 conditions attached to the required CBPA variance granted on April 23, 2012. One of the conditions requires building envelops for each lot designed to keep development away from the most environmentally sensitive areas. The property is zoned R-30, which requires a 50’ setback from a standard street or a 55’ setback from a recently platted 40’ right-of-way. Since this lot is located partially on the cul-de-sac, which has a 50’ radius right-of-way the required setback for that portion of the lot is 50’. The frontage along the 40’ right-or-way has a 55’ setback. The approved building envelop for Lot 7 requires a setback variance to allow a 40’ front yard setback from Gills Place, rather than 55’ and 50’, as required. Because Gills Place is a newly created 40’ right-of-way, an extra 5’ setback is required to ensure there is room for all utilities and street trees. With this subdivision, a 5’ Public Utilities easement has been dedicated to accommodate utilities and the street trees will be installed between the back of curb and the right-of-way line, so the reduced’ setback will work for this subdivision. The setback variance will allow a home to be built on the lot in compliance with the CBPA approval and keep development out of the sensitive Resource Protection Area. If approved, the following condition should be required: Development shall substantially adhere to the submitted plan.

Case #17WSTL, LLC

September 4, 2013

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance of 26 square feet per face (2 faces allowed totaling 52 square feet) instead of 32 square feet per face and 2 faces allowed totaling 104 square feet LOCATION: 2712 North Mall Drive Rose Hall District #3 GPIN: 1496-47-4681 ZONING: B-2, RMA YEAR BUILT: 1988 AICUZ: Greater than 75 dB Ldn and APZ-2 SUMMARY OF PROPOSAL: The subject site is an existing 1.5 acre commercial center with three tenants. The center has one entrance off Phoenix Drive and one off North Mall Drive. The sign regulations allow the center to have one freestanding sign with 32 square feet of surface area per face for a total of 64 square feet. The applicant has an existing free standing sign advertising two of the tenants. At this time, the applicant would like to add an additional 20 square foot panel to advertise the third tenant; “Sleepy’s.” The freestanding sign would then have 58 square feet of signage per face for a total of 116 square feet of signage. A variance is being requested to allow a freestanding sign with two faces totaling 116 square, rather than 64 square feet as permitted. The applicant feels that the larger sign is justified because Section 905(b) of the City Zoning Ordinance allows commercial centers with over 40,000 square feet of land area and five or more establishments to have a center identification sign at each entrance with two faces each and each face can be 100 square feet. Under this scenario, if the center had five smaller tenants instead of three large tenants, it could have a total of 400 square feet of freestanding signage verses the 116 square feet proposed. Staff notes that the sign regulations have specific design requirements for signs containing tenant names that the proposed sign does not meet. Therefore, in order to ensure that the appearance of the sign remains acceptable, the following condition is recommended if this variance request is approved:

The freestanding sign for this center shall substantially adhere to the submitted sign plan showing a maximum of three tenants and have a maximum of 58 square feet per sign face. The third advertising cabinet shall be installed to align with the two existing cabinets, subject to the approval of the Zoning Inspector.

Case #18Steven Leisten

September 4, 2013

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 9.2 foot side yard setback adjacent to a street (Raleigh Avenue) instead of 10 feet as previously granted by the Board of Zoning Appeals on June 16, 2004 (Existing Single Family Dwelling) and to a 5 foot side yard setback adjacent to a street (Raleigh Avenue) (Proposed Arbor) and to a 16 foot side yard setback adjacent to a street (Raleigh Avenue) instead of 18 feet each as required and to a 13 foot rear yard setback (Southwest side) (Proposed Pergola) and to a 9.45 foot rear yard setback (Southwest side) (Proposed Stairs and Landing) and to a 13 foot rear yard setback (Southwest side) (Existing 2nd Floor Decking) instead of 20 feet each as required and to allow 67.3% impervious coverage instead of 60% as required LOCATION: 3971 West Stratford Road Lot 1, Ocean Park

Bayside District #4

GPIN: 1489-19-8699 ZONING: R-5R (SD), RMA YEAR BUILT: 2008 AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY:

On June 16, 2004 variances to a 10 foot front yard setback (Stratford Ave) and to a 10 foot setback adjacent to (Raleigh Ave) a street, and to a 10 foot rear yard (southeast) setback, instead of 20 feet each as required was Granted for a three-story single-family dwelling.

On October 18, 2006 a variance to a 10 foot rear yard setback (Southwest side) instead of 10 feet as previously approved by the Board of Zoning Appeal on June 16, 2004 and to waive the condition that the house shall be developed substantially in keeping with the submitted site plan and building elevations which were approved at the June 16, 2004 Board of Zoning Appeals hearing for a proposed 3-story single-family dwelling

SUMMARY OF PROPOSAL: The applicant is requesting variances for the following improvements:

A variance to a 9.2-ft side yard setback adjacent to Raleigh Ave, instead of 10-ft as previously granted by the BZA on June 16, 20004 for the existing single-family dwelling

A variance to a 5-ft side yard setback adjacent to Raleigh Ave, instead of18-ft as required for a proposed arbor

A variance to a 16-ft southwest side yard setback adjacent to Raleigh Ave, instead of 18-ft as required for a proposed pergola

A variance to a 9.45-ft rear yard setback instead of 20-ft as required for a proposed stair and landing

A variance to a 13-ft rear yard setback, instead of 20-ft as required for a proposed instead of 20-ft for an existing 2nd floor decking

A variance to allow 67.3% in impervious cover instead of 60% in impervious cover as allowed

Staff understands this pie shaped lot is slightly below (300sq ft) the minimum lot area required for this zoning district and staff further recognizes the majority of the setback variances are being sought are from (Raleigh Ave) a heavily wooded unimproved right-of way. However, several variances have been previously granted for this lot that has allowed a single-family dwelling with two decks to be constructed. When considering the variances previously granted, it appears the minimum setback relief has been awarded to allow a reasonable size dwelling with improvements comparable to other dwellings in the same vicinity. Staff believes allowing this request will set a negative precedent and encourage others to seek variance requests of this nature.

Case #A1Roving Auto

September 4, 2013

APPEAL DESCRIPTION: requests an appeal of the Zoning Administrator’s letter dated May 15, 2013 pertaining to the conditions of a conditional use permit granted on July 14, 2009 LOCATION: 300 South Rosemont Road Beach District #6 GPIN: 1487-60-7775 ZONING: B-2, RMA

case #1 darrell fender · 9/4/2013 · case #1 darrell fender september 4, 2013 prepared by: chris...

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