Case #1 Jerry & Amy Frostick August 3, 2011

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1 PREPARED BY: STEPHEN WHITE Case #1 Jerry & Amy Frostick DESCRIPTION OF REQUEST: request a variance to an 8.9 foot front yard setback and to an 8.9 foot setback for side yards adjacent to a street (East Stratford Road) instead of 35 feet each as required (Proposed 2 Story Entry Addition and Window Awnings) LOCATION: 3601 Shore Drive Lots 4 & 5, Ocean Park Bayside District #4 GPIN: ZONING: B-4(SD), RMA YEAR BUILT: 1917 (major renovation in 1999) AICUZ: N/A SUMMARY OF PROPOSAL: The subject property consists of an existing twostory structure that has most recently been used as a multi-tenant office building. The applicants plan to renovate the building interior and exterior for the purpose of using the building as an office for their business. The renovations to the exterior consist primarily of cosmetic enhancements, except for the addition of a new entrance tower feature at the corner of the building where the primary entrance door is located. The size of the tower is proposed as 8-4 x 8-4 with a height of 30 feet to the eave of the tower roof. That eave height is approximately two feet higher than the existing roof peak. Considered together, these dimensions result in the addition maintaining a good scale and proportion of the proposed entrance tower feature with the existing building. The applicants note that the addition of the tower is intended to bring the building into greater consistency with the Shore Drive Design Guidelines, which were adopted by the City Council in The following recommendations from the Guidelines encourage features such as the proposed tower: Facades greater than 50 feet in length, measured horizontally, visible from a public street, should incorporate wall plane projections or recesses having a depth of at least three feet to break up the expansiveness of the exterior, (Shore Drive Design Guidelines, 2002, p. 16). Buildings should have clearly defined entrances featuring canopies, awnings, recesses, covered porches and/or peaked roof forms, (p. 16). The existing building is situated on the site in a way that the setback from Shore Drive is 24.9 feet at the farthest and 20.5 feet at the closest. The setback on East Stratford Drive is 15.8 at the farthest and 14.8 at the closest. Since this building is located on a corner, the required setback on both sides is 35 feet. As the building was constructed in 1917, the 35-foot requirement has never been satisfied. The setback at the corner of the building where the primary entrance is located is 15.5 feet. The tower feature will

2 be 6.6 feet closer to the property line, resulting in a setback of 8.9 feet. Since the new setback that results from the construction of the entrance feature does not meet the requirement of 35 feet, a variance would have to be granted prior to any building permits being issued. If approved, the following conditions should be included: 1. The building shall be constructed in substantial conformance with the submitted architectural elevation plans, entitled J&A Racing, 3601 Shore Drive, Virginia Beach, VA 23451, Elevations Exterior, Sheet Numbers A3.1 and A3.2, by Ionic Dezign Studios, and dated June 8, Signage shown on the submitted plans and renderings is not approved as part of this setback variance request. Signs for the site must meet the requirements of the City Zoning Ordinance.

3 Case #2 PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 2 foot setback for side yards adjacent to a street (Arctic Avenue) and to a 19 foot rear yard setback (North side) instead of 20 feet each as required (Proposed Addition) LOCATION: nd Street Beach District #6 GPIN: ZONING: RT-3, RMA YEAR BUILT: 1914 AICUZ: noise zone 60-75dB DNL SUMMARY OF PROPOSAL: The applicant is proposing to construct a 576 square foot one-story room addition on the north east portion of an existing single-family dwelling. Variance requests to a 2-foot setback from the property line adjacent to Arctic Avenue and to a 19-foot rear yard setback instead of 20-feet each as required are sought with these proposals. The existing dwelling is nonconforming in respects to the front and side corner setbacks and the lot is nonconforming in respects to the minimum (5,000 square feet) lot area required in this zoning district. The proposed addition will align with the existing dwelling, where it is parallel with Arctic Avenue as depicted on the building elevations, the room addition will be accessible from both the east and west sides of the addition. Additionally, the exterior of the addition will match the exterior of the existing dwelling. The applicant notes he intends on utilizing the proposed addition for a family member who will soon move into the home. This dwelling is not located in the Old Beach Overlay District (OBOD); however, it closely borders the OBOD boundary line. Due to its proximity to the OBOD, staff strongly encourages the applicant to incorporate the Old Beach Design Guidelines in the design of the addition as well as increase the proposed setback from Arctic Ave. Because the existing dwelling is only 2-foot from the property line adjacent to Arcitic Avenue, it will be more desirable to increase the setback from the property line adjacent to a street (Arctic Avenue). Therefore, staff is recommending the proposed addition be shifted a minimum of 3-feet towards the east to create a wall projection along the east side. Recessing the wall of the proposed addition in from the east side wall of the existing dwelling will be in keeping with the Old Beach Design Guidelines as well as increase the setback to a 5-foot setback from the property line adjacent to Arctic Avenue. It will also provide a break along the wall plane that would otherwise be a continuous 53-foot long wall, where it will be parallel with Arctic Ave. Staff believes constructing one continuous wall would diminish the architectural interest along the east side of the home and would be counterproductive in accomplishing the architectural character the Old Beach Design Guidelines are trying to achieve in this community. In addition, staff recommends the proposed addition comply with the minimum 20-

4 foot rear yard setback. This minor modification to the proposed addition is not expected to significantly impact this proposal. Furthermore, a hardship to grant setback relief for the rear yard setback has not been identified or demonstrated with this request. If constructed as recommended, staff does not expect this proposal to create a detriment to the adjoining property owners or surrounding community. If approved, the following conditions are recommended: 1. The proposed one-story addition shall be recessed in a minimum 3-feet from the east wall of the existing dwelling and maintain a minimum 5-foot from the property line adjacent to Arctic Avenue. 2. The proposed addition shall comply with the required 20-foot rear yard setback. 3. Building materials and colors compatible with the existing dwelling shall be used to construct the proposed addition.

5 PREPARED BY: CHRIS LANGASTER Case #3 Michael & Mary Taylor DESCRIPTION OF REQUEST: request a variance to a 19 foot front yard setback (Chesapeake Bay Drive) instead of 20 feet as required and to a 14 foot setback for side yards adjacent to a street (Woodlawn Avenue) instead of 18 feet as required and to 40 feet in building height instead of 35 feet in building height as allowed (Proposed 3 Story Dwelling) LOCATION: 3808 Jefferson Boulevard Lot 14, Ocean Park Bayside District #4 GPIN: ZONING: R-5R(SD), RMA/RPA YEAR BUILT: New construction AICUZ: noise zone less than 65db DNL SUMMARY OF PROPOSAL: The applicants are proposing to demolish an existing two-story single-family dwelling and construct a three-story single-family dwelling. Variance requests to a 19-foot front yard setback instead of 20-feet as required, and to a 14-foot side yard setback instead of 18-feet as required when adjacent to a street, and to allow 40-feet in building height instead of 35-feet in building height are sought with this proposal. This lot fronts three streets, however, only Jefferson Boulevard is improved where it intersects with the lot. Neither Woodlawn Avenue nor Chesapeake Bay Drive is presently improved where it intersects with this lot and staff does not expect either of these streets will be improved in the future. The existing single-family dwelling slightly encroaches across the property line adjacent to Jefferson Boulevard. The new dwelling will maintain a 20-foot setback from the property line adjacent to Jefferson Boulevard; however a very minor portion of the new dwelling will encroach onto the required 18-foot setback from the property line adjacent to Woodlawn Avenue. The height variance sought with this proposal is consistent with the lot grading changes. From the lowest point of the lot grading to the highest point of lot grading; the elevation of the lot changes approximately 5-feet. Therefore, the request to allow 40-feet in building height is reasonable when considering the hardship created by the significant elevation changes on this lot. Although, the request to a 19-foot setback from the property line adjacent to Chesapeake Bay Drive is minor in nature, it is staff s opinion the required 20-foot setback could be met with some minor modifications (6 reduction) to the proposing decking. If approved, the following conditions are recommended: 1. The proposed three-story dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations. 2. The proposed dwelling/decking shall comply with the required 20-foot minimum setback from the property line adjacent to Chesapeake Bay Drive. 3. In accordance with Section 203 of the City Zoning Ordinance, two 9 x 18 on-site parking spaces with all weather surfaces shall be installed.

6 PREPARED BY: KAREN LASLEY Case #4 Jose Amaro DESCRIPTION OF REQUEST: requests a variance to a 4.25 foot side yard setback (Southwest side) instead of 5 feet as required and to an 8.7 foot rear yard setback (Northeast side) instead of 10 feet as required (Existing 2 Story Garage) LOCATION: 3832 Aberdeen Court Lot 37, Green Run Rose Hall District #3 GPIN: ZONING: PDH-1, RMA YEAR BUILT: The single-family home was built in The detached 2-story shed was recently constructed. AICUZ: Less than 65 db DNL SUMMARY OF PROPOSAL: The applicant obtained a building permit in May 2011 to construct a 2-story detached storage shed with a 5 side yard setback on the west side and a 10 rear yard setback. The shed was inadvertently built with a 4.25 side yard setback on the west side and an 8.7 rear yard setback. The error was caught by the Building Inspector. The applicant is requesting a variance to allow the detached structure to remain at its current location. Mr. Amaro has submitted a letter from the neighbor adjacent to the west in support of the request. If approved, the following condition should be required: Approval is for the life of the existing shed only.

7 PREPARED BY: CHRIS LANGASTER Case #5 Sidney & Vicki Rader DESCRIPTION OF REQUEST: request a variance to a 5 foot side yard setback (North side) instead of 10 feet as required (Proposed Generator) LOCATION: 641 Piney Point Road Lot 19, Thalia Shores Lynnhaven District #5 GPIN: ZONING: R-15, RPA YEAR BUILT: 1974 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicants wish to install a 20kW generator 5-foot from the north side property line, instead of 10-feet as required. The generator will be located on the north side and near the front of the existing dwelling east of the existing HVAC units. Presently, a 4 / 6 vinyl fence is installed along the side property line where the property adjoins the neighboring lot to the north. The generator will be positioned behind the 6-foot portion of the fence and forward of the adjacent dwelling to the north. This natural gas 20kW generator will produce noise levels of 68dB during peak operation. These noise levels are comparable to an air conditioner unit or common kitchen appliances. According to the operators manual, as a general maintenance requirement, this generator must be tested every seven days. During this testing/ exercise period, the unit will run approximately 20 minutes and shut off automatically. This generator will produce low noise levels and will be screened from the adjoining lot by a 6-foot (vinyl) maintenance-free fence. This will not only screen the generator from view, it will also deflect any noise created when in operation. Therefore, this proposal is not expected to interfere or create a detriment to any of the adjoining property owner(s). If approved, the following conditions are recommended: 1. The proposed Briggs & Stratton 18/20kW natural gas generator shall be installed in substantial adherence to the submitted site plan. 2. All required testing/exercise periods shall not exceed 20 minutes in duration and will only be performed Monday Friday between the hours of 9am to 5pm, unless these times conflicts with the neighbor to the east. Should a conflict arise; the homeowner shall program the timer to perform testing/exercises when it is more convenient with the neighbor to the east. 3. To further mitigate any noise produced by the generator, category I landscaping or shrubs/landscaping acceptable to the Zoning Administrator or her designee shall be installed, where possible, between the generator and north side property line. 4. A minimum 6- foot fence and approved landscaping shall be maintained between the generator and the east side property line as long as the generator is in operation.

8 PREPARED BY: CHRIS LANGASTER Case #7 John & Cheryl Babcock DESCRIPTION OF REQUEST: request a variance to a 14.3 foot rear yard setback (Southwest side) instead of 20 feet as required (Proposed Cabana) LOCATION: 158 Pinewood Road Lot 160, Linkhorn Park Beach District #6 GPIN: ZONING: R-40, RMA YEAR BUILT: 1953 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicants are proposing to install an x cabana 14.3-foot from the rear property instead of 20-feet as required. The proposed cabana will be installed above an existing concrete patio and outdoor bar/grill. This lot is nonconforming in respects to the minimum lot area and the dwelling is a nonconforming dwelling in respects to the front yard setback. *A shed is shown on the site plan on the northwest corner of the lot; however, it appears the shed has been removed. This lot is narrow and the rear yard backs up to a golf course. Although, it does appear this request will not impact any directly adjacent homeowners; staff has not identified a hardship with this request. After reviewing earlier aerial maps of this site, it appears a trellis was once installed within the patio area in questioned. It is believed the previous trellis complied with all of the required setbacks. Staff believes the proposed cabana or a covered area could be installed without encroaching on the required rear yard setback. It is recommended the applicant consider shifting the proposed cabana towards the rear of the dwelling, rather than towards the rear property line. This would allow the cabana to extend from the house approximately 16-feet without encroaching onto the rear yard setback. Should this option be considered, a reasonable size cabana or covered outdoor area could be provided without granting the rear yard setback relief requested.

9 PREPARED BY: STEPHEN WHITE Case #8 Diamond Springs Condo Assoc. DESCRIPTION OF REQUEST: requests a variance to a 2 foot front yard setback (Hampshire Lane) instead of 30 feet as required (Proposed/Existing 6 foot Tall Privacy Fence) LOCATION: 899 Zircon Court Diamond Springs Condos Kempsville District #2 GPIN: ZONING: A-18, RMA YEAR BUILT: 1988 AICUZ: N/A SUMMARY OF PROPOSAL: The subject property was developed in 1988 with multi-family quad buildings consisting of 84 dwelling units in a condominium form of ownership. There are 32 units located on a parcel north of Hampshire Lane and 52 additional units on a parcel south of Hampshire Lane. The primary recreational amenity for the condominium community is a swimming pool located on the northern parcel, immediately adjacent to the intersection of Hampshire Lane and Zircon Court. The swimming pool is enclosed by a four-foot high wood picket fence on all sides except the side parallel to Hampshire Lane, which consists of a six-foot high wood privacy fence located two feet from the right-of-way line. When the community was initially developed, this six-foot high section was the same as the four-foot high section (as evidenced by the similar height and type of brick columns supporting both types), and thus met the requirement in the City Zoning Ordinance that fences within the front yard not exceed four feet in height. At some point in time, in an effort to provide a greater degree of privacy for patrons of the pool, the four-foot section adjacent to the pool was replaced with the current sixfoot high privacy fence; however, since that section of fence exceeds four feet in height and is located in the front yard of this parcel, it is required to meet the 30 foot setback as required in the A-12 Apartment District unless a variance is granted. The applicant indicates that the four-foot sections of fence enclosing the pool area have proven to be an inadequate means of securing the pool from unauthorized persons as well as preventing neighborhood children from entering the pool and being injured when there is no attendant. As an example, the applicant states that in 2010, the pool was vandalized by individuals who easily accessed the pool by jumping over the four-foot tall fence. The applicant, therefore, desires to replace the four-foot sections with the same six-foot high section that parallels Hampshire Lane. These new six-foot high sections will connect with the existing six-foot high section. Since the existing six-foot high section does not meet the front yard setback, a building permit allowing the replacement of the four-foot high sections and their connection to the existing six-foot high section cannot be issued unless a variance to a two foot front yard setback instead of the required 30 feet granted.

10 For visibility purposes at the intersection of Hampshire Lane and Zircon Court, the existing six-foot high fence section parallel to Hampshire Lane stops approximately ten feet from the Zircon Court. However, the visibility for stopped vehicles attempting to exit Zircon Court remains impeded by three six-foot tall shrubs planted in the visibility triangle. If approved, the following condition should be required: The three six-foot tall shrubs located at the eastern corner of the intersection of Zircon Court and Hampshire Lane, adjacent to the six-foot high privacy fence shall be trimmed to a height not to exceed three-feet in height to ensure maximum visibility for vehicles attempting to exit Zircon Court.

11 PREPARED BY: STEPHEN WHITE Case #9 City of Virginia Beach DESCRIPTION OF REQUEST: requests a variance to a 5 foot setback (Princess Anne Road) instead of 10 feet as required and to 24 square feet in total signage instead of 12 square feet in total signage as allowed (Proposed Monument Sign) LOCATION: 4840 Princess Anne Road Kempsville Greens Kempsville District #2 GPIN: ZONING: P-1 (PDH-2), RMA YEAR BUILT: 1957 (renovated in 1989) AICUZ: Less than 65 SUMMARY OF PROPOSAL: The subject site is occupied by the Kempsville Greens Golf Course, which is a fully-leased facility owned by the City of Virginia Beach. Due to the P-1 Preservation zoning of the site, signage is limited to one sign of 12 square feet in area, which cannot be closer than ten feet to the right-of-way line, or higher than eight feet. The applicant notes that the existing sign on the site that meets the P-1 sign regulations is difficult to read while driving by at the posted 45 miles per hour on Princess Anne Road, and is, overall, inadequate for the golf course. The applicant, therefore, desires to replace the existing sign with a new monument-style sign that will help better identify the facility. The proposed sign consists of a 2-11 high brick base that is 9-9¼ wide and 2-0¾ deep. Two 4-4½ high brick columns rest on the base and flank a double-sided sign, which consists of the name of the facility and four lines of changeable copy letter area. The total sign area is 24 square feet. The sign will not be internally lit. The sign will be located within a new landscaped island created from an existing parking space. The closest side of the sign will be five feet from the right-of-way line instead of the ten feet required in the P-1 Preservation District. The applicant notes that a sign of this type, size, and location will allow the long name of the golf course to be easily readable by passing vehicles through the use of a letter size that has been shown to be suitable for vehicles passing by at 45 miles per hour. The applicant further notes that the changeable copy portion of the new sign will also enhance the potential for revenue generation through the use of the changeable copy portion of the sign, which will notify the public of events and specials occurring at the course. To construct the sign as proposed, a variance to a fivefoot setback instead of ten feet as required is necessary, as well as a variance to 24 square feet in total signage instead of the 12 square feet as allowed in the P-1 District. If approved, the following condition should be included: The sign shall be located and constructed substantially as shown on the submitted plans, entitled Entrance Sign for Kempsville Greens Golf Course, City of Virginia Beach, Department of Parks and Recreation, Sheets 1 of 3, 2 of 3, and 3 of 3, dated April 12, 2011.

12 Case #D-1 John Probst PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to an 8 foot setback for side yards adjacent to a street (Cypress Avenue) instead of 10 feet as required (Proposed Single Family Dwelling) LOCATION: th Street Lot C1 Beach District #6 GPIN: ZONING: R-5D(OB), RPA YEAR BUILT: Existing home built in Proposed new construction. AICUZ: db DNL APPLICATION HISTORY: This application was deferred by the Board of Zoning Appeals on July 6, 2011 because the final plat was not recorded. SUMMARY OF PROPOSAL: The applicant recently resubdivided this site, zoned R-5D Residential Duplex District, into two lots, each measuring 140 by 47.5 and containing 6,650 square feet each. Rather than building a duplex on each lot, it is the desire of the applicant to use an option available only in the Old Beach Overlay District. In this overlay district, a lot containing a minimum of 5,000 square feet with a width of at least 40 may be developed with a single-family detached home and a second ancillary single-family detached home on the same lot. Submitted plans show that the two lots will be developed into four dwellings. The two lots are impacted by the Chesapeake Bay Preservation Area (CBPA) Act and the CBPA Board approved this request with 17 conditions on February 28, The applicant has also shown the proposal to the Old Beach Advisory Board and they are in general support of the project. The Old Beach Advisory Group requests that the architectural plans be revised to show carriage style garage doors and unenclosed porches with a minimum depth of 5 from the exterior wall of the main structure to the exterior edge of the porch foundation. At this time, the applicant is asking the Board of Zoning Appeals for a variance to allow an 8 side yard setback from unimproved Cypress Avenue, rather than 10 as required for dwellings in the Old Beach Overlay District that meet the Old Beach Design Guidelines. The applicant feels that the variance is justified because the Cypress Avenue right-of-way adjacent to the site will not be improved since over half the width is wetland marsh grass. With the resubdivision, the applicant has increased the width of the lot that requires a variance from 25 to 47.5, improving the building footprint. If approved, the following condition should be required: The development shall substantially adhere to the submitted site plan and the architectural elevations with changes recommended by the Old Beach Advisory Group.

13 Case #A-1 Michael Megge APPEAL REQUEST: requests an appeal of the Zoning Administrator s letter dated May 4, 2011 pertaining to a municipal dredged material transfer facility on Maple Street on Long Creek