Case #1 Phillip Stewart May 6, 2015

Transcription

1 PREPARED BY: CHRIS LANGASTER Case #1 Phillip Stewart DESCRIPTION OF REQUEST: requests a variance to a 28 foot front yard setback (West) and to a 21 foot side yard adjacent to a street (Tuna Lane) instead of 30 feet each as required for existing decking, landings and stairs LOCATION: Lot 22, Sandbridge 205 Tuna Lane Princess Anne District #7 GPIN: ZONING: R-10 YEAR BUILT: 1978 AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Phillip Stewart SUMMARY OF PROPOSAL: The applicant would like to replace existing decking presently located 28-feet from the property line adjacent to Sandpiper Road and 21-feet from the property line adjacent to Tuna Lane, instead of 30-feet each as required. The existing decking has some visible damage to the deck boards and the structural integrity appears to be deficient. At this time, the applicant will only replace the existing deck boards and the staircase located on the west side along Sandpiper Rd will remain in place. The applicant believes the deck was constructed at the time the dwelling was built in 1978, at which time the required setback from a property line adjacent to a street was 20-feet. After reviewing both city maps and records, staff was unable to determine when this deck was constructed nor confirm the nonconforming status of the decking. Consequently, it s the opinion of staff that it is not likely the decking was constructed with the dwelling and therefore was constructed in violation of the required setbacks.

2 CONSIDERATIONS: The existing decking will not be expanded nor will the setback decrease with this proposal Because the decking has existed for some time, this request is not expected to create a detriment to the adjoining property owners It appears the decking was built in the required setback and is presently in violation The proposed improvements will comply with the required Building Code requirements RECOMMNENDED CONDITIONS: 1. Only the existing deck boards shall be replaced. The existing deck shall not be expanded or alternated without further consideration from the Board of Zoning Appeals. 2. A building permit shall be obtained prior to commencing with any improvements to the existing decking

3 PREPARED BY: KAREN LASLEY Case #2 Jerry and Malinda Simmons DESCRIPTION OF REQUEST: request a variance to a 0.9 foot side yard setback (Northwest) instead of 10 feet as required and to a 4.3 foot setback adjacent to Learning Circle instead of 30 feet as required for an existing covered deck; and to a 20 foot setback adjacent to Learning Circle instead of 30 feet as required for an existing shed; and to a 1.5 foot setback adjacent to Learning Circle instead of 5 feet as required and to waive the Category I Landscaping as required for an existing privacy fence LOCATION: 5426 Woburn Lane Lot 14 Bayside District #4 GPIN: ZONING: A-12, RMA YEAR BUILT: 1986 AICUZ: Less than 65 db LDN REPRESENTATIVE: Jerry and Malinda Simmons SUMMARY OF PROPOSAL: The subject site is an end unit townhome constructed in 1986 and owned by the applicants for the past 25 years. The subject site has double frontage with Woburn Lane on the front and Learning Circle to the rear. When the townhome lots on this southeast side of Woburn Lane were platted, Learning Circle did not exist. Learning Circle was platted in 2008, resulting in double frontage for the Woburn Lane town homes. Improvements have been made in the rear yard of the subject site over the years that do not meet zoning requirements and variances are being requested as follows to allow the improvements to remain in place: To a 0.9 side yard setback on the northwest side, instead of 10 as required and to a 4.3 setback from Learning Circle instead of 30 as required for an existing covered deck. To a 20 setback from Learning Circle instead of 30 as required for and existing 4.1 by 8.1 shed. Satellite imagery shows that this shed was erected sometime after February 18, To permit an existing 6 vinyl fence to remain with a 1.5 setback from

4 Learning Circle instead of 5 as required and to waive the Category I landscaping as required on the outside of the fence. Satellite imagery shows that the fence was erected after Satellite imagery confirms the applicants position that the larger shed has existed since before 2008, making that structure nonconforming for the currently required 30 setback from Learning Circle. CONSIDERATIONS: City records show that no building permits were obtained for any of the rear yard improvements. The dedication in 2008 of public right-of-way for Learning Circle significantly impacted the ability of all the town homes on this southeast side of Woburn Lane to place structures in their rear yards, which are only about deep. Without Learning Circle, the rear setback for these lots would be 20 and there would be a 5 rear setback for accessory structures less than 150 square feet and having an eave height no greater than 8. Approval of the variances would be recurring in nature. All of the town homes along the southeast side of Woburn Lane are similarly situated. CONDITIONS: If approved, the following condition should be required - Approval is for the life of the existing improvements only.

5 PREPARED BY: KAREN LASLEY Case #3 Parks & Recreation DESCRIPTION OF REQUEST: requests a variance to allow a proposed freestanding sign to be mounted 6 feet from the property line fronting the street instead of 10 feet as required; and to permit 104 square feet of signage instead of 12 square feet as allowed; and to permit a total freestanding height of 10.5 feet instead of 8 feet as allowed LOCATION: 3427 Club House Road Rose Hall District #4 GPIN: ZONING: P-1, RMA YEAR BUILT: New Recreation Center 2015 Proposed construction of a new freestanding sign AICUZ: db DNL REPRESENTATIVE: Barbara Duke of Parks & Recreation SUMMARY OF PROPOSAL: This 124 acre site zoned P-1 Preservation District is home to the new Bow Creek Recreation Center and the Bow Creek Golf Course. The P-1 District was established primarily for parks and open space areas and allows only one 12 square foot sign with a maximum height of 8 feet above ground level. Signs in the P-1 District are also required to have a 10 front setback. This 124 acre park site is unique in that it has both a large public recreation center, a playground and a public golf course. The new Bow Creek Recreation Center has just been open to the public and the City s Department of Parks and Recreation would like to construct a new freestanding, monument-style sign at the entrance on Club House Road. The proposed sign requires the following variances: 1. A variance to allow the sign to have two faces with 52 square feet per face for a total of 104 square feet of signage, rather than the maximum of 12 square feet permitted. 2. A variance to allow the freestanding sign to have a 6 front yard setback, rather than 10 as required. 3. A variance to allow the freestanding sign to have a height of 10.5 feet instead of the maximum 8 permitted.

6 A sign plan has been submitted showing an attractive brick monument sign with internal illumination. A portion of the sign face will be a changeable copy marquee where information on classes, special programs and operating hours will be posted for the recreation center, golf course and playground. CONSIDERATIONS: The intent of the P-1 Preservation District is to preserve lands of special environmental concern such as parklands, wilderness areas, open spaces, green belts, beach reserves, scenic areas, floodplains and wetlands. The Bow Creek site is unique in the P-1 Preservation District - containing a recreation center, playground and a golf course. Consideration should be given to allow more signage for such a large 124 acre site with multiple uses There is only one public entrance to this large recreation center/golf course site and the sign will be located at this single entrance. This recreation site is located in a single-family neighborhood and the sign should be compatible with the residential area and on a scale that fits into the neighborhood. The applicants have worked to design a sign that meets the needs of this large, multi-use recreational complex, matches the architecture of the new recreation center and complements the residential scale of the neighborhood. CONDITIONS: If approved the following condition should be required - The sign shall substantially adhere to the submitted site plan and sign plan.

7 PREPARED BY: CHRIS LANGASTER Case #4 Neal Kellum DESCRIPTION OF REQUEST: requests a variance to a 28 foot front yard setback (West) instead of 50 feet as required for a proposed single family dwelling; and to a 25 foot front yard setback (West) instead of 50 feet as required for a proposed garage and carport; and to modify the conditions of a variance granted on May 15, 2002 LOCATION: 3388 Litchfield Road Lot AA-2, Little Neck Lynnhaven District #5 GPIN: ZONING: R-40, RPA YEAR BUILT: New construction AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Billy Garrington of Governmental Permitting Consultants

8 PREPARED BY: CHRIS LANGASTER Case #5 Shore Ventures Inc DESCRIPTION OF REQUEST: requests a variance to a 9.8 foot front yard setback (West) instead of 30 feet as required and to a 6.4 foot rear yard setback (North) instead of 20 feet as required for a proposed single family dwelling; and to allow 1 off street parking space instead of 2 as required LOCATION: 1552 Winter Road Lot 4, Gracetown Bayside District #5 GPIN: ZONING: R-7.5, RMA YEAR BUILT: New construction AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Eddie Bourdon of Sykes, Bourdon, Ahern & Levy SUMMARY OF PROPOSAL: The applicant is proposing to construct a two-story single-family dwelling 9.8-feet from the front property line instead of 30-feet as required and 6.4-feet from the rear property line instead of 20-feet as required. In addition, the applicant is seeking a variance to allow one (1) off-street parking space, instead of two (2) off-street parking spaces as required for a single-family dwelling. This lot was originally platted in 1904 and it appears there has been a right-of-way take, resulting in creating a 2, 548 sq ft uniquely shaped lot. The rear of the lot fronts a right-of-way (Division St) less than 20-feet in width and the front of lot tapers to a point where Winter Rd and Division Street intersect. CONSIDERATIONS: This (2, 548 sq ft.) nonconforming uniquely shaped lot is well below the minimum lot area (7,500 sq ft) required for this zoning district. Due to the curvature of the front property line it restricts the applicant s ability to comply with the minimum front yard setback as well as provide the required (2) 9 x18 onsite parking spaces.

9 Considering the shape of the lot and the available land area, the variances requested are modest and are not expected to create a detriment to the adjoining property owners The proposed dwelling will be compatible in size with the others dwellings in this community RECOMMNEDED CONDITIONS: 1. The proposed two-story dwelling shall be constructed in substantial adherence to the submitted site plan. 2. If not presented at the BZA hearing, building elevations acceptable to the Zoning Administrator or her/his designee shall be provided prior to obtaining a building permit.

10 PREPARED BY: KAREN LASLEY Case #6 Cecil Groves & Lesley Groves & F.P. Aucamp DESCRIPTION OF REQUEST: request a variance to a 13 foot side yard setback adjacent to a street (Mediterranean Avenue) instead of 20 feet as required and to a 4.8 foot side yard setback (West) instead of 8 feet as required and to a 4.8 foot rear yard setback (North) instead of 20 feet as required and to 43% in lot coverage instead of 42% as granted by a variance dated May 7, 1980 and to an 8 foot interior yard between the principal and ancillary dwellings instead of 30 feet as required and to waive the required step-back for the uppermost story/building level for proposed building additions/modifications and multi-storied deck LOCATION: 2302 Mediterranean Ave Beach District #6 GPIN: ZONING: A-12(OB) YEAR BUILT: 1950 AICUZ: db DNL REPRESENTATIVE: Cecil Groves & Lesley Groves & F P Aucamp VARIANCE HISTORY: The BZA granted a variance for this site on May 7, 1980 to allow 42% lot coverage rather than 30% as permitted. No conditions were attached. A second variance was approved by the BZA on November 7, 2012 to allow a deck and stairs on the larger home to have a 12.7 front yard setback, instead of 30 as required and to a 4.7 side yard setback on the west side, instead of 8 as required. SUMMARY OF PROPOSAL: This 6,500 square foot lot zoned A-12 Apartment District is in the Old Beach Overlay District. The site currently contains two single family homes and the owners would like to make some changes and additions to the smaller home located at the corner of Mediterranean and 23 ½ Street. Although the Old Beach Overlay District allows for two homes on the property, this dwelling was constructed in 1950 and is nonconforming. The applicants desire to upgrade the smaller, two-story home by adding a two-

11 story 10 by 14 addition. New 10 by 10 uncovered decks will also be added on the first and second stories. The roof will be altered by adding a shed roof off of the A frame roof in the back of the dwelling. Architectural elevations and floor plans have been submitted showing that the improvements will significantly upgrade the home. Variances are needed, as follows, for the proposed improvements: To allow a 13 side yard setback adjacent to Mediterranean Avenue, instead of 20 feet as required To allow a 4.8 setback on the west side, instead of 8 as required To allow a 4.8 rear yard setback on the north side, instead of 20 as required To allow 43% lot coverage instead of 42% as approved by a variance granted on May 7, 1980 To allow an 8 interior yard between the principal and ancillary dwellings instead of 30 as required To waive the required step-back for the uppermost story CONSIDERATIONS: The Old Beach Design Review Committee has met with the applicants and reviewed the plans. They conclude that a hardship exists due to the site being developed prior to adoption of the current zoning regulations allowing two cottages on a lot. The Committee indicates that the proposal is generally in keeping with the Old Beach Design Guidelines and results in a positive improvement to the neighborhood. The committee recommended approval of the variances with the condition that fiber cement board siding be used on the exterior. CONDITIONS: If approved, the following conditions should be required 1. The submitted site plan and architectural elevations shall be substantially adhered to. 2. The exterior of the home shall be finished in a fiber cement board or cementious fiber board material.

12 PREPARED BY: KEVIN KEMP Case #7 Christopher Vatidis / Darrell Bryan DESCRIPTION OF REQUEST: request a variance to a 19 foot side yard setback adjacent to a street (Sandalwood Road) instead of 30 feet as required for proposed building additions and covered porch LOCATION: 2261 Sandalwood Road Lot 258, Cape Story by the Sea Lynnhaven District #5 GPIN: ZONING: R-7.5(SD), RMA YEAR BUILT: 1983 AICUZ: Less than 65 db DNL REPRESENTATIVE: Darrell Bryan (Pending Contract Purchaser) SUMMARY OF PROPOSAL: The applicant requests a variance to the side yard setback adjacent to Sandalwood Road for the purpose of constructing several additions to an existing structure. Listed below are the proposed additions to the home, accompanied with a description of the variances being requested: (1) A three-story addition at the northern portion of the existing structure. The addition will increase the livable floor area, as well as incorporate an elevator. The three-story addition will be constructed entirely within the existing footprint of the structure; however, the structure is located 19-feet from the property line adjacent to Sandalwood Road, instead of 30-feet as required. Therefore, a variance is required for the new construction. (2) A multi-level addition directly to the north of the existing structure. The addition will include a garage on the first level, a bedroom suite on the second level, and an open air deck on the third level. The proposed addition will be located approximately 29-feet from the property line adjacent to Sandalwood Road, instead of 30-feet as required. The proposed addition will conform to all other dimensional requirements. (3) A proposed decorative roof structure over the garage doors of the

13 proposed addition described in number 2 above. The structure will be cantilevered from the exterior wall, and therefore will have no support structures extending to the ground. The design of the roof structure will match the roof structure of the proposed front porch. The proposed overhang will be located approximately 24-feet from the property line adjacent to Sandalwood Road, instead of 30-feet as required. Additional work being done to the property includes the construction of a 12-feet by 16 feet front porch on the east side of the home. The stairs that are currently located on the east side of the home will be removed. The front porch will be located approximately 19-feet from the property line adjacent to Sandalwood Road; however, Section 201 (6) of the Zoning Ordinance allows unenclosed front porches to encroach into the required setbacks. The applicant also proposes a new parking area and second driveway apron. The second driveway apron was approved by the Planning Department, Development Services Center on April 20, CONSIDERATIONS: City records indicate that the existing home was constructed in At the time the site was developed, the structure met all the dimensional requirements of the Zoning Ordinance. The side yard setback adjacent to a street was changed in 1988, with the adoption of the current Zoning Ordinance. The proposed additions will not encroach any further into the side yard setback adjacent to Sandalwood Road than the existing structure. The subject lot meets all other dimensional requirements of the Zoning Ordinance, including lot coverage, height, and the front, west side and rear yard setbacks. The subject 60-foot wide lot is substandard in width for a corner lot in the R-7.5 Zoning District. According to the dimensional requirements of the Zoning Ordinance, a corner lot should have a width of 85-feet. The structure and proposed additions will be adequately screened from Shore Drive and Sandalwood Road by mature vegetation on the site. The proposed encroachments into the side yard setback are not directly adjacent to another residential lot, and therefore are not anticipated to adversely impact any of the surrounding properties. RECOMMENDED CONDITIONS: 1. When developed the site shall be in substantial conformance with the submitted site plan entitled PHYSICAL SURVEYOF LOT 258 CAPE STORY BY THE SEA, PLAT NO. 1, VIRGINIA BEACH, VIRGINIA FOR CHRISTOPHER R. VATIDIS & DELORES M. VATIDIS, dated November 15, 1991 and prepared by Aurthor L. Rood. 2. When developed, the building shall be in substantial conformance to the submitted elevation drawing entitled EAST ELEVATION. 3. When developed, the home and additions shall be in substantial conformance to the submitted floor plans entitled, FLOOR PLAN- LEVEL 1, FLOOR PLAN- LEVEL 2, and FLOOR PLAN- LEVEL The applicant shall retain the existing Live Oak tree located in the northeast quadrant of the site to the greatest extent possible and install tree protection around existing tree as outlined in the Landscape Guide: Details and Protection.

14 PREPARED BY: CHRIS LANGASTER Case #8 Thomas Van Fossen II / Donna Long of Govsolutions DESCRIPTION OF REQUEST: request a variance to modify the conditions of a variance granted on June 1, 2005 for a proposed single family dwelling LOCATION: 1101 Jackson Avenue Lot 2, Seatack Beach District #6 GPIN: ZONING: R-10 & I-1, RMA YEAR BUILT: New construction AICUZ: noise zone greater than 75dB DNL (APZ I &II) REPRESENTATIVE: Jason Combs BOARD OF ZONING APPEALS HISTORY: on June 1, 2005 a variance to a 16-foot setback from the property line adjacent to Jackson Street, instead of 30-feet as required was Granted for a twostory single-family dwelling SUMMARY OF PROPOSAL: The applicants are seeking to modify a previously approved variance to allow a 16-foot side corner setback from the property line adjacent to Jackson St, instead of 30-feet as required. The proposed site plan submitted with the previously approved variance depicted a two-story dwelling with an19 x 41 footprint. Consequently, the new site plan depicts a one-story dwelling with an 18.5 x 50 footprint. As a result of the changes, the proposed new dwelling will be one-story rather than two-story and the footprint will have 0.5 less in width and 9 more in length than the previously proposed dwelling. This exceptionally narrow lot is 8, square feet and is nonconforming in regards to the minimum 10,000 square feet lot area required in the (R-10) zoning district. CONSIDERATIONS: The lot is exceptionally narrow and significantly restricts the applicants ability to construct a dwelling in compliance to the required setbacks from a property line adjacent to a street

15 The lot does not comply with the minimum (90 ) lot width or (10,000sf) lot area required for the (R-10) zoning district; therefore, it is presently nonconforming Reducing the dwelling to a one-story opposed to a two-story is expected to be less imposing to the adjoining property With the exception of the side corner setback, the proposed dwelling will comply with all other setbacks, zoning requirements and with the previously approved setback variance The homeowner that shares the southern side property line has expressed concerns related to positioning the proposed dwelling on the subject lot without encroaching onto his property to the south. Written opposition has been provided by the adjoining property owner and can be found in the file RECEOMMNEDED CONDITION: 1. The proposed one-story dwelling shall be constructed in substantial adherence to the submitted site plan and building elevations.

16 PREPARED BY: KAREN LASLEY Case #9 Sally Noona DESCRIPTION OF REQUEST: requests a variance to a 33 foot front yard setback (West) instead of 50 feet as required for a sunroom, deck, balcony and building additions; and to a 4 foot rear yard setback (Northeast) instead of 20 feet as required for a proposed multi-storied deck/patio with spiral stairway; and to a 9.7 foot rear yard setback (Northeast) instead of 20 feet as required for an existing dwelling, proposed building additions and proposed decking LOCATION: 1016 Bobolink Drive Lot 220B, Birdneck Point Bay Lynnhaven District #5 GPIN: ZONING: R-40, RPA YEAR BUILT: 1957 AICUZ: db DNL REPRESENTATIVE: Sally Noona SUMMARY OF PROPOSAL: The subject site is unusually shaped and impacted by the Chesapeake Bay Preservation Area (CBPA) Ordinance. The existing home was constructed in 1957 and the owner desires to expand and upgrade by adding a full second story, a second floor deck on both the north side and rear and a second floor balcony on the south side. On the first floor, plans show the addition of a deck/patio with a spiral stairway on the north side and a sunroom. Plans have been submitted including a site plan, floor plans and architectural elevations. As proposed, the improvements require the following variances: To allow a 33 front yard setback, instead of 50 as required for a sunroom, deck, balcony and building addition. All new improvements will align with the existing front yard setback. To allow a 4 rear yard setback instead of 20 as required for the proposed multi-storied deck/patio with a spiral stairway. To allow a 9.7 rear yard setback, instead of 20 as required for the existing dwelling, proposed additions and proposed decking.

17 CONSIDERATIONS: The applicant has minimized impact by keeping the major addition on the same footprint as the existing nonconforming dwelling. The site is unusually shaped and impacted by the CBPA Ordinance. Architectural elevations show that the improvements will result in an attractive home in keeping with the scale of other neighborhood dwellings. CONDITIONS: If approved, the following condition should be attached The improvements shall be substantially in keeping with the submitted site plan and architectural elevations.

18 PREPARED BY: KEVIN KEMP Case #10 Percy Jones / Anthony Gower, Jr DESCRIPTION OF REQUEST: requests a variance to a 5 foot side yard setback (East) instead of 10 feet as required for a proposed single family dwelling LOCATION: th Street Lot 15, Woodland Beach District #6 GPIN: ZONING: R-7.5, RMA YEAR BUILT: New construction AICUZ: db DNL BUILT: REPRESENTATIVE: Anthony Gower, Jr SUMMARY OF PROPOSAL: The applicant proposes to develop a vacant lot with a single family home. Due to the narrowness of the lot, the applicant is requesting a variance of 5-feet to the east side yard setback to allow for a home to be 25-feet in width. The submitted elevation drawings depict a three-story structure, with two garages on the first level and two upper levels containing the living areas. CONSIDERATIONS: The subject parcel was created by plat in August City records indicate that the parcel has never been developed. The 4,375 square foot lot is substandard in size for a lot located in the R-7.5 Zoning District. According to the dimensional requirements of the Zoning Ordinance, a lot in the R-7.5 District should have a minimum lot area of 7,500 square feet. The 35-foot wide lot is extremely substandard in lot width. According to the dimensional requirements of the Zoning Ordinance, a lot in the R-7.5 District should have a minimum width of 75-feet. The vacant lot directly adjacent to the east is being developed by the applicant with a home that is similar in size and style. The variance being requested is to the side yard setback directly adjacent to the other lot being developed, and therefore is not anticipated to have any adverse impacts on the surrounding properties. The proposed development conforms to the all other dimensional

19 requirements of the Zoning Ordinance, including lot coverage, height, and the front, east side and rear yard setbacks. RECOMMENDED CONDITIONS: 1. When developed the site shall be in substantial conformance with the submitted site plan entitled EXHIBIT OF LOT 15 & 16, BLOCK 10 WOODLAND 24 TH STREET, VIRGINIA BEACH, VIRGINIA FOR OCEAN DEVELOPMENT CONSTRUCTION, L.L.C, dated March 12, 2015 and prepared by Massey Engineering, PC. 2. When developed, the building shall be in substantial conformance to the submitted elevation drawing entitled EXHIBIT FRONT ELEVATION.

20 PREPARED BY: KEVIN KEMP Case #11 Percy Jones / Anthony Gower, Jr DESCRIPTION OF REQUEST: requests a variance to a 5 foot side yard setback (West) instead of 10 feet as required for a proposed single family dwelling LOCATION: th Street Lot 16, Woodland Beach District #6 GPIN: ZONING: R-7.5, RMA YEAR BUILT: New construction AICUZ: db DNL REPRESENTATIVE: Anthony Gower, Jr. SUMMARY OF PROPOSAL: The applicant proposes to develop a vacant lot with a single family home. Due to the narrowness of the lot, the applicant is requesting a variance of 5-feet to the west side yard setback to allow for a home to be 25-feet in width. The submitted elevation drawings depict a three-story structure, with two garages on the first level and two upper levels containing the living areas. CONSIDERATIONS: The subject parcel was created by plat in August City records indicate that the parcel has never been developed. The 4,375 square foot lot is substandard in size for a lot located in the R-7.5 Zoning District. According to the dimensional requirements of the Zoning Ordinance, a lot in the R-7.5 District should have a minimum lot area of 7,500 square feet. The 35-foot wide lot is extremely substandard in lot width. According to the dimensional requirements of the Zoning Ordinance, a lot in the R-7.5 District should have a minimum width of 75-feet. The vacant lot directly adjacent to the west is being developed by the applicant with a structure that is similar in size and style. The variance being requested is to the side yard setback directly adjacent to the other lot being developed, and therefore is not anticipated to have any adverse impacts on the surrounding properties. The proposed development conforms to the all other dimensional requirements of the Zoning Ordinance, including lot coverage, height, and

21 the front, east side and rear yard setbacks. RECOMMENDED CONDITIONS: 1. When developed the site shall be in substantial conformance with the submitted site plan entitled EXHIBIT OF LOT 15 & 16, BLOCK 10 WOODLAND 24 TH STREET, VIRGINIA BEACH, VIRGINIA FOR OCEAN DEVELOPMENT CONSTRUCTION, L.L.C, dated March 12, 2015 and prepared by Massey Engineering, PC. 2. When developed, the building shall be in substantial conformance to the submitted elevation drawing entitled EXHIBIT FRONT ELEVATION.

22 PREPARED BY: KAREN LASLEY Case #12 Back Bay Brewing Company DESCRIPTION OF REQUEST: requests a variance to waive the 6 additional on-site parking spaces required for an expansion of an existing brewery LOCATION: 614/616 Norfolk Ave Beach District #6 GPIN: ZONING: I-1 YEAR BUILT: 1940 AICUZ: db DNL REPRESENTATIVE: George Powell SUMMARY OF PROPOSAL: The subject site is zoned I-1 Industrial District and contains a 1940 commercial building with 22,053 square feet of space. There are ten on-site parking spaces and the landlord owns a parking lot containing 22 parking spaces immediately across 10 th Street from the site. There is also a City owned parking lot containing 30 parking spaces located across Norfolk Avenue from the site. On April ##, City Council approved a conditional use permit allowing this craft brewery to expand and create a second tasting room on the second floor with 1,180 square feet. Phase 2 will expand the first floor tasting room by 300 square feet and add 900 square feet for brewing and refrigeration purposes. Although site is nonconforming for parking, these brewery expansions generate the need for six parking spaces above the requirement for the previous uses operating in the space. Although six extra spaces are available in the landlord s 10 th Street parking lot, a variance is required since off-site parking is not permitted by right in the I-1 Industrial District and a parking variance is required. CONSIDERATIONS: Parking is available to meet the needs of this craft brewery across 10 th Street in a parking lot owned by the landlord and available to brewery customers. Use of this lot is included in the brewery s lease. Extra public parking is available in the 30 space city parking lot on the

23 opposite side of Norfolk Avenue. It should also be noted that many nearby residents and tourists walk or ride bicycles to the brewery. A paved bike path runs along Norfolk Avenue. CONDITIONS: If approved, the following condition should be required Off-site parking shall be available for brewery customers in the landlord s parking lot located on the opposite side of 10 th Street.

24 PREPARED BY: CHRIS LANGASTER Case #D-1 AIM Development LLC DESCRIPTION OF REQUEST: requests a variance to a 15 foot side yard setback adjacent to a street (Lampl Avenue) instead of 30 feet as required for a new single family dwelling; and to a 5.5 foot rear yard setback (West) instead of 10 feet as required and to a 4.6 foot side yard setback (North) instead of 5 feet as required for an existing detached garage LOCATION: 401 Cummings Road Lot 18, Birchwood Gardens Lynnhaven District #5 GPIN: ZONING: R-7.5, RMA YEAR BUILT: new construction (originally built in1958) AICUZ: noise zone less than 65dB DNL REPRESENTATIVE: Keith Alexander, Legacy Builders BOARD OF ZONING APPEALS BACKGROUND: On April 1, 2015, the variance request was deferred for the purpose of re-advertising the correct proposal. SUMMARY OF PROPOSAL: The applicant is seeking to retain an existing one story single-family dwelling with an attached garage that recently underwent major renovations that essentially constituted a complete rebuild. Renovations included adding a second floor addition and reframing the vast majority of the existing dwelling. All of the improvements were made within the existing foundation. Because the existing dwelling is presently located 15.1-foot from the property line adjacent to Lampl Ave instead of 30-feet as required; a variance is being sought for the southeast corner of the dwelling. Also included with this request, the applicant wishes to retain a detached garage presently located 5.5- feet from the (west) rear property line instead of 10-feet as required and 4.6-feet from the (north) side property line, instead of 5-feet as required. BUILDING PERMIT BACKGROUND: Building permits were obtained by the contractor for renovations to existing dwelling/ attached garage including a second story addition. At the time the building permits were obtained, the contractor was allow to begin making the renovations, although the south east portion (attached garage) encroached into the required setback from the property line adjacent to Lampl Ave. The contractor

25 informed staff that only the roof would be replaced over the existing one-story portion of the dwelling that encroached. Because the majority of the renovations and second-story addition complied with the required setback, the contractor was allowed to proceed at his own risk provided a variance request be submitted for the encroachment. The contractor agreed to assume any the risk and make any necessary alternations to the dwelling should the variance request be denied. Subsequently, it was discovered by a zoning inspector that the dwelling had been completely rebuilt. Though some of the same stubs were reused to construct the new dwelling; the building officials determined the degree of improvements constituted a complete rebuild of the structure as well as exceeded the scope of the building permits issued. According to the contractor, he was unaware additional permits and building plans were required for the improvements being made. It was his belief, because some of the studs were being reused and the improvements were contained in the same footprint/ foundation of the previous dwelling, he would be allowed to work under the building permits issued. After conducting an inspection of the improvements, a building inspector issued a stop work order to cease and desist all work. The contractor was then ordered to provide the appropriate building plans of the proposed dwelling and amend the building permits accordingly in order to proceed with construction. The contractor has since provided the Permits & Inspection Office the revised building plan as requested and has commenced with construction. CONSIDERATIONS: The new dwelling was constructed on the same foundation/footprint as the previous dwelling. Therefore, the setbacks will not decrease with this proposal The contractor made improvements beyond the scope of the building permits issued. According to the contractor, he was not aware additional permits and building codes approvals required. The existing detached garage does not complying with the required setbacks. The garage was built in 1970 and appears to be in less than fair condition CONDITIONS: 1. The dwelling shall be in completed in substantial adherence to the submitted site plan and building plans 2. No portion of the dwelling located within the required setback shall be expanded or enlarged without receiving further consideration from the Board of Zoning Appeals 3. Building permits shall be amended and/ or obtained for improvements made beyond the scope of the permits initially issued for proposed renovations 4. The existing detached garage shall be removed, moved and/or altered to comply with the required setbacks. This must occur prior to receiving a certificate of occupancy for the proposed dwelling