Case #1Leander Lowder, III

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 2.5 foot side yard setback (South side) instead of 10 feet as required for an existing dwelling and proposed roof alterations; and to a 6 foot side yard setback (South side) instead of 10 feet as required for an existing deck; and to a 2 foot side yard setback (North side) instead of 5 feet as required for an existing shed LOCATION: 2504 Lone Pine Point Lot 103, Broad Bay Colony

Lynnhaven District #5 GPIN: 1499-88-4487 ZONING: R-10, RPA YEAR BUILT: 1959 AICUZ: noise less than 65dB DNL CHESAPEAKE BAY PRESERVATION AREA BACKGROUND: On October 23, 2013, administrative approval for the proposed driveway improvements and roof modifications. BOARD OF ZONING APPEALS HISTORY: On July 7, 1999, a variance to an 18-foot front yard setback, instead of 30-feet as required was Granted for a proposed single-family dwelling. SUMMARY OF PROPOSAL: The applicant wishes to replace the south western portion of the existing gable roof with a hip roof. The existing single-family dwelling is presently located 2.5-feet from south side property line, instead of 10-feet as required. In addition, the applicant is seeking to retain a storage shed located 2.2-feet from the north side property line, instead of 10-feet as required. Some improvements have been made to the existing attached garage that also included the removal of an existing chimney previously located on the south side and an existing deck that was located on the south east side of the existing dwelling. Staff could not determine if the existing dwelling was ever nonconforming regarding the side yard setback, as a result, a variance request was added as a cleanup variance. The recent improvements and roof modified will not increase the setback with this request. This request is not expected to create detriment to the adjoining property owners or surrounding community. If approved, the following conditions are recommended:

1. The improvements and roof modifications shall be completed in substantial adherence to the submitted site plan and building plans.

2. The storage shed located along the north side property line shall be removed or

relocated in compliance with the required setbacks.

3. All appropriate permits (building, electrical, etc.) shall be obtained within 7 business days of the approval of this request.

Case #2Ronald Tesnow

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to an 8.5 foot rear yard setback (North side) instead of 10 feet as required for a proposed gazebo LOCATION: 2912 Breezy Road Lot 8, Lynnhaven Colony

Lynnhaven District #5 GPIN: 1499-28-8518 ZONING: R-10(SD), RPA YEAR BUILT: 1955 AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY:

On August 1, 1994, a variance to a 20-foot front yard setback, instead of 30-feet as required was Granted for a residential addition.

On March 1, 1989, a variance to a 20-foot front yard setback, instead of 30-feet as required was Granted for a residential addition.

CHESAPEAKE BAY PRESERVATION AREA BOARD ACTIONS:

On November 25, 2013, a restoration hearing for improvements made without prior CBPA approval was Granted with conditions for brick pavers, retaining wall and other land disturbing activities.

SUMMARY OF PROPOSAL: The applicant is proposing to install a canopy (gazebo) structure 8.5-foot from the rear property line, instead of 10-feet as required. The canopy (gazebo) structure will be installed on the east side of the lot above brick “paver” patio presently being installed in the rear yard. An 8’ x 10’ existing storage shed is presently encroaching on the west side yard setback; however, the shed will be relocated in compliance with the required setbacks with this proposal. Among several improvements the applicant has made, the applicant is presently in the process of replacing an existing wood deck with brick pavers. In addition, as stated by the applicant, the applicant would like to replace a canopy (gazebo) structure that once existed on the previous wooden decking. Staff was unable to confirm whether the previous canopy (gazebo) structure was installed in compliance with the required setbacks. Consequently, if the canopy (gazebo) structure was placed in the location it is presently proposed, staff believes it was in violation of the setback requirements at the time it was installed. With the exception of the proposed canopy (gazebo) structure, all other improvements will comply with the required setbacks. These improvements will be installed around an existing in ground swimming pool that will not be altered with this proposal. If approved, the following conditions are recommended:

1. The proposed gazebo/canopy structure shall be constructed in substantial adherence

to the site plan.

2. The proposed gazebo/canopy structure will remain unenclosed.

3. The existing storage shed shall be relocated in compliance with the required setbacks prior to installing proposed gazebo/canopy structure.

4. After-the-fact permits shall be obtained for any improvements previously made within

10 business days of approval of this request.

Case #3Michael & Lynda Tubridy

March 5, 2014

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: request a variance to a 10 foot side yard setback adjacent to a street (Aqua Lane) instead of 30 feet as required for a proposed pergola; and to a 24 foot side yard setback adjacent to a street (Aqua Lane) instead of 30 feet as required for a proposed inground pool; and to a 5 foot side yard setback (South side) instead of 10 feet as required for proposed pool equipment LOCATION: 205 Aqua Lane Lot 10A, Croatan

Beach District #6 GPIN: 2426-38-6467 ZONING: R-10 YEAR BUILT: 2003 AICUZ: 65 to 70 dB Ldn SUMMARY OF PROPOSAL: The applicant wishes to construct an in-ground pool and pergola in the rear yard of their 5,375 square foot corner lot in the Croatan Beach neighborhood. A variance is requested because due to the 50 foot width of the lot, both the pool and pergola encroach into the 30 foot setback from the property line adjacent to Aqua Lane. The existing dwelling received a variance on December 4, 2002 to be constructed 10 feet from the property line adjacent to Aqua Lane. The proposed 10’ x 20’ in-ground pool would be located 24 feet from the property line adjacent to Aqua lane instead of 30 feet as required. The pool will meet the required 5 foot side and rear setbacks. It should be noted that the location of the proposed pool exceeds the 20 foot setback recommended by the Department of Public Works in order to avoid any potential issues if work needs to be performed on the roadway or surrounding utilities. A variance to a 5 foot side yard setback from the south side property line is also requested to be able to locate the pool equipment to the side of the home. Condition number 2 below is recommended which would require the applicant to screen the pool equipment from view from the adjacent property to the south. In addition to the in-ground pool, the applicant is also requesting a variance to a 10 foot side yard setback adjacent to Aqua Lane for a pergola. The proposed pergola is 10’ x 12’ and will not exceed 8 feet in height. The pergola will be in line with the wall of the existing dwelling and will meet the required 5 foot rear setback. It should be noted that if the in-ground pool is built, the Building Code will require fencing to be installed. There is no fencing shown on the submitted site survey. A permit must be obtained for the required fencing and the fence will have to comply with the requirements of the Zoning Ordinance. If the fencing does not meet those requirements, another variance would need to be applied for. If approved the following conditions are recommended:

1. The in-ground pool and pergola shall be constructed in substantial adherence to the submitted site survey entitled “LOT 10A, RESUBDIVISION OF PROPERTY, LOTS 9, 10 & ADJOINING WESTERN 7.5” OF CLOSED ALLEY, BLOCK 17 CROATAN BEACH”, dated 9/13/2010 and prepared by Dennis J. Gerwitz, P.C.

2. Category I landscaping shall be installed around the pool equipment “as necessary” to screen it from view from the adjacent property to the south and the street.

Case #4Edward Shiflett

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 10 foot side yard setback (West side) instead of 20 feet as required and to a 46 foot front yard setback (North side) instead of 50 feet as required for a proposed carport LOCATION: 1233 N. Inlynnview Road Lot 9, Trant Berkshire

Lynnhaven District #5 GPIN: 1498-35-9756 ZONING: R-40, RPA YEAR BUILT: 1981 AICUZ: noise zone less than 65dB DNL CHESAPEAKE BAY PRESERVATION AREA HISTORY: An administrative variance has been Granted for the proposed carport, however, staff is presently awaiting additional information from the applicant to determine if E & S plan will be required. SUMMARY OF PROPOSAL: The applicant is proposing to construct a 22’x 25’ attached carport 10.31-feet from the west side property line, instead of 20-feet as required. The proposed carport will be constructed on the west side of the existing one-story dwelling, directly in front of an attached garage. The representative notes the carports will provide shelter from inclement weather for the homeowner who requires handicap accessibility. It’s also been noted the existing attached garage does not provide the homeowner with adequate handicap accessibility. This request will include expanding the existing driveway to provide a surface for the carport and backing area. Staff agrees this lot is impacted by the environmental restrictions associated with the CBPA features located in the rear of the lot; however, it appears the proposed setback could be increased if the carport was slightly reduced. Staff understands the applicant’s desire to provide handicap accessibility; however, it’s believed this can be achieved by reducing how far the carport extends from the house. Staff has received calls from an unidentified person and from a person who would like to stay anonymous opposing this request. The opposition for one on the callers was that the applicant did not have a legitimate hardship. It was of their opinion the applicant had the option of using the existing two car garage to provide protection from inclement weather as well as provide handicapped accessibility when exiting and entering the dwelling.

Case #5Deepak Patel & Andreas Zavolas

March 5, 2014

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: request a variance to an 8 foot front yard setback (East side) and to a 4.7 foot rear yard setback (West side) instead of 20 feet each as required for a proposed single family dwelling, steps, covered porch and deck; and to a 4.33 foot garage recess instead of the required 8 feet; and to ‘0’ off street parking spaces instead of 2 required; and to waive the upper most story step-back construction design criteria as required LOCATION: 2525 Mediterranean Ave Lot A1, Beach District #6 GPIN: 2417-99-0892 ZONING: R-5S(OB), RMA YEAR BUILT: Proposed new construction AICUZ: 70 – 75 dB Ldn VARIANCE HISTORY: On October 2, 2013, the Board of Zoning Appeals (BZA) approved a variance to allow a new two-story home to be constructed on this site with an 8’ front yard setback on the east side and a 4.7’ rear yard setback on the west side instead of 20’ feet each. SUMMARY OF PROPOSAL: Since the variances were approved by the BZA in 2013, the applicants discovered that changes to the approved plan and elevations resulted in the need for a parking easement. In looking over the application for a second time, staff discovered that other variances to certain aspects of the Old Beach Overlay District not previously advertised, were also needed. This request will clear up all discrepancies. The subject site is an irregularly shaped lot created legally by plat in 1978. The lot is also impacted by a 10’ wide drainage variance. A single-family home exists on the lot with a 4’ front yard setback from Mediterranean Avenue and an 8.5’ rear yard setback. The applicants desire to demolish the existing structure and construct a new two-story home. The following variances are being requested:

1. A variance to an 8’ front yard setback on Mediterranean Avenue, rather than 20’ as required. The 5’ by 13’ front porch and stairway, will have an 8’ setback from Mediterranean Avenue while the majority of the home will have a front yard setback of 13’ or greater. The existing dwelling has a 4’ setback from Mediterranean Avenue.

2. A variance to a 4.7 foot rear yard setback on the west side instead of 20 feet

each as required. The actual dwelling will have a rear setback of approximately 13’, while the 7.3’ by 24’ wooden deck will have a 4.7’ setback. Since the 2013 variance, the deck has shifted to the south, adjacent to the deeper, dog-leg portion of the site, improving the openness of the lot. The existing dwelling has an 8.5’ rear yard setback.

3. A variance to a 4.33’ garage recess instead of the required 8 feet. The Old Beach Overlay District requires, for attached garages, that the garage wall containing the overhead door be recessed at least 8’ from the front wall plane of the dwelling. With the challenges faced by this site, a 4.33’ recess has been provided.

4. A variance to allow ‘0’ off-street parking spaces instead of the 2 spaces

required. Two 18’ by 9’ parking spaces are provided on the subject site, however, these spaces do not technically meet code since a second story overhang covers a portion of the spaces. Although staff is confident that two full sized vehicles can be parked on site, a variance to the parking requirement is needed due to the overhang.

5. A variance to waive the required upper most story step-back. The Old Beach

Overlay District requires new single family homes to have the uppermost story above the first story, stepped back a minimum of 3’ for at least 35% of the total length of the exterior wall. With the constraints of this site, the applicant did not step back the upper story, but did provide architectural variation to the satisfaction of the Old Beach Design Review Committee.

Staff notes that the subject site is oddly shaped and with a depth of only 39’, the lot is not developable without variances. The proposed variances retain or improve on the existing nonconforming setbacks and will allow a new, higher quality home to be built on the site. The application was reviewed by the Old Beach Design Review Committee and they have no objection to the proposal. If approved, the following conditions should be required:

1. The new dwelling shall substantially adhere to the submitted site plan and architectural elevation.

2. The rear deck shall not be covered or enclosed. NOTE: Public Utilities indicates that there is a sanitary sewer service line with a cleanout structure fronting the lot along Mediterranean Avenue.

Case #6Timothy & Cecila Gleim

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: request a variance to an 8.9 foot side yard setback (North side) instead of 10 feet as required for a proposed pool house; and to a 4.6 foot side and rear yard setback (North and Southeast sides) instead of 10 feet each as required for a proposed covered patio LOCATION: 3109 Swainsons Lane Lot 58, Eagles Nest

Princess Anne District #7 GPIN: 2403-02-6981 ZONING: R-15(OP) YEAR BUILT: 2011 AICUZ: noise zone less than 65dB DNL SUMMARY OF PROPOSAL: The applicants are proposing to construct a 10’ x 20’ pool house 8.9-foot from the north side property line and attached covered patio 4.6-feet from the north side property line, instead of 10-feet each as required. A proposed trellis will be attached to the east side of the pool house and covered patio. It appears the trellis will maintain the required 10-foot side and rear yard setbacks. According to the building plans, the pool house will be constructed of brick veneer and the covered patio area will have a bar and outdoor fire place. Staff acknowledges the north side property line angles and presents a challenge to the applicant to construct an accessory structure as proposed in compliance with the required side yard setback. Staff further recognizes the proposed structure will be installed adjacent to a City of Virginia Beach pump station site and is not expected to have a visual impact normally expected when adjoining single-family dwelling. Consequently, the Department of Public Utilities notes a 15-foot deep city sanitary sewer main parallels the north side lot line. A significant area around the sewer main would be required to access the sewer main, should the repairs to the sanitary sewer main become necessary. It was recommended by a Public Utilities’ engineer that the required side yard setback be maintained along the north side. This would eliminate removing or damaging the pool house if placed near to north side property line as proposed. Although, the angle of the property line restricts the applicant’s ability to construct the proposed pool house structure, staff believes the covered patio portion of the pool house could be modified or reconfigured to increase the setback or potentially meet the required setbacks. Given the limited space available to install the proposed pool house and the impact it could have on the adjoining sanitary sewer main, staff suggests the applicant consider reconfiguring the footprint of the proposed pool house.

Case #7Jason & Genna Vannoy

March 5, 2014

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: request a variance to a 4.7 foot side yard setback (South side) instead of 5 feet as required and to a 5.5 foot rear yard setback (East side) instead of 10 feet as required and to allow a total of 532 square feet in floor area instead of 500 square feet as allowed for an existing 2 story detached accessory structure, porch and deck/ramp LOCATION: 1820 Olympic Drive Lot 1, Lake Placid

Rose Hall District #3 GPIN: 1495-29-2957 ZONING: R-7.5 YEAR BUILT: 1978 AICUZ: 70 to 75 dB Ldn SUMMARY OF PROPOSAL: The applicant is requesting a variance to the side and rear yard setbacks and the allowable floor area in order to retain an existing two-story accessory structure. Also included in this request is a ramp that was recently constructed at the front of the structure and encroaches into the rear yard setback. The existing accessory structure was already built when the applicants purchased the home in November of 2013. Arial photography indicates that the structure was constructed between the years 2003 and 2007. No permits were found for the work and the structure encroaches into the side and rear yard setbacks, as well as exceeds the allowable floor area. Recently a permit was obtained for interior renovations; however, the scope of that permit was exceeded when the ramp was constructed. The ramp was added to provide access for the applicant’s mother who intends on using the space during the day. The applicant was informed that no permanent provisions for living, sleeping, or cooking can be installed. Variances are being requested to both the side and rear yard setbacks, as well as for the existing structure to exceed the allowable floor area. The existing structure is located 4.7 feet from the side yard property line instead of the 5 feet that are required, and the ramp that was recently constructed falls 5.5 feet from the rear yard setback instead of 10 feet as required. The ramp encroaches 3.1 feet farther into the rear yard setback than the existing structure. The two-story structure is 32 square feet larger than the 500 square feet that is allowed on the lot per section 501 (b) of the Zoning Ordinance. If approved the following conditions are recommended:

1. The detached accessory structure shall remain as shown on the submitted site survey entitled “PHYSICAL SURVEY OF LOT 1, BLOCK 1”, dated 1/2/2014 and prepared by Ward M. Holmes Land Surveyors, P.C.

2. The accessory structure shall not include permanent provisions for living, sleeping, eating, cooking and sanitation.

3. All necessary permits shall be obtained from the Planning Department, Permits and Inspections Division, within seven (7) business days of the approval of this variance.

Case #8Rose Doyle

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: requests a variance to a 4 foot front yard setback (North side) instead of 20 feet as required for a building addition, landings and steps LOCATION: 714 14th Street Lots 35-37, Lakewood

Beach District #6 GPIN: 2417-95-3324 ZONING: R-5D YEAR BUILT: 1937 AICUZ: noise zone 70-75dB DNL SUMMARY OF PROPOSAL: The applicant would like to construct a 110 square foot room addition in place of an unenclosed front porch. The applicant is seeking a variance to a 4-foot front yard setback, instead of 20-feet as required. This existing single-family dwelling was built in 1937 and is presently located 9-feet from the front property line. Therefore, this dwelling is nonconforming in regards to the required 20-foot front yard setback. It’s the applicant to construct the proposed room addition in the footprint of the existing front porch. The proposed addition will align with both the north and east walls of the existing dwelling. The proposed addition and dwelling will actually maintain a 9-foot front yard setback; consequently, the steps will only maintain a 4-foot setback. The proposed addition will be constructed with building materials compatible with the existing dwelling and setbacks will not increase with this proposal. Therefore, this request is not expected to create a detriment to the adjoining property owners. If approved, the following condition is recommended:

1. The proposed addition shall be constructed in substantial adherence with the submitted site plan and building elevations.

Case #9David DeConti

March 5, 2014

PREPARED BY: KAREN LASLEY DESCRIPTION OF REQUEST: requests a variance to a 10 foot front yard setback (North side) and to a 6 foot rear yard setback (South side) instead of 20 feet each as required for a proposed single family dwelling and to ‘0’ off street parking spaces instead of the 2 required LOCATION: 606 16th Street Lot A, Lakewood

Beach District #6 GPIN: 2417-96-8145 ZONING: R-5S YEAR BUILT: Proposed new construction AICUZ: 70 – 75 dB Ldn SUMMARY OF PROPOSAL: The applicant desires to construct a single-family home on this irregularly shaped lot zoned R-5S Residential District. Although the lot originally had a standard rectangular shape, the lot was legally resubdivided in 1991, resulting in the current configuration with a significant jog in the rear property line. The applicant proposes a one-story dwelling due to his mobility limitations which have been confirmed by a physician. The proposed home has a footprint of approximately 2500 square feet. The following variances are being requested:

1. A variance to allow a 10’ front yard setback from 16th Street, rather than 20’ as required. This portion of 16th Street has a width of 80’, significantly wider than a standard 50’ wide residential right-of-way. The improved street is not located in the center of the right-of-way, but is closer to the north side, leaving approximately 30’ of unimproved right-of-way between the subject site and the paved street. The applicant believes that a variance is justified due to the extra right-of-way width and the fact that his proposed home will align with the majority of homes on the south side of 16th Street in this block. Three of the four existing homes have setbacks between 8’ and 10’ from 16th Street.

2. A variance to allow a 6’ rear yard setback, rather than 20’ as required. The rear lot line has been off-set since the site was resubdivided in 1991. Although the proposed home has a 6’ setback from the short portion of the lot, it has a 45’ rear setback from the major portion of the rear lot line. The proposed home has a footprint that jogs in a similar pattern to the rear lot line, minimizing the variance. The applicant believes that this variance is justified by the uniquely shaped rear lot line and points out that no other lot in this neighborhood has a similar shape.

3. A variance to allow zero off-street parking spaces instead of the two required. Because the house plan has a two car garage that extends to within 10’ of the right-of-way line, two legal parking spaces cannot be provided in front of the garage. Parking would be in the right-of-way, which causes staff special concern at this location. On the south side of 16th Street there is a sidewalk which terminates two homes down to the west. This sidewalk will be extended as an 8’ wide sidewalk with Section III of the North Lake Holly Watershed Improvements project, to be constructed from 2016 to 2017. This expanded sidewalk will provide pedestrian access to Cooke Elementary School and it is essential to the safe use of the extended sidewalk that required parking be provided on the subject site.

The applicant has submitted a rendering of the proposed home showing a one-story dwelling with a prominent two-car garage and Spanish revival architectural features. Although the City does not currently have special design guidelines applicable to 16th Street, this older residential neighborhood is located between the Old Beach and Shadowlawn neighborhoods and has similar characteristics. Design guidelines for these older resort area neighborhoods call for minimizing the appearance of garages by using rear or side-loaded garages or recessing the garage and providing front porches as a dominant architectural feature from the street view. Staff notes that the irregularly shaped rear lot line warrants consideration when weighing the appropriateness of this variance application. This site, however, is not the ideal property to accommodate the applicant’s need for a 2500 square foot, one-story dwelling with a prominent two-car garage. The request to eliminate all on-site parking is especially a concern in this residential neighborhood located in close proximity to the resort area and Cooke Elementary School. Parking is at a premium here and the right-of-way needs to be free of parked vehicles in order to provide safe extension of the sidewalk that leads to the elementary school.

Case #10George Whitmore & Dr. Melissa Lexier

March 5, 2014

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: request a variance to a 7.5 foot rear yard setback (North side) instead of 10 feet as required and to allow 1,037 square feet of detached accessory structure instead of 500 square feet as allowed for modifications to an existing detached structure LOCATION: 311 48th Street Beach District #6 GPIN: 2418-88-2058 ZONING: R-7.5, RMA YEAR BUILT: 1938 (per City records) AICUZ: 65 to 70 dB Ldn SUMMARY OF PROPOSAL: The applicant wishes to renovate and expand an existing detached accessory structure at the rear of their property. City records indicate that the structure was constructed in 1938, predating the adoption of the zoning ordinance. The existing structure is 826 square feet and contains a garage as well as a small second floor living area with a shower, sink and toilet. The proposed additions would modify the roof line by adding two dormers and expand the habitable area on the second floor. The additional dormer on the west side of the structure will span a majority of the length of the façade. A smaller dormer will be added to the east side of the building. Additionally, the exterior of the structure will be refinished with new siding, trim and roofing, significantly improving the appearance of the existing building. The second floor will be an open space that contains a kitchenette and a full bathroom. The applicant told staff that the purpose of the additional space is to provide a children’s playroom and that the structure would not be used for sleeping purposes and would not contain any cooking facilities. Two variances are required for the proposed renovations. The first is a variance to a 7.5 foot rear yard setback instead of 10 feet as required for an accessory structure in the R-7.5 zoning district. All the proposed improvements are within the footprint of the existing nonconforming structure and the encroachment into the rear yard setback will not be increased. The second variance request is to allow for a 1,037 square foot accessory structure instead of 500 square feet as allowed. The existing nonconforming structure is 826 square feet; however, the proposed changes to the roof line would create an additional 211 square feet of habitable space on the second floor. If approved the following conditions are recommended:

1. The proposed renovations to the detached accessory structure shall be constructed in substantial adherence to the submitted site plan entitled, “RENOVATIONS TO THE DETACHED GARAGE AT WHITMORE RESIDENCE”, dated 1/10/2014 and prepared by Work Program Architects.

2. The proposed renovations to the detached accessory structure shall be constructed in substantial adherence to the submitted floor plan and renderings.

3. The accessory structure shall not include permanent provisions for living, sleeping, eating, cooking and sanitation.

Case #11Carolyn Gorham Purkerson

March 5, 2014

PREPARED BY: KEVIN KEMP DESCRIPTION OF REQUEST: requests a variance to a 3.7 foot rear yard setback (Northeast side) and to a 14 foot front yard setback (Southwest side) instead of 20 feet each as required and to a 6.5 foot side yard setback (Southeast side) and to a 3.5 foot side yard setback (Northwest side) instead of 8 feet each as required and to 42.53% in lot coverage instead of the maximum 35% as allowed and to a 233% floor area ratio instead of the maximum 200% allowed for a proposed single family dwelling, porch and steps LOCATION: 4506 Pleasure Avenue Lot 20, Pleasure House Camp

Bayside District #4 GPIN: 1570-61-9630 ZONING: R-5R(SD), RMA YEAR BUILT: New Construction AICUZ: Less than 65 dB Ldn SUMMARY OF PROPOSAL: The applicant wishes to develop a single family residence on a sub-standard and nonconforming lot. The proposed 1,600 square foot dwelling with an 837 square foot footprint is modest in size; however, variances to the front, side and rear yard setbacks, lot coverage and floor area ratio are needed. The dwelling currently located on the lot was constructed in 1950. The structure, as well as the rear deck and fencing encroach into the front, side and rear yard setbacks, as well as the unimproved public right-of-way at the rear of the property. The encroachment into the unimproved right-of-way is a common condition along this portion of Pleasure Avenue. The proposed dwelling will eliminate the encroachment into the right-of-way and lessen the encroachment into the front and side yard setbacks. The subject site was created by plat in 1924. Both the size (1,968 square feet) and width (30 feet) are substandard by the current zoning requirements, which would require a lot created today to be 5,000 square feet and 50 feet wide. Additionally, the lot is impacted by an unimproved right-of-way at the rear of the property. This right-of-way is heavily vegetated and slopes significantly up towards the adjacent property. Imposing the current setback and lot coverage requirements on the existing site would create a limited area in which a home could be constructed. Due to the limitations of the existing nonconforming lot, the applicant is requesting a variance to the front, side and rear yard setbacks. A variance to both side yard setbacks is requested to be able to accommodate a 20 foot wide home. The front wall of the dwelling will meet the 20 foot front yard setback; however, the covered front porch and stairs will encroach 6 feet into that setback. The rear of the proposed dwelling will be located 3.72 feet from the rear property line along the unimproved right-of-way. The applicant is also requesting a variance to the lot coverage and floor area ratio allowed on the site. Lot coverage of 837 square feet instead of 688.8 square feet allowed and a floor area ratio of 1600 square feet instead of 1377.6 square feet allowed are desired in order to accommodate the proposed dwelling. Impervious cover will remain less than the allowable amount of 60%.

If approved the following conditions are recommended:

1. The proposed single family dwelling shall be constructed in substantial adherence to the submitted site survey entitled “LOT 20 PLEASURE HOUSE CAMP”, dated 1/13/2014 and prepared by Gallup Surveyors & Engineers, Ltd.

2. The proposed single family dwelling shall be constructed in substantial adherence to the submitted floor plan and front elevation, prepared by Battaglia Design.

Case #D-1Glenn & Denise Saucier

March 5, 2014

PREPARED BY: CHRIS LANGASTER DESCRIPTION OF REQUEST: request a variance to a ‘0’ foot front yard setback (North side) instead of 5 feet as required and to waive the required Category I Landscaping (Existing Fence & Wall) LOCATION: 4325 Lynnville Crescent Lot 35, Thalia Acres

Lynnhaven District #5 GPIN: 1477-87-5770 ZONING: R-20, RMA YEAR BUILT: New construction AICUZ: noise zone less than 65dB DNL BOARD OF ZONING APPEALS HISTORY: On January 15, 2014, the BZA encouraged the applicants to voluntarily defer their request to allow them the opportunity to decide on the details of their proposal. SUMMARY OF PROPOSAL: The applicants would like to retain and repair an existing fence/wall presently located on the front property line and partially on the right-of-way along Lynnville Crescent, instead of 5-feet as required. Additionally, the applicants are requesting to waive the Category I Landscaping screening as required where the fence/wall is within10-feet and parallel with a street. The fence/wall was originally constructed in conjunction with the single-family dwelling located on the adjoining lot to the east of this lot. This legally recorded lot was subsequently sold to the applicants and now will be developed with a proposed single-family dwelling. As recommended by the BZA, the applicants have reevaluated their proposal and have decided to repair and resurface the existing brick wall and columns with Dutch Quality Stone that will be compatible with the stone used on the proposed dwelling. They also intend to remove the wooden pickets located within the 50-foot setback and presently installed between the columns. The pickets will be replaced with decorative aluminum piping intended to provide an attractive accent to the fence/wall. A portion of the fence/walI has been removed and will not be replaced in anticipation of installing a driveway. In addition, these improvements will include topping the columns with capstones as well as replacing the existing wooden gate with custom aluminum gate. As noted above, this fence is located partially in the right-of-way along Lynnville Crescent. An encroachment agreement has been submitted to the Real Estate Office and is currently under review. Staff is awaiting the outcome of this variance request before ruling on the encroachment agreement. Plans for the single-family dwelling have been submitted to (DSC) Development Service Center and have been approved contingent on receiving a variance for fence/wall and encroachment agreement.

If approved, the following conditions are recommended:

1. All improvements shall be made in substantial adherence to the submitted site plan and hand drawn elevations provided by the applicant.

2. Dutch Quality Stone (sienna color) shall be used to resurface the existing fence/wall

and each column shall be topped with a capstone in accordance with the building material samples provided.

3. With the exception of the improvements previously mentioned in this request, the existing fence/wall shall not be altered or expanded without further consideration from the Board of Zoning Appeals.

4. A building permit must be obtained prior to commencing with the proposed improvements of the existing fence/wall.

Case #A-1Twenty-Five SAC Self Storage

March 5, 2014

DESCRIPTION OF REQUEST: requests an appeal of the Zoning Administrator’s Designee’s letter dated October 29, 2013 regarding the location of an above ground tank and signage LOCATION: 4950 Virginia Beach Boulevard Bayside District #4 GPIN: 1477-15-0655 ZONING: B-2, RMA

Case #A-2BFS Retail & Commercial Operations

March 5, 2014

DESCRIPTION OF REQUEST: requests an appeal of the Zoning Administrator’s designee letter of decision dated December 16, 2013 regarding the nonconforming status of a freestanding sign LOCATION: 953 Chimney Hill S/C Rose Hall District #3 GPIN: 1486-54-7427 ZONING: B-2, RMA