Case #1
Tanya Antoinette Gills
June 3, 2015
PREPARED BY: CHRIS LANGASTER
DESCRIPTION OF REQUEST: requests a variance to a 13 foot rear yard setback
(Northwest) instead of 20 feet as required for a proposed building addition
LOCATION: 1529 Still Harbor Lane
Lot 2, Lake Christopher
Centerville District #1
GPIN: 1465-25-8910
ZONING: R-7.5
YEAR BUILT: 1977
AICUZ: noise zone less than 65DB DNL
REPRESENTATIVE: Ken Reed of
Accent Builders
SUMMARY OF PROPOSAL: The applicant is
proposing to construct 10’ x 16’ room addition
13-feet from the rear property line, instead of 20-feet as required. The proposed
one-story addition will be constructed over an existing concrete patio and will
square off the northwest corner of the existing one-story single-family dwelling.
At the time this dwelling was built the minimum rear yard setback was 10-feet;
therefore, the existing dwelling is presently nonconforming in regards to the rear
yard setback. The addition will comply with the required side yard setback as well
as align with the dwelling where it is parallel with the rear property line.
Based on the building elevations/plans, the proposed addition will be
architecturally compatible with the existing dwelling.
CONSIDERATIONS:
 The proposed addition will square off the northwest corner of the dwelling
and align the with both the south and west walls of the existing dwelling
 The proposed addition will align with existing dwelling where it is parallel
with the rear property line; therefore, the setback will not increase with this
proposal
 This request is not expected to create a detriment to the adjoining property
owners
 No opposition was received for this request
RECOMMNEDED CONDITION:
1. The proposed one-story addition shall be constructed in substantial
adherence to the submitted site plan and building plans found in the file
Case #2
Public Utilities/City of Virginia Beach
June 3, 2015
PREPARED BY: CHRIS LANGASTER
DESCRIPTION OF REQUEST: requests a variance to an 8 inch side yard setback
(Southwest) instead of 5 feet as required and to a 3.5 foot rear yard setback (Southeast)
for a proposed raised concrete slab and to a 4.5 foot side yard setback (Southwest)
instead of 5 feet as required for a proposed generator
LOCATION: 134 Pinewood Road
Lynnhaven District #5
GPIN: 2418-64-0222
ZONING: R-40, RPA
YEAR BUILT: 1992
AICUZ: noise zone 65-70dB DNL
REPRESENTATIVE: John McDonald of
Public Utilities
SUMMARY OF PROPOSAL: The
applicants are requesting to install a raised concrete slap for a stand-by
generator 8-inch from the side property line instead of 5-feet and 3.5-feet from the
rear property line, instead of 5-feet each as required. A variance is also requested
to install a stand-by generator 4.5-feet from the southwest side property line,
instead of 5-feet as required.
CONSIDERATIONS:
 The site is surrounded on all sides by the Cavalier Golf Course; therefore, it
will not have any direct impact on any adjoining property owners
 The setback variance requested for the generator is minor in nature and
will not create detriment to the surrounding community
 This proposal is not expected to create a detriment to the adjoining
property owners
 No opposition was received for this request
RECOMMNEDED CONDITIONS:
1. The proposed Generac SG035 35kW Industrial stand-by generator and
concrete slab shall be installed in substantial adherence to the submitted
site and building plans.
2. The generator shall be operated during emergency power outages and for
maintenance and testing purposes.
Case #3
Philip and Page Dickerson
June 3, 2015
PREPARED BY: CHRIS LANGASTER
DESCRIPTION OF REQUEST: request a variance to a 13 foot front yard setback
(North) instead of 20 feet as required for a proposed covered porch, stoop and stairs;
and to allow 1 off street parking space instead of 2 as required
LOCATION: 110 81st Street
Lot 11, Cape Henry
Lynnhaven District #5
GPIN: 2419-69-1052
ZONING: R-5R, RMA
YEAR BUILT: 1940
AICUZ: noise zone less than 65dB DNL
REPRESENTATIVE: Eddie Bourdon of
Sykes, Bourdon, Ahern & Levy
BOARD OF ZONING APPEALS HISTORY: On September 19, 1990, variances were
Granted to a 16.2-foot front yard setback instead 20-feet as required for a front
porch and to a 4.7-foot side yard setback, instead of 8-feet as required for a
proposed room addition
SUMMARY OF PROPOSAL: The applicants would like to replace an 8’x 6’covered
porch, stoop and stairs with a 13’ x 5.5’ covered porch, stoop and stairs at a 13foot setback from the front property line, instead of 20-feet as required. In
addition, the applicants are seeking a variance to allow (1) off-street parking
space, instead of (2) parking spaces as required. The porch is presently under
construction and is being placed appropriately in the same footprint as the
previous porch. According to city’s records, a variance was granted to a 16.2-foot
front yard setback for a covered porch. Consequently, it appears a stoop and
stairs was subsequently added and they only maintain a 12.6-foot front yard
setback. Staff is unclear when this encroachment occurred or whether a building
permit was obtained.
The required (2) off-street parking spaces have been deemed nonconforming.
However, the applicant has voluntarily offered to install (1) off-street parking
space and is requesting a variance to waive (1) off-street parking space. Staff
traditionally honors the nonconforming status of the required (2) off-street
parking spaces. The parking spaces would only be required if the use of the
property changed, in which, facilitated a need for additional parking.
Although, the new porch will be slightly larger than the previous porch, it will be
set back slightly more from the front property line than the previous porch. The
new porch will add an architecturally pleasing element to this home and is not
expected to create detriment to the adjoining property owners.
CONSIDERATIONS:
 The front yard setback will slightly increase with this proposal and enhance
the appearance of this home.
 It appears improvements were made without the benefit of a building
permit or under the advisement of staff, thus creating the existing
encroachments
 The North Virginia Beach Civic League is not opposed to this request
RECOMMNEDED CONDITIONs:
1. The proposed porch shall be completed in substantial adherence to the
submitted site plan
2. The stoop and steps front of the porch shall not be covered.
Case #5
Angelique & Maynard Massey
June 3, 2015
PREPARED BY: KEVIN KEMP
DESCRIPTION OF REQUEST: request a variance to a 10 foot rear yard setback
(Northeast) instead of 20 feet as required for a proposed building addition; and to a 5
foot rear yard setback (Northeast) instead of 20 feet as required for an existing shed;
and to a 5 foot front yard setback (Southwest) instead of 30 feet as required for existing
fencing over 4 feet in height; and to a 9 foot front yard setback (Southwest) instead of
10 feet as granted by a variance on November 2, 1988 for an existing inground pool
LOCATION: 1172 Brattleboro Arch
Lot 4, Bellamy Woods
Kempsville District #2
GPIN: 1475-69-1482
ZONING: R-10
YEAR BUILT: 1987
AICUZ: Less than 65 dB DNL
REPRESENTATIVE: Don Sanders
SUMMARY OF PROPOSAL: The
subject parcel is located at the corner
of Brattleboro Arch and Birks Lane in
the Bellamy Woods subdivision.
According to Section 111 of the
Zoning Ordinance, the front property
line is the “narrowest boundary fronting on a street.” On the subject parcel, the
front property line is adjacent to Birks Lane, even though the home is oriented
facing Brattleboro Arch. The rear property line, opposite of the front property line,
is where a variance is requested for a proposed home addition and an existing
shed. Additionally, a variance is requested to the side yard setback in order to
retain an existing in-ground pool and fence. A description of each variance is
listed below.
(1) Rear sunroom addition- The submitted site plan shows a 12-foot by 21foot, one-story sunroom addition extending from the rear corner of the
home. The proposed addition is in line with the exterior wall of the home
and is located 10-feet from the rear property line, instead of 20-feet as
required.
(2) Existing shed- There is an approximately 65 square foot shed located
on the north side of the existing home. Normally, a shed less than 150
square feet has a rear yard setback of 5-feet; however, the shed is located
less than 10-inches from the exterior wall of the home. The shed is
therefore is considered part of the primary structure and needs to meet the
20-foot rear setback. A variance is requested to a 5-foot rear yard setback
so the shed can remain where it is currently located.
(3) Existing Fence- There is an existing fence located along the east side
property line. It appears that the fence was constructed to be 4-feet high to
meet the requirements of the Zoning Ordinance. At some point, 2-feet of
lattice was added to the top of the fence. A variance is thus required for the
fence to remain. Staff was not able to locate a permit for the fence,
searching City records back to 1990. Satellite imagery indicates that the
lattice was added to the fence sometime after 2002.
(4) Existing in-ground pool- A variance was granted in 1988 that allowed
the pool to be constructed 10-feet from the property line adjacent Birks
Lane. The submitted site survey shows that the pool was constructed 9feet from the property line. This variance is requested so that the pool can
remain.
CONSIDERATIONS:
 The existing home, located 10.1-feet from the rear property line, was
constructed in 1987. The rear yard setback in 1987 was 10-feet. In 1988, the
setback was changed to 20-feet in the R-10 Zoning District.
 The proposed addition is in line with the exterior of the wall of the home
and will not encroach any further into the required rear yard setback.
 The proposed addition meets all other dimensional requirements of the
Zoning Ordinance.
 The storage shed is located approximately 5-feet from the rear property
line. A shed less than 150 square feet in size, if the shed were located
further than 10-inches from the exterior wall of the home, would have a 5foot rear setback. The subject shed is located 7-inches from the exterior
wall of the home.
 The existing fence that encroaches into the required front yard setback is
entirely screened from view from the right-of-way by a row of mature
vegetation along Birks Lane.
 The existing in-ground pool was granted a variance to be located 10-feet
from the front property line. It was constructed 9-feet from the property line
in error.
 Staff was not able to locate any complaints that have been filed on the
subject property. As such, granting a variance for the existing shed, fence
and pool to remain in their current locations are not expected to adversely
impact the surrounding properties.
RECOMMENDED CONDITIONS:
1. When developed the site shall be in substantial conformance with the
submitted site plan entitled “PHYSICAL SURVBEY OF LOT 40
SUBDIVISION OF BELLAMY WOODS SECTION ONE KEMPSVILLE
BOROUGH, VIRGINIA BEACH, VIRGINIA FOR MAYNARD E. MASSEY &
ANGELIQUE Z. MASSEY,” dated October 20, 1994 and prepared by
Hoggard/ Eure Associates.
2. The variance to the rear yard setback for the existing storage shed shall be
for the life of the shed only. Should the shed be replaced or require
significant repair, all required setbacks must be met or another variance
granted by the Board of Zoning Appeals.
3. The rear home addition shall be limited to one-story in height.
Case #6
Public Utilities/City of Virginia Beach
June 3, 2015
PREPARED BY: CHRIS LANGASTER
DESCRIPTION OF REQUEST: requests a variance to a 14 foot front yard setback
(West) instead of 30 feet as required for a new pump station building exceeding 400
square feet; and to a 4 foot front yard setback (West) instead of 30 feet as required for a
proposed privacy fence; and to allow a total fence height of 10 feet instead of 4 feet as
allowed in the front yard setback; and to waive the required Category I Landscaping in
front of the proposed fence; and to a 6 foot front yard setback (West) instead of 30 feet
required for a proposed generator
LOCATION: 544 Kempsville Road
Kempsville District #2
GPIN: 1466-77-4982
ZONING: R-10, RPA
YEAR BUILT: New construction
AICUZ: noise zone less than 65dB DNL
REPRESENTATIVE: Edwin GarciaCardona of Public Utilities
BOARD OF ZONING APPEALS HISTORY: A
variance to a 4-foot front yard setback,
instead 30-feet as required was Granted for
a pump station addition. (This variance was never activated).
SUMMARY OF PROPOSAL: The applicant is seeking variances to a 14-foot front
yard setback instead of 30-feet as required for a proposed pump station building;
and to a 4-foot front yard setback instead of 30-feet as required for a 10-foot
shadow fence; and to allow a maximum of 10-feet in fence height instead of 8-feet
as allowed and waive category I landscaping screening as required when a fence
is installed within 10-feet of a street. In addition, a variance is sought to a 6-foot
front yard setback, instead of 30-feet as required for a proposed generator.
An existing pump station building will be demolished with this proposal and the
generator is planned to be placed over the footprint of the old building. The
existing pump station will remain operational until new pump station is fully
operational; at which time, the existing pump station building will be demolished
in preparation for the placement of the generator.
Presently a 4-foot brick parapet wall is installed along Kempsville Road in front
on both the proposed pump station building and generator location. This wall
was installed as part of the overall Kempsville Road widening project. Though the
wall will offer some screening, a great deal of the proposed building and
generator will be visible from Kempsville Road. A 10-feet wooden shadow fence
will be installed around the proposed generator, which is expected to screen the
generator from view as well as mitigate the sound outputs produced by the
generator.
Staff has discussed the potential of increasing the proposed generator setback
from the property line adjacent to Kempsville Road. Though the applicant
considered the possibilities of increasing the setback during the layout and
design phase; it has been decided the generator cannot be moved due to access
and maneuverability needed for maintenance vehicles and because of site
grading conditions.
The applicant is seeking to acquire additional property from the adjoining school
site to the (west) rear of the site. This property will be used as a temporary
construction easement. The Virginia Beach School Board will decide on this
acquisition on June 9, 2015.
CONSIDERATIONS:
 The size, shape, topography and flood plain requirements on this site
considerably restrictions the applicant’s ability to install a pump station
building and generator needed to accommodate the flow capacities
received at this pump station
 The proposed pump station will be architecturally compatible with the
surrounding community
 It appears to be an opportunity to increase the proposed generator and
enclosure setback from the property line adjacent to Kempsville Road
 The proposed generator will be placed approximately 300 feet from the
nearest dwelling and a 10-foot shadow fence enclosure will mitigate the
sound output of the generator
 This proposal is not expected to have a detriment on the surrounding
property owners or community
RECOMMNEDED CONDITION:
1. The proposed pump station building and generator (enclosure) shall be
constructed in substantial adherence to the submitted site and building
plans provided in the file