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ORDER THE FRONT ROYAL BOARD OF ZONING APPEALS MEETING FOR SEPTEMBER 15TH, 2026 BECAUSE WE DO NOT HAVE A SECRETARY PRESENT.MAY I PLEASE HAVE A ROLL CALL FROM STAFF.
TIM BROGAN, VICE CHAIRMAN SMID HERE.
UH, CHAIRMAN, UH, TAYLOR IS ABSENT.
MR. BROGAN HERE YOU DO HAVE A QUORUM VARIANCE APPLICATION NUMBER 2 6 0 0 4 3 7 SUBMITTED BY E-S-C-E-S-C HOMES LLC FOR A VARIANCE FROM THE REQUIRED CORNER LOT SIDE YARD SETBACK.
A SET FORTH IN TOWN CODE 1 75 DASH 18 FEE FOR A VACANT PARCEL OF LAND LOCATED AT THE INTERSECTION OF EAST 13TH STREET IN WARREN AVENUE AS IDENTIFIED BY TAX MAP 20 A THREE SECTION FOUR BLOCK 55, PARCEL 24.
THE PROPERTY IS ZONED R ONE RESIDENTIAL DISTRICT.
THE REQUESTED VARIANCE WOULD PERMIT A CORNER LOT SIDE YARD SETBACK OF 15 FEET.
THE REQUIRED SIDE YARD SETBACK IS 30 FEET.
DOES STAFF HAVE A PRESENTATION PREPARED FOR THIS ITEM? SURE.
WHAT SCREEN WOULD YOU LIKE TO LOOK AT? DOES, DOES IT MATTER? PROBABLY THIS ONE'S EASIEST.
UH, SO THERE'S THE APPLICATION, A SIDE YARD SETBACK, CORNER LOT SIDE YARD SETBACK.
THEY'RE REQUESTING IT TO BE 15 FEET CODE REQUIRES IT TO BE 30.
UH, SO THERE IS THE VACANT LOT AT THE INTERSECTION OF 13TH AND WARREN AVENUE.
THIS IS THE HANG 10 CAR WASH HERE.
WE'LL COME BACK TO THIS PHOTOGRAPH HERE IN A MO MOMENT.
UH, SO WITH THE APPLICATION, UH, AS YOU NOTICE ON THE APPLICATION, TOWN CODE 1 75 13 C REQUIRES THE MINIMUM AREA TO BE TO 10,000 SQUARE FOOT.
FOR THE LOT, THE LOT ONLY HAS 7,500.
SO THE LOT IS SMALLER IN AREA THAN WHAT IS REQUIRED BY TOWN CODE.
UH, THE LOT WIDTH BY TOWN CODE 1 75 18 C IS REQUIRED TO BE A HUNDRED FEET.
HOWEVER, THE LOT IS ONLY 50 FEET WIDE.
THE FRONT YARD SETBACK IS REQUIRED TO BE 35 AND THE APPLICANT BELIEVES THAT THEY CAN HAVE A 35 YARD FRONT YARD SETBACK SO THEY CAN MEET THAT CONDITION.
THE MINIMUM SIDE YARD SETBACK ON THE LEFT HAND SIDE IS REQUIRED, UH, IS REQUIRED TO HAVE 10 FEET AND THEY WILL HAVE 10 FEET.
UH, THE CODE REQUIRES ON THE RIGHT SIDE OR THE CORNER SIDE TO BE 30 AND THE APPLICANT IS ASKING FOR A VARIANCE TO REDUCE THAT DOWN TO 15.
THEY WOULD MEET THE REAR YARD SETBACK OF 30 FEET.
AND AGAIN, THE PUBLIC STREET FRONTAGE CODE REQUIRES IT TO BE A HUNDRED AND THE APPLICANT HAS 50.
SO THE LOT IS SMALLER IN SIZE AND IN WIDTH AND WHAT THE CODE REQUIRES.
HOWEVER, THAT WAS APPROVED UH, YEARS AGO WHEN THE SUBDIVISION WAS RECORDED.
SO NOW IT IS A LEGALLY NON-CONFORMING LOT.
IT IS SMALLER, IT WAS APPROVED, IT WAS LEGAL AT THE TIME.
NOW IT IS SMALLER IN SIZE AND SMALLER THAN WIDTH THAN WHAT TOWN CODE REQUIRES.
SO THAT'S WHAT WE REFER TO AS LEGALLY NON-CONFORMING TOWN APPROVED IT.
BUT NOW TODAY IT DOES NOT MEET THE REQUIREMENTS.
SO THEY'RE ONLY ASKING FOR ONE VARIANCE.
THE VARIANCE ON THE RIGHT SIDE, THE 15 TO A REDUCTION FROM 30 FEET TO 15 FEET ON THE CORNER SIDE, THAT'S PART OF THE APPLICATION.
SO IF WE DO A LOT SIZE COMPARISON, THIS OUTLINE HERE IS THE LOT WITH THE 50 FOOT, BUT THE LOT ON A CORNER WOULD REQUIRE TO BE A HUNDRED FOOT WIDE.
SO IT'S HA BASICALLY HALF THE SIZE THAT IT SHOULD BE BY CURRENT TODAY'S STANDARDS.
UH, IN YOUR STAFF REPORT, WE GO OVER A COUPLE OF THINGS AND UH, IF YOU NOTICE BACK AT THIS DIAGRAM HERE, THIS STREET ON WARREN AVENUE IS SHOVED OVER TO THE EAST SIDE OF THE RIGHT OF WAY.
SO THIS LINE HERE IS THE RIGHT OF WAY, THE EAST RIGHT OF WAY.
AND THIS HERE IS THE WEST SIDE RIGHT OF WAY AND ALSO THE PROPERTY LINE.
SO THE STREET IS SHOVED OVER TO ONE SIDE, UNLIKE BELMONT, YOU CAN SEE THAT BELMONT IS CENTERED IN THE RIGHT OF WAY.
WARREN AVENUE IS NOT AND THE PAVEMENT IS SHOVED OVER TO THE SIDE.
THERE'S BEEN SOME DEVELOPMENT ON THE NORTH END OF WARREN AVENUE WHERE THEY'VE INSTALLED CURB AND GUTTER ON THESE OTHER LOTS WERE RECENTLY BUILT.
IF PUBLIC WORKS WERE TO UPGRADE THE STREET, YOU WOULD HAVE TO MEET POUND STANDARDS FOR THE STREET WIDTH.
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IF WE EXTEND THE CURB AND GUTTER DOWN TO THIS RETURN, IT WOULD HAVE THE REQUIRED STREET WIDTH OF 36 FEET.SO ESSENTIALLY IF THE CURB AND GUTTER WOULD GET BUILT, IT WOULD END HERE AND THE DISTANCE FROM THE CURB TO THE PROPERTY LINE WOULD BE ABOUT 17 FEET.
UNLIKE OVER HERE WHERE IT'S IN THE CENTER, SINCE IT'S SHOVED TO ONE SIDE FROM THE CURB TO THE PROPERTY LINE WOULD BE ABOUT 17 FEET AT THAT POINT, WITH THE VARIANCE OF 15, IF IT WAS GRANTED, THE HOUSE WOULD BE ABOUT 32 FEET OFF OF THE RIGHT OF WAY LINE.
UH, YOU MAY WANNA KEEP THAT IN MIND.
AND THE HOUSE, THEY'RE PROPOSING THE HOUSE TO BE SLID BACK TO 35 FEET REQUIRED.
SO IF TRAFFIC WAS TO COME HERE TO MAKE THIS TURN AND TO STOP, THEY WOULD BE STOPPING HERE AND THAT WOULD BE THE SITE TRIANGLE TO MAKE SURE NOTHING OBSTRUCTS OUR VISION.
SO THE HOUSE WOULD BE SHOVED BACK HERE, THE STREET WOULD BE HERE.
UH, WE MEASURED A DISTANCE AND THE SITE TRIANGLE FOR TRAFFIC WOULD BE CLEAR ON THAT CORNER LOT BECAUSE AGAIN, THE STREET IS SHOVED OVER TO THE SIDE, UNLIKE BELMONT, WHICH IS DESIGNED AND PUT IN CORRECTLY.
SO A COUPLE THINGS AND THERE'S THEIR PROPOSED LOCATION JUST FOR VISUAL PURPOSES.
TO GIVE YOU AN IDEA, THEY'RE ASKING FOR THIS REDUCTION TO BE 15 FEET.
THEY WOULD EVEN PUSH THE HOUSE BACK FURTHER AT THIS POINT.
AND CODE REQUIRES 10 AND THEY ARE GOING TO PUT THE, WOULD LIKE TO HAVE THE HOUSE AT 11.
SO TO MEET THE SIDE, UH, YARD SETBACKS HERE, THE FRONT AND THE REAR, AND ASK THE REDUCTION, UH, FROM 30 TO 15, THE LOT ONLY BEING 50 FOOT WIDE.
UH, COUPLE THINGS TO CONSIDER.
JUST REFRESH YOUR, UH, KNOWLEDGE.
THE VCA MUST OFFER EQUAL AMOUNT OF TIME IN A HEARING ON THE CASE TO THE APPLICANT AND TO THE STAFF OF THE LOCAL GOVERNING BODY.
SO THE APPLICANT HAS A CHANCE TO SPEAK AFTER STAFF.
DO YOU HAVE ANY QUESTIONS? UH, WHAT WE DISCUSSED AT THE BEGINNING PART OF THE APPLICATION, DO YOU HAVE ANY QUESTIONS SO FAR? OKAY.
UH, SO DECISIONS, UH, THE BZA MUST GRANT A VARIANCE.
IF THE EVIDENCE SHOWS THAT THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WOULD BY STATE CODE UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY OR THAT GRANTING OF THE VARIANCE WOULD ALLEVIATE A HARDSHIP.
AS YOU KNOW, AS CERTIFIED DCA MEMBERS, THE STATE DOES NOT DEFINE THE WORD HARDSHIP.
SO TO ALLEVIATE A HARDSHIP DUE TO PHYSICAL CONDITIONS RELATING TO THE PROPERTY OR IMPROVEMENTS THERE ON AND A TIME EFFECTIVE DATE OF THIS ORDINANCE.
AND THE PROPERTY INTEREST OF WHICH THE VARIANCE IS BEING REQUESTED WAS ACQUIRED IN GOOD FAITH.
AND WE'LL TOUCH ON THAT IN A MOMENT.
AND ANY HARDSHIP WAS NOT CREATED BY THE APPLICANT.
UM, AND I THINK IF YOU REMEMBER RIGHT, WE HAD A APPLICATION LAST YEAR WHERE THE, UH, APPLICANT BUILT THE HOUSE ACROSS THE SETBACK LINE.
THAT WAS WHERE THE BCA DETERMINED THAT HE CREATED THE HARDSHIP BY BUILDING THE HOUSE ACROSS THE SETBACK LINE.
UH, NUMBER TWO, THE GRANITE OF THE VARIANCE WILL NOT BE OF SUBSTANTIAL DETERMINED TO THE ADJACENT PROPERTY AND HEREBY PROPERTIES.
THE CONDITION OR SITUATION OF PROPERTY CONCERN IS NOT A GENERAL OR REOCCURRING IN NA, A NATURE ESTIMATE REASONABLE PRACTICAL FORMATION OF THE GENERAL REGULATION.
MEANING DO WE HAVE SUBSTANTIAL, A LOT OF LOTS THAT MEET THIS IN THIS SUBDIVISION AND WE VERIFIED THAT IN YOUR STAFF REPORT.
WE DID NOT SEE ANY LOTS VACANT LOTS THAT HAD THIS SAME THING.
UH, NUMBER FOUR, THE GRANT IN THE VARIANCE DOES NOT RESULT IN A USE THAT IS NOT OTHERWISE PERMITTED.
SO IT IS, UH, ZONED R ONE RESIDENTIAL.
WE ARE NOT CHANGING THE ZONING CLASSIFICATION THAT WILL STAY THE SAME.
UH, THE REMEDY OR THE RELIEF OR REMEDY SOUGHT BY THE VARIANCE APPLICATION IS NOT AVAILABLE THROUGH A SPECIAL EXCEPTION PROCESS.
MEANING THERE IS NO OTHER MEANS BY TOWN CODE THAT THEY COULD HAVE A VARIANCE GRANTED.
UH, THEY CANNOT SEEK A SPECIAL EXCEPTION THROUGH TOWN COUNCIL OR SOMETHING ELSE CHANGED.
SO THIS IS THEIR ONLY MEANS FOR VARIANCE TO BE GRANTED.
SO THEY DO MEET THAT PART OF THE REQUIREMENT.
SO A COUPLE PRINCIPLES FOR VARIANCES, UH, THEY ONLY SHOULD BE GRANTED TO ACHIEVE PARODY WITH THE OTHER PROPERTIES IN THE DISTRICT, NOT THE GRANT.
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ADVANTAGES AND THEY SHOULD BE GRANTED SPARINGLY AND THE VARIANCES GRANTED, IT RUNS WITH THE LAND, MEANING IT IS NOT WITH THE OWNER, IT GOES WITH THE PROPERTY IN PERPETUITY.UH, EACH APPLICATION SHOULD BE CONSIDERED ON ITS OWN MERITS.
SO THE VA SHOULD BE CONSISTENT BUT NOT TIED TO PRECEDENTS.
MEANING IF YOU DENIED AN APPLICATION LAST MONTH, THAT DOES NOT MEAN YOU DENY AN APPLICATION THIS MONTH OR IN REVERSE.
IF YOU APPROVE ONE LAST MONTH, NOT NECESSARILY SHOULD YOU APPROVE ONE THIS MONTH.
EACH ONE IS BASED ON ITS OWN MERITS, TYPICALLY WITH CORNER LOTS.
UH, TYPICALLY REASON FOR DENIAL IS THE, UH, SITE TRIANGLE, WHICH WOULD ENDANGER PUBLIC HEALTH, SAFETY AND WELFARE.
THEY COULD NOT MEET THAT SITE TRIANGLE.
THAT'S REASON THOSE LOTS GENERALLY ARE LARGER ON THE CORNER SO THE HOUSES DON'T SET CLOSE TO THE CURB THAT WOULD INSTRUCT TRAFFIC.
THAT WOULD BE A PUBLIC HEALTH ISSUE.
UH, AND ONLY APPLIED IF THERE'S NO EXISTING REASONABLE USE OF THE PROPERTY.
SO THAT'S ONE THING YOU SHOULD CONSIDER ON THAT.
UH, SO VARIANCE DO NOT, THEY DO NOT GRANT GREATER RIGHTS TO THE PROPERTY OWNER.
THEY DO NOT EXEMPT OR RELIEVE THE PROPERTY OWNER FROM COMPLYING WITH OTHER CODE SECTIONS.
SO THE APPLICATION BEFORE YOU IS ONLY FOR THE VARIANCE.
ANYTHING ELSE WITHIN POUND CODE OR STATE REQUIRES THAT DOES NOT RELIEVE THE THEM OF THOSE REQUIREMENTS.
UH, VARIANCE DO NOT ALLOW A CHANGE IN USE.
MEANING IT IS NOT GONNA BE REZONED OR ANOTHER USE COMMERCIAL USE OR ANYTHING LIKE, LIKE THAT IN THERE.
ONLY IT IS NOT DOING ANY CHANGE WITH THAT.
VARIANCES DO NOT AND VARIANCES DO NOT CONVERT A SPECIAL PRIVILEGE OVER OTHER PROPERTIES IN THE DISTRICT.
THOSE ARE THINGS VARIANCES DO NOT DO.
UH, SO THE HARDSHIP, WHICH THE STATE DOES NOT DEFINE IN THE REGULATION, YOU HAVE TO DETERMINE IF A HARDSHIP IS WITH THIS APPLICANT.
UH, A QUALIFYING CONDITION OF THE PROPERTY MUST EITHER ARISE FROM THINGS TO CONSIDER THE PROPERTY'S EXCEPTIONAL NARROWNESS, SHALLOWNESS SIZE OR SHAPE.
ANOTHER WOULD BE THAT PROPERTY'S EXCEPTIONAL TOPOGRAPHICAL CONDITIONS OR OTHER EXTRAORDINARY CON SITUATIONS OR CONDITIONS.
BASICALLY IF YOU, YOU KNOW, ALL OF US WATCH TV OR WHATEVER LIKE OUT IN CALIFORNIA WHERE THEY BUILD HOUSES ON THE, LIKE THE MALIBU CLIFFS RIGHT? OR STRAIGHT UP AND DOWN.
SO REASONABLY YOU COULD NOT PUT A HOUSE OVER TO CLIFF.
SO MAYBE THEY WOULD HAVE TO GRANT A VARIANCE TO HAVE THEM CLOSER TO THE STREET, JUST AS AN EXAMPLE.
AND THAT EXTRAORDINARY SITUATION OR CONDITION OF THE PROPERTY IMMEDIATELY ADJACENT, YOU COULD GRANT A VARIANCE OR TO CONSIDER THOSE A HARDSHIP ON ANY OF THOSE THREE, UH, QUALIFYING CONDITIONS.
SO JUST TO SUMMARIZE, UH, FOR VARIANCE, THEY MUST MEET ALL OF THESE WAS ACQUIRED IN GOOD FAITH.
SO THE APPLICANT, UH, WHEN WE SPOKE TO THE APPLICANT, THEY BOUGHT THE PROPERTY AND REALIZED WHEN THEY WERE PURCHASING THE PROPERTY, THEY HAD KNOWLEDGE THAT THEY WOULD HAVE TO HAVE A VARIANCE PUT THE HOUSE ON THERE THAT THEY WANTED, UH, STATE LAW OR CASE LAW.
SPENCE VERSUS THE BOARD OF ZONING APPEALS OF THE CITY OF VIRGINIA BEACH WENT TO THE VIRGINIA STATE SUPREME COURT AND THE VIRGINIA SUPREME COURT UNDER THIS RULING HERE, 1998, SAID YES, EVEN THOUGH THE APPLICANT BOUGHT THE PROPERTY AND HAD KNOWLEDGE THAT THE VARIANCES IS, IS REQUIRED FOR THEIR SITUATION, THAT IS INQUIRED BY GOOD FAITH, THEY REALIZE THAT THAT'S WHY THEY'RE HERE TO THE STATE SUPREME COURT RULED IN 1998.
THAT IS STILL GOOD FAITH EVEN THOUGH THE APPLICANT KNEW THEY NEED A VARIANCE.
OKAY, ANOTHER CRITERIA, THE HARDSHIP NOT CREATED BY THE APPLICANT THAT MEET ALL OF THESE.
THERE'S NO DETRIMENTAL IMPACT ON THE NEARBY PROPERTY, UH, CONDITIONS OF THE PROPERTY AND IS NOT GENERAL OR REOCCURRING TO BE ADDRESSED BY AN ORDINANCE AMENDMENT.
MEANING WE DON'T HAVE SEVERAL OF THESE IN THE SUBDIVISION THAT BASICALLY WE SHOULD LOOK AT.
MAYBE WE SHOULD REDUCE THE CORNER YARD LOT REQUIREMENTS.
IF WE HAD NUMEROUS OF THESE, THEN THAT TELLS US THAT POTENTIALLY WE HAVE SOMETHING WRONG IN OUR ZONING ORDINANCE.
IF IT'S REOCCURRING AND RELIEF IS NOT AVAILABLE THROUGH OTHER MEANS.
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CRITERIA THAT YOU WOULD HAVE TO DECIDE IF THIS APPLICANT AND THIS APPLICATION FOR THIS PROPERTY IS GROUNDS TO HAVE A VARIANCE GRANTED.DO YOU HAVE ANY QUESTIONS ON THIS PART OF THE BZA OR ANY PART OF THE APPLICATION? I DO HAVE ONE QUESTION ACTUALLY.
THE SO ONE AND TWO SEEM LIKE SLIGHTLY CONTRADICTORY TO ME.
LIKE CAN YOU ARGUE THAT THE HARDSHIP WAS CREATED BY THE APPLICANT IF THEY KNEW THAT, THAT THERE WAS A VARIANCE NEEDED? I MEAN, I I KNOW WHAT YOU'RE SAYING ABOUT THIS.
I HAVE READ THAT 'CAUSE WE WENT OVER IT IN OUR TRAINING MM-HMM
THE BOARD OF ZONING APPEALS, BUT IT, THAT'S WHERE LIKE I GET IT, BUT IT ALSO SEEMS CONTRADICTORY.
SO I, I GUESS THE BEST WAY TO PHRASE THAT IS THE TOWN APPROVED THE LOT AT THAT S THE SIZE OF THE LOT WHEN THEY RECORDED THE PLAT AND APPROVED THE PLAT WITH THAT SIZE OF THE LOT.
UH, SO THE TOWN APPROVED THE LOT.
IT'S LEGALLY NON-CONFORMING NOW.
IT DOES NOT MEET CURRENT SIZE REQUIREMENTS FOR A CORNER LOT.
SO YOU COULD SORT OF ARGUE THAT LIKE THEY KNEW THEY WERE GONNA NEED A VARIANCE, BUT, BUT THERE WAS A REASONABLE MAYBE EXPECTATION THAT THE VARIANCE WOULD BE GRANTED CONSIDERING THAT IT WAS ALREADY ILLEGALLY NON-CONFORMING LOT COULD, YOU COULD REASONABLY THINK THAT.
ANY OTHER, DO YOU GUYS HAVE ANY QUESTIONS? NO.
UH, SO WE WILL MOVE THIS BACK.
THIS SLIDE, UH, YOU HAVE NO QUESTION FOR STAFF.
NOW WHAT WE WILL DO WITH THIS, UH, APPLICATIONS EQUAL TIME STAFF PRESENTS THE APPLICATION YOU GIVE EQUAL TIME, NOT MINUTES WISE, BUT YEAH, YEAH, YEAH.
TIME FOR THE APPLICANT'S RESPOND.
UH, IF YOU HAVE ANY OTHER QUESTIONS FOR STAFF, YOU CAN ASK STAFF AGAIN AFTER THE APPLICANT, THEN THE APPLICANT IS AFFORDED THEIR TIME AGAIN.
SO JUST TO KEEP THAT IN MIND, THAT IS THE POINT FOR YOU TO ASK QUESTIONS.
I JUST WANNA REITERATE, ONCE YOU ASK THE QUESTIONS AND YOU'RE SATISFIED WITH YOUR QUESTIONS AND YOU'RE JUST, UH, WITH THE APPLICANT OR STAFF, A MOTION NEEDS TO BE MADE.
WHEN YOU MAKE THE MOTION, NO FURTHER QUESTIONS CAN BE ASKED OF STAFF OR OF THE APPLICANT.
THAT IS TIME FOR YOU TO DISCUSS THE MATTERS YEP.
SO IF YOU HAVE QUESTIONS, IF YOU, SOMETHING COMES TO YOU AFTER THE APPLICANT, UH, DOES, THEY'RE REPORTED THEIR OPPORTUNITY.
IF YOU HAVE QUESTIONS FOR STAFF, WE CAN ANSWER THOSE.
BUT AGAIN, THE APPLICANT HAS TIME TO ADDRESS OR HAVE CLOSING COMMENTS ON THEIR APPLICATION JUST TO UNDERSTAND YOU SLOW THE MEETING.
SO WHEN YOU GET TO THE MOTION PART, JUST UH, REALIZE NO MORE QUESTIONS CAN BE ASKED OF STAFF OR THE APPLICANT.
WHEN YOU MAKE A MOTION, YOU'LL GET A MOTION ON THE FLOOR.
THE MOTION ON THE FLOOR IS TO DISCUSS THE MERIT OF THE APPLICATION BEFORE YOU OKAY.
JUST TO JUST WANT TO REESTABLISH THAT FOR YOU.
SO NO, I GUESS I DO HAVE ONE OTHER QUESTION.
SO FOR ON THE APPLICATION, IT SAYS MY PROPERTY WAS ACQUIRED IN GOOD FAITH WITHOUT POOR KNOWLEDGE OF THE RESTRICTIONS UPON IT AND THEY PUT INCORRECT.
OBVIOUSLY I CAN ASK THE APPLICANT AT THAT TIME, BUT I'M JUST, THAT SEEMS, AGAIN, I GO BACK TO MY CONTRADICTORY, MY PROPERTY WAS ACQUIRED IN GOOD FAITH WITHOUT POOR KNOWLEDGE OF THE RESTRICTIONS UPON IT.
BUT THEY CHECKED THE INCORRECT, WHICH MEANS YOU CAN INTERPRET IT AS PROPERTY WAS NOT ACQUIRED IN GOOD FAITH WITH YOU.
YOU, YOU GET WHAT I'M ASKING, UH, THAT THE APPLICANT PUT INCORRECT LIKE EVERYTHING ELSE IS CORRECT, BUT THE APPLICANT PUT INCORRECT.
DO YOU HAVE ANY UH, THAT'S PROBABLY A QUESTION YOU PROBABLY ASKED A YEAH, I THINK POTENTIALLY THAT PROBABLY SHOULD BEEN BY THE STATEMENT THEY HAVE HERE.
IT, IT APPEARS THAT THE WRONG BOX WAS CHECKED.
BUT IT SAYS WITHOUT FORE KNOWLEDGE OF THE RESTRICTIONS UPON IT, WHICH I SUSPECT IS WHAT LED THEM.
LIKE IF I WAS READING THAT I WOULD'VE CHECKED INCORRECT IF I HAD KNOWN IT.
SO I GET WHY SOMEONE MIGHT, BUT THAT'S, BUT AGAIN, THAT SEEMS TO CONTRADICT THE STATE LAW CASE DEFENSE VERSUS THEY SAID THAT KNOWLEDGE OF THE RESTRICTIONS UPON IT IS NOT, DOES NOT MAKE IT NOT IN GOOD FAITH.
SO IF THEY HAVE A LOT AND THEY BUY A LOT AND THEY, SOMEONE FOR EXAMPLE, WHETHER IT'S A TRIANGULAR SHAPED LOT AND THEY KNOW THEY NEED
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A VARIANCE AND THEY PURCHASE A PROPERTY ANYWAY AND THEY COME TO THE LOCAL BOAT BOARD OF ZONING APPEALS, THEY BOUGHT THAT IN GOOD FAITH.THE STATE SUPREME COURT SAID THEY HAD KNOWLEDGE OF THE SIZE OF THE LOT AND THEY HAD KNOWLEDGE THAT THAT HAD RESTRICTIONS ON IT OR THEY WERE NEEDING A VARIANCE.
MAYBE NOT FOR THIS TIME, BUT WE, WE SHOULD CONSIDER CHANGING THE APPLICATION 'CAUSE I THINK THAT'S CONFUSING.
BUT ANYWAY, THAT'S A WHOLE OTHER THING.
ANY OTHER QUESTIONS? NO, YOU GUYS? NO.
IS THE APPLICANT HERE AND WOULD LIKE TO SPEAK? YES.
IF YOU DON'T MIND, I'LL JUST MOVE ONE OF THOSE CHAIRS AND STAND OVER THERE UNTIL I GET I HAVE A VISUAL TO SHARE.
UM, AND JUST SO I DON'T RAMBLE ON, I JUST WANTED TO KIND OF READ LIKE WHAT I WAS GONNA SAY ABOUT IT.
SOME OF IT MIGHT BE REPETITIVE IF THEY ACT CAN STATE THEIR NAME AND ADDRESS FOR RECORD.
UM, MY NAME IS CHERYL S SPANGLER AND I CURRENTLY RESIDE IN WARTON, UM, 93 0 5 LEE RIDGE, VIRGINIA.
UH, THAT IS THE WAY IT WAS READ TO ANSWER YOUR QUESTION.
THE WAY IT WAS CONFUSING WHEN I READ THE QUESTION AND I DEBATED IN ANSWERING IT SHOULD HAVE BEEN THE WORD CORRECT.
YEAH, WHAT I WROTE IS OFFICER OBJECT AND OKAY.
I'D LIKE THANK YOU FOR THE THOROUGH PRESENTATION BECAUSE IT DOES ANSWER A LOT OF QUESTIONS.
UM, UM, WELL MY NAME IS CHERYL SPANGLER.
UM, I'M REQUESTING THE CORNER SIDE YARD SET BACK ALONG WARREN AVENUE TO BE REDUCED FROM 30 FEET TO 15 FEET.
THIS LOT WAS CREATED IN 1891 AND IS ONLY 50 FEET WIDE AS EVERY OTHER LOT ON, ON THE STREET IS ALSO 50 FEET WIDE BY 150 FEET DEEP.
UNDER TODAY'S REQUIREMENTS, THE 30 FOOT CORNER SETBACK ALONG WORN AVENUE COMBINED WITH THE 10 FOOT SETBACK ON THE OPPOSITE SIDE LEAVES ONLY APPROXIMATELY 10 FEET OF BUILDABLE WIDTH.
A HARDSHIP ISN'T BASED ON THE HOUSE I WOULD PREFER TO BUILD.
IT'S CREATED BY THE PHYSICAL DIMENSIONS AND CORNER CONFIGURATION OF THIS PARTICULAR HISTORICAL LOT.
AND WHAT I'M PROPOSING IS A VERY SMALL SINGLE FAMILY HOME APPROXIMATELY 24 FEET WIDE BY 36 FEET DEEP.
THE PROPERTY ALREADY ZONED R ONE.
I'M NOT ASKING FOR ANY KIND OF ADDITIONAL DENSITY OR DIFFERENT USE.
WE'RE ASKING FOR ENOUGH DIMENSIONAL RELIEF TO ALLOW THE RESIDENTIAL LOT TO REASONABLY BE USED FOR ONE SINGLE RESIDENCE.
I BROUGHT TWO RENDERINGS BECAUSE I THOUGHT IT MIGHT BE HELPFUL, UM, FOR THE BOARD TO SEE SOMETHING OTHER THAN NUMBERS.
ACTUALLY, I BROUGHT SOMETHING FOR EVERYONE AND A BIG, A LARGE ONE AS WELL.
THE FIRST VISUAL IS THE PROPOSED HOUSE AND DIMENSIONS ON THE ACTUAL LOT ITSELF AND THE DRIVEWAY WIDTH MEETING THE FRONT SET BACK, THE BACK SET BACK, THE LEFT SIDE TO THE HOUSE THAT EXISTS AND THEN LEAVING PLENTY OF SPACE FOR PEOPLE AND THEIR LINE OF SIGHT JUST TO GIVE YOU KIND OF A BIRD'S EYE VIEW.
UM, I THOUGHT THAT I NEEDED THAT MYSELF JUST TO KIND OF LOOK AT EVERYTHING.
ALSO WAS ALSO LOOKING AT THE UM, WHERE THE PAVEMENT WAS PLACED WHEN THEY DID THE PAVEMENT PLACING.
AND IS THAT RENDERING WITH THE NEW OR LIKE WITH IT AS IS OR IS IT WITH THE NEW PLANNED? UM, THIS JOHN WAS REFERENCING HIS PRESENTATION.
THIS IS, THIS IS AT THE CURB AND GUTTER WERE EXPANDED TO THE 36 FEET.
UM, SO WE'RE NOT PLANNING TO GO INTO PUSH OVER ALSO NOT ON THE CUSTOMER.
I ALSO HIT, UM, THE SECOND RENDERING.
THIS IS ACTUALLY THE FRONT RENDERING.
IF I WERE STANDING FROM GOOGLE MAP AT THE PROPERTY, LOOKING AT THE EXISTING HOUSE TO THE LEFT IN THE CORNER AND JUST KIND OF GIVING YOU AN IDEA OF IT ALSO KIND OF MEETS THE SMALL FOOTPRINT, FARMHOUSE STYLE.
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IT'S NOT WILD.ALTHOUGH THERE ARE NO REAL RESTRICTIONS TO, YOU KNOW, KIND OF THE PEOPLE AROUND.
IT'S PRETTY MUCH JUST, UM, THE TWO BEDROOM, TWO BATH, ABOUT 912 SQUARE FEET WITH A FRONT PORCH AND A BACK PORCH.
THAT'S WHERE MOST OF THE ROOM IS.
AND UH, I THINK IT
PLENTY OF ROOM TO THE RIGHT FOR PEOPLE DRIVING BY.
UM, YEAH, SO THIS WAS JUST TO SHOW THAT WE INTENTIONALLY SELECT A SMALL FOOTPRINT DESIGN SO THAT THE HOUSE IS APPROPRIATELY SCALED FOR THE NARROW LOT MAINTAINS MEANINGFUL SEPARATION FROM THE SURROUNDING PROPERTY AND WARREN AVENUE.
I ASKED THE BOARD TO APPROVE THE REQUEST FOR A 15 FOOT CORNER SIDE YARD SETBACK.
BUT I'M HAPPY TO ANSWER ANY QUESTIONS.
DOES ANY MEMBERS HAVE ANY ADDITIONAL QUESTIONS FOR STAFF? DOES ANY MEMBERS HAVE ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? NO.
I'LL OPEN THE FLOOR FOR PUBLIC COMMENT.
THERE'S NO ONE HERE FOR SPEAK, FOR PUBLIC COMMENT, SO, UM, I WILL CLOSE THE PUBLIC MEETING AND ENTERTAIN A MOTION SO WE CAN FURTHER DISCUSS THIS ITEM.
WE HAVE A MOTION OPTION ONE OR OPTION TWO.
CAN I MAKE A MOTION OR NO? CHAIR SPEEDING.
DID ONE OF YOU HAVE A MOTION? I OBJECT.
UM, I'M, UH, MOVED THAT THE REQUEST FOR THE VARIANCE FROM THE CO SIDE YARD SETBACK, UH, REQUIREMENTS IS OUTLINED.
APPLICATION NUMBER 2 6 0 0 4 5 6 FOR THE PROPERTY LOCATED AT THE INTERSECTION OF EAST 13TH STREET AND WARREN AVENUE BE APPROVED.
AS THE APPLICANT HAS SATISFIED THE CRITERIA FOR A VARIANCE UNDER TOWN CODE 1 7 5 DASH 1 3 9 B, FINDING A STRICT A APPLICATION OF THE ORDINANCE WOULD RESULT IN IN AN UNNECESSARY HARDSHIP.
ANY DISCUSSION? IT SOUNDS LIKE IT WAS VERY STRAIGHTFORWARD.
LIKE THE FIVE THINGS I WAS LIKE CHECK, CHECK, CHECK, CHECK.
SO I, THAT'S WHY I DIDN'T ASK ANY QUESTIONS.
IT SEEMS VERY STRAIGHTFORWARD TO ME.
SO I THINK, YEAH, I THINK THE REASONING FROM MY PERSPECTIVE AS FAR AS I KNOW, I HAVEN'T DONE THE DECISION LETTER YET, BUT I KNOW WE HAVE TO WRITE THAT DECISION LETTER.
IT'S JUST, I WOULD PUT LIKE, BECAUSE WE NEED THE REQUIREMENTS, YOU KNOW, WE CAN SAY THAT THE REQUIREMENTS AND LIST ALL OUTSIDE THE REQUIREMENTS THAT THEY, THAT THEY PROVED.
I OBVIOUSLY THE INCORRECT THREW ME FOR A SECOND, BUT ONCE SHE SAID THAT, THAT WAS JUST A CLERICAL ERROR, SO I WAS FINE WITH THAT.
AND IT SET BACK ANNOUNCE THAT, UM, THAT AT LEAST THE RENDERING IS SHOWING THAT IT SHOULDN'T BE NOT CAUSING SAFETY MASK HURTS OR ANYTHING LIKE THAT.
UM, SO, OH, STAFF PLEASE READ THE MOTION AGAIN.
I THINK I GOT EVERYTHING WRITTEN DOWN HERE.
THE MOTION ON THE FLOOR IS I MOVE THAT THE REQUEST FOR A VARIANCE FROM THE CORNER SIDE YARD SETBACK REQUIREMENTS OUTLINED AND APPLICATION 2 6 0 0 4 5 6 FOR THE PROPERTY LOCATED AT THE INTERSECTION OF EAST 13TH STREET AND WARREN AVENUE BE APPROVED.
AS THE APPLICANT HAS SATISFIED THE CRITERIA FOR A VARIANCE UNDER TOWN CODE 1 75, 1 39 B, FINDING THAT THE STRICT APPLICATION OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
MAY I HAVE A ROLL CALL? CHAIRMAN SMITH? YES.
WOULD SOMEONE LIKE TO MAKE A MOTION TO ADJOURN? MOTION PASSES.
WOULD SOMEONE LIKE TO MAKE A MOTION TO ADJOURN? MAKE A MOTION ADJOURN.
YOU GOING LIKE TO SECOND? I'LL SECOND ME.
YOU NEED ROLL CALL FOR THAT OR JUST MEETING? IT'S ADJOURNED.
YOU CAN DO AN AYE VOTE IF YOU'D LIKE.