BH INVESTORS, INC. Agenda Item 10 Page 1

10January 14, 2015 Public Hearing

APPLICANT:

BH INVESTORS, INC.

PROPERTY OWNER:

ROBERT S. LINDSLEY, JR., EX.

OF THE ESTATE OF EDWIN B.

LINDSLEY, JR.STAFF PLANNER: Stephen J. White

REQUEST: Variance to Section 4.4(b) of the Subdivision Regulations, which requires that lots created by subdivision meet all applicable requirements of the Zoning Ordinance ADDRESS / DESCRIPTION: Parcel at 936 Lindsley Drive with frontage on Covey Street between 937 and 945 Covey Street GPIN: 24087185990000

ELECTION DISTRICT: LYNNHAVEN

SITE SIZE: 71,276 square feet (1.64 acres)

AICUZ: Less than 65 dB DNL

Existing Lot: The applicant is requesting a variance to Section 4.4(b) of the Subdivision Regulations for the purpose of subdividing a 1.64-acre parcel into three lots. The existing parcel was created by subdivision, recorded in 1963 at Map Book 59, Page 9. The existing lot has 169.10 feet of frontage on Lindsley Drive and 46.58 feet of frontage on Covey Street. There is a single-family dwelling, built in 1923, located on the portion of the parcel closest to Lindsley Drive. There are also two cemetery memorial markers located on the parcel; however, the applicant has submitted documentation explaining the reason for the markers. There are no actual graves on the property.

BACKGROUND / DETAILS OF PROPOSAL

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Proposed Lots: The submitted subdivision plat shows the existing parcel divided into three lots, designated as B-1, B-2, and B-3. Proposed Lot B-1 has frontage on Covey Street. Proposed Lots B-2 and B-3 have frontage on Lindsley Drive. The site is zoned R-20 Residential, which requires a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. Proposed Lot B-1 has a lot area of 25,962 square feet and a lot width of 116.71 feet. Thus, Proposed Lot B-1 on Covey Street does not require a variance, as it meets the requirements for a lot located in a R-20 zoning district. Proposed Lots B-2 and B-3 exceed the minimum required lot area; however, the lots are deficient with regard to the minimum required lot width. The table below compares the relevant dimensional requirements of the R-20 Residential District with those proposed for Proposed Lots B-2 and B-3. If a lot does not meet a requirement, it is highlighted with the color blue in the table. Approval and recordation of the proposed subdivision is dependent on the granting of a variance to the requirement that is not met.

Required Lot B-2 Lot B-3 Lot Width in feet 1

100 89.11 90.16 Lot Area in square feet 20,000 23,677 21,637

1 Lot width is measured at the rear of the required front yard, not at the right-of-way. PROPOSED SUBDIVISION

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EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING:

North: Single-family homes / R-20 Residential District

South: Single-family homes / R-20 Residential District

East: Single-family homes / R-20 Residential District

West: Lindsley Drive Single-family homes / R-15 Residential District

NATURAL RESOURCE AND CULTURAL FEATURES:

The site consists of a variety of grasses, shrubs, and trees typically associated with the yard area of a single-family house. The rear of the site adjacent to Covey Street is more densely vegetated than the rest of the site. The southeastern corner of the site is located within the Chesapeake Bay Preservation Area.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses, (pp. 3-1 to 3-3).

TRAFFIC ENGINEERING:

The existing single-dwelling has a trip generation rate of 10 ADT 1. The additional single-family dwelling that would be possible with approval of the requested variance could generate an additional 10 ADT, resulting in a total of 20 ADT generated by two single-family dwellings. A single-family dwelling constructed on the Covey Street lot would generate 10 ADT as well; however, that lot can be created by-right and is not part of the variance request.

WATER: The site is currently connected to the City water system. There are existing 5/8-inch meters on the site that can be used or upgraded to accommodate the proposed development.

SEWER: This site is currently connected to the City sanitary sewer system. Analysis of Pump Station 261 and the sewer collection system is required to ensure future flows can be accommodated.

LAND USE AND COMPREHENSIVE PLAN

IMPACT ON CITY SERVICES

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Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that:

A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,

and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably

practicable the formulation of general regulations to be adopted as an amendment to the ordinance.

D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance.

E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance.

The subject site is zoned R-20 Residential, which has a minimum lot area requirement of 20,000 square feet and a minimum lot width requirement of 100 feet. The applicant proposes to subdivide an existing 1.64-acre parcel into three lots for the purpose of constructing a single-family dwelling on each. One of the lots fronts on the cul-de-sac bulb of Covey Street, and meets the minimum lot dimensional requirements for a single-family lot in the R-20 Residential District. The creation of that lot, therefore, requires no variances. Two of the lots front on Lindsley Drive, and while the lots meet the minimum lot area requirement, each is deficient with regard to the minimum required lot width. Creation of these lots, therefore, cannot be accomplished without a variance to Section 4.4(b) of the Subdivision Regulations, which requires new lots to meet the requirements of the Zoning Ordinance. The widths of the proposed lots are 90.16 feet (Lot B-2) and 89.11 feet (Lot B-3); therefore, the lots are deficient by 11 feet and 10 feet (rounding each number down), respectively. The widths of the lots in the immediately surrounding area (see map on page 8) range from 130 feet to 47 feet, with three lots on Covey Street, platted in 1964, being the narrowest (47, 62, and 67 feet). The lots located on Lindsley Drive are zoned R-15 and have 110-foot lot widths. The exception is the two lots directly north of the subject site, which are zoned R-20 and have widths of 120 and 150 feet. In sum, the surrounding area has a variety of lot widths, and the widths of the proposed lots are consistent with that variation. An additional factor to be considered in the evaluation of the variance request is the record of the past divisions of the subject site from the time when it was a larger parcel and the existing dwelling was built in 1923 until the present. One of those divisions is significant in this case, being a 1989 acquisition by the City of Virginia Beach of 1.5 acres to the south of the subject site for drainage purposes. Due to that acquisition, the width of the existing lot was reduced to 179.27 feet. Based on the above, as well as a finding that the proposed widths of the lots are consistent the with the surrounding area, Staff finds that the 90 and 89 feet of lot width proposed for Lots B-2 and B-3 will not result in a substantial detriment to the adjacent properties, will not adversely affect the character of the surrounding neighborhood, and is consistent with the Comprehensive Plan’s land use policies for the Suburban Area with regard to compatibility with the surrounding area. Accordingly, Staff recommends approval of the request subject to the condition below.

EVALUATION AND RECOMMENDATION

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The existing parcel, identified as ‘Part of B’ on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled “A Preliminary Subdivision of a Portion of Parcel ‘B’, as Shown on the Division of Property of Edwin B. Lindlsey, Jr., MB 59, P. 9,” dated 19 September, 2014, and prepared by WPL. Said subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

CONDITION

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AERIAL OF SITE LOCATION

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PROPOSED SITE PLAN

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LOT WIDTHS OF PROPOSED SUBDIVISION AND SURROUNDING AREA

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ZONING HISTORY

# DATE REQUEST ACTION 1 02/07/1983 Change of Zoning (R-4 Residential to A-1 Apartment) Approved 2 02/07/1983 Change of Zoning (R-4 Residential to O-1 Office) Approved 3 07/12/1977 Subdivision Variance Approved

2

1

3

BH INVESTORS, INC. Agenda Item 10 Page 10

DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT