20200527-PLN-CUR-03-Melissa & Paul Venable · 2020-05-27 · Melissa & Paul Venable Agenda Item 3 Page 17 Upon receiving a recommendation from Planning Commission, this request will

Melissa & Paul Venable Agenda Item 3

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Applicant Melissa & Paul Venable, Kevin & Elizabeth Baum

Owner Melissa & Paul Venable, Kevin & Elizabeth Baum, and William Warnock Public Hearing May 27, 2020 City Council Election District Lynnhaven

Request Alteration to Existing Nonconformity Staff Recommendation Approval

Staff Planner Bill Landfair

Location 213 & 215A 69th Street

GPINs 24196448890213, 24196448890215

Site Size 0.20 acres or 8,700 square feet

AICUZ Less than 65 dB DNL

Watershed Atlantic Ocean

Existing Land Use and Zoning District Duplex & single‐family dwellings / R‐5R Residential (NE)

Surrounding Land Uses and Zoning Districts North Single‐family dwelling / R‐5R Residential (NE)

South 69th Street Single‐family dwelling / R‐5R Residential (NE)

East Single‐family dwelling / R‐5R Residential (NE)

West Single‐family dwelling / R‐5R Residential

Agenda Item

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This a request for an Alteration to the Existing Nonconformity to expand the second story of an existing duplex on a lot located in the North End that contains three dwelling units. As the site is zoned R‐5R (NE) Residential District, three dwelling units on one lot is not a permitted use within this zoning district.

The applicants own both units of the duplex which is the subject of this application. The unit within the detached structure on the rear of the property is under separate ownership.

The proposed changes to the duplex include a new roof and the addition of a roof dormer on the rear of the structure that will increase each unit by 439 square feet, for a total of 878 square feet. Other planned upgrades to the duplex that do not require City Council action include interior renovations, repointing of the exterior brick, and additional landscaping.

In 1997, documents were recorded in the City Clerk’s office creating a three‐unit residential condominium in two structures. The three units were identified as Unit 213 (the eastern unit in the duplex structure), Unit 215A (the western unit in the duplex), and Unit 215B (the single‐family unit located in the detached structure to the north of the duplex). According to City records, the duplex was built in 1960.

Unit 215B was also built in 1960 according to City records. It was built as a two‐story garage apartment, with the living area located over the garage, and has never been added on to or renovated according to the applicants. The current owner purchased the property in 2014. Based on the 1954 Zoning Ordinance for Princess Anne County, the applicable zone for the property at the time the buildings were constructed was R‐D2 which permitted duplexes and garage apartments on a single lot. As such, the property is considered legally nonconforming.

Zoning History # Request 1 SVR (Lot Width and Lot Area Reduction) Approved

05/13/1998

2 NON (Enlargement of Nonconforming Structure)Approved 12/8/2009

3 STV (Subdivision Variance) Approved 08/14/2012

4 CUP (Short Term Rental) Pending

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

LUP – Land Use Plan STR – Short Term Rental

Background & Summary of Proposal

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In Staff’s opinion, the proposed expansion of the second story living space with the addition of a dormer will not have a negative impact on surrounding properties. The resulting additional square footage will not increase the building footprint or height of the structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex residence and with other residential structures in the vicinity. Therefore, in Staff’s opinion, the expansion of the second floor by a total of 878 square feet is a reasonable request. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the conditions noted below.

1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, “213 & 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN”, dated 1/9/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.

2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the

submitted elevations entitled “VENABLE RESIDENCE ELEVATIONS”, dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.

3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit

entitled “VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN”, dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.

Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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.

This site is located in the Suburban Focus Area 7, North End, which is located on both sides of Atlantic Avenue from 42nd Street to 89th Street. This area is characterized by a compact arrangement of single‐family and duplex dwellings units with much of the land zoned Residential Resort District (R‐5R) and high impervious surface coverage and problematic topographic conditions, which create recurring stormwater drainage problems. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction

Evaluation & Recommendation

Recommended Conditions

Comprehensive Plan Recommendations


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of impervious coverage. Attractive and high‐quality materials capable of withstanding severe weather events should be used.

The site is located in the Atlantic Ocean watershed. There does not appear to be any significant natural or cultural features associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

69th Street No Data Available1 9,900 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 30 ADT Proposed Land Use 3 – 30 ADT

Atlantic Avenue 14,050 ADT (2018) 1 22,800 ADT1 (LOS 4 “D”)

1 Average Daily Trips 2 as defined by two duplexes

and a single‐family dwelling

3 as defined by two duplexes and a

single‐family dwellings

4 LOS = Level of Service

Access to the property is located on 69th Street. 69th Street is a two‐lane local street with an 80‐foot right‐of‐way width. Atlantic Avenue in the vicinity of this site is a four‐lane undivided minor urban arterial with a 120‐foot right‐of‐way width.

Water & Sewer This site is currently connected to both City water and sanitary sewer services.

Planning Commission

As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 27, 2020.

As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020 and May 17, 2020.

As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 11, 2020.

This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on May 21, 2020.

Natural & Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Public Outreach Information


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Ordinance

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Ordinance


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Conceptual Master Plan


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Dormer Addition Elevation


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Proposed Floor Plan


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Site Photos


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Disclosure Statement


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Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council

public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the

upcoming days.

Following City Council’s decision, the applicant will receive a decision letter from Staff.

Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division

of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning

Division at 757‐385‐8074.

If the request requires land disturbance and/or a subdivision of property, please contact the Development

Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757‐385‐4621 or the

Development Liaison Team at 757‐385‐8610.

Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.

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.

Next Steps

Documents

20200527-PLN-CUR-03-Melissa & Paul Venable · 2020-05-27 · Melissa & Paul Venable Agenda Item 3 Page 17 Upon receiving a recommendation from Planning Commission, this request will