Service Request Summary Report Printed Date : Oct 22, :45:45 PM

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Service Request Summary Report

20-00180563

Printed Date : Oct 22, 2020 5:45:45 PM

Type: Working Without a Permit (Zoning Enforcement Shed,Fence)

SR #: 20-00180563

Area: Code Compliance Work Area - CD AREA #2 Priority: Standard

Group: Code Compliance Status: Open - In Court

Jurisdiction: Chesapeake Status Date: Oct 7, 2020 11:09:37 AM

Input By: User, Cwi Created

Date:

Aug 19, 2020 9:53:16 AM

Method Received:

Web Intake Overdue on: Nov 16, 2020 9:53:16

AM

Location: 1108 SANTEETLAH AVE, CHESAPEAKE, VA

Location Details:

SR Comments: **** no permit on file for attached carport- R8S does not meet 25 foot setback.

History

Created Date Type of

Data

Item User Name Type

Oct 14, 2020 3:25:10 PM Attachments Gen Blob Id Administrator,

Super

Update

Oct 14, 2020 3:25:10 PM Attachments Attachment Path Administrator,

Super

Update

Oct 14, 2020 3:21:23 PM Attachments Gen Blob Id Bair, Holly A. Insert

Oct 14, 2020 3:21:23 PM Attachments SR Instance Id Bair, Holly A. Insert

Oct 14, 2020 3:21:23 PM Attachments Id Bair, Holly A. Insert

Oct 14, 2020 3:21:23 PM Attachments Attachment Path Bair, Holly A. Insert Oct 14, 2020 3:21:23 PM Attachments Attachment Title Bair, Holly A. Insert

Oct 7, 2020 11:11:50 AM Attachments Attachment Path Administrator,

Super

Update

Oct 7, 2020 11:11:50 AM Attachments Gen Blob Id Administrator,

Super

Update Oct 7, 2020 11:09:37 AM Service

Requests

Working Without a Permit (Zoning Enforcement Shed,Fence)-Status Date Hackett, Michelle Update Oct 7, 2020 11:09:37 AM Service Requests

Open - In Court-Status Code Hackett,

Michelle

Update

Oct 7, 2020 11:09:16 AM Attachments Attachment Path Hackett,

Michelle

Insert

Oct 7, 2020 11:09:16 AM Attachments Attachment Title Hackett,

Michelle

Insert

Oct 7, 2020 11:09:16 AM Attachments Gen Blob Id Hackett,

Michelle

Insert

Oct 7, 2020 11:09:16 AM Attachments SR Instance Id Hackett,

Michelle

Insert

Report Date: Oct 22, 2020 5:45:45 PM Page: 1

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EMPORIA_CT SANTE_ETLAH AVE R-8S 4313 4311 1108 1106 4315 1112 1110 1113 1111 1109 1107

T282A

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CORNICK AVE COBB AVE TAMERAVE CARRINGT ON AVE NAUT ILUS A_VE NEPTUNE CT DAVIS AVE LUS K S T LUXORAVE TO W A N D A C T NEPTU NE A_VE EMPORI A AVE WEBER AVE TOW ANDA RD EM PO RIA CT MIN EOLA DR WO OD AV E S U N AVE ELM AV E LIN DE N A VE SHAWNEE RD LA UR EL AV E WIL LO W A VE SURF_AVE ONAWA LN QUE EN CIT YR D M A C D O N A LD R D FO N TA_N A A_V E JU S T IS S_T H_A R W A_Y A_V E INDIAN RIVER_RD S P_AR R O W R D S M ILIT AR Y H WY PROVIDENC E RD

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DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof,

as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

October 22, 2020

Parcel Number: 0203001002520

Property Address (Primary): 1108 SANTEETLAH AVE CHESAPEAKE , 23325

Parcel Class: 2010

Parcel Class Description: RESIDENTIAL - SINGLE FAMILY

Summary

Property Owner COLLETT DEBORAH GAIL

Owner Address Address

1108 SANTEETLAH AVE CHESAPEAKE , VA 23325-3121

Zoning R8S: Residential

Acreage 0.16

Legal Description 252 INDIAN RIVER ESTATES SEC 5

Site Information

Neighborhood Number WA031

Neighborhood Description INDIAN RIVER ESTATES

Borough: WASHINGTON

Building Name

Frontage Length 70

Other Dimensions X100.00X70.00X100.00

Land Use Participant No

Assessment Information

Date Fiscal Year Land Value Land Use Value Improvement Value Total Value

7/1/2020 2021 $75,000 $88,100 $163,100 7/1/2019 2020 $75,000 $84,200 $159,200 7/1/2018 2019 $70,000 $88,200 $158,200 7/1/2017 2018 $70,000 $84,000 $154,000 7/1/2016 2017 $70,000 $84,000 $154,000 7/1/2015 2016 $70,000 $81,600 $151,600 7/1/2014 2015 $70,000 $80,100 $150,100 7/1/2013 2014 $70,000 $78,000 $148,000 7/1/2012 2013 $70,000 $78,000 $148,000 7/1/2011 2012 $75,000 $78,000 $153,000 7/1/2010 2011 $75,000 $82,700 $157,700 7/1/2009 2010 $85,000 $80,800 $165,800 7/1/2008 2009 $85,000 $83,300 $168,300 7/1/2007 2008 $80,000 $82,500 $162,500 7/1/2006 2007 $60,000 $86,200 $146,200 7/1/2005 2006 $44,000 $60,500 $104,500 Ownership Information

Buyer Name Seller Name Sale Date Sale Amount Deed Book Deed Page Map Book/Page

COLLETT DEBORAH GAIL FRANKLIN FREDDIE GERALD JR &

COLLETT DEBORAH GAIL

4/22/2019 $50,000 10004 1282 41/52

FRANKLIN FREDDIE GERALD JR & COLLETT DEBORAH GAIL

FRANKLIN FREDDIE GERALD & NAOMA J

3/7/2019 $ W203 1 41/52

FRANKLIN FREDDIE GERALD & NAOMA J

FRANKLIN FREDDIE GERALD 3/23/1960 $ 1307 190 00410052

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as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party. Residential Improvement

Year Built : 1959

Foundation : Concrete Slab

Square Feet : 1248

Exterior Wall : Vinyl

Exterior Wall 2 : Face Brick

Roof Type : Hip

Roof Cover : Asphalt

Air Conditioned : Full

Air Conditioned 2 : Air Conditioned 3 :

Central Heating: Forced Hot Air

Central Heating 2: Central Heating 3 :

Number oF Stories: 1.00

Number of Rooms: 7

Number of Bedrooms: 3

Number of Full Bathrooms: 1

Number of Half Bathrooms: Fire Place:

Attic Stairs: None

Segments Information Building # 1

Segment Code Segment Description Square Feet

CPF CARPORT FLAT ROOF 200

FFL FINISHED FIRST FLOOR 1,248

OPP OPEN PORCH 100

STP STOOP 24

Outbuilding Information

Building Description Year Built Square Feet

STORAGE SHED (RES) 1970 240

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as City of Chesapeake expressly disclaims any liability for loss or damage arising from the use of said information by anythird party.

Current Year Bill Number Year Installment Date Due Tax Billed Tax Paid Balance Due

2020 14903 2020 INSTALLMENT #1 9/30/2019 $417.90 -$125.37 $1,546.23 2020 14903 2020 INSTALLMENT #1 9/30/2019 $417.90 -$292.53 $1,253.70 2020 14903 2020 INSTALLMENT #2 12/31/2019 $417.90 -$125.37 $1,128.33 2020 14903 2020 INSTALLMENT #2 12/31/2019 $417.90 -$292.53 $835.80 2020 14903 2020 INSTALLMENT #3 3/31/2020 $417.90 -$125.37 $710.43 2020 14903 2020 INSTALLMENT #3 3/31/2020 $417.90 -$292.53 $417.90 2020 14903 2020 INSTALLMENT #4 6/30/2020 $417.90 -$125.37 $292.53 2020 14903 2020 INSTALLMENT #4 6/30/2020 $417.90 -$292.53 $0.00

Please contact the Treasurer’s Office at (757) 382-6281 if you have questions regarding Tax Paid or Balance Due. Storm Water Fees and prior balances do not show on this tab.

Real Estate Notes

Note

1-FENCE ADDED TAX YEAR 98-99/BDA

2-ADDED DATE & PREVIOUS OWNER 10/1/10.DAJ

3-REMOVED FROM ELDERLY TAX RELIEF RETR PER EMAIL COR. CF

4-EXONERATION & SUPPLEMENTAL; 2018-2019 (ELDERLY TAX RELIEF) NO LONGER ELIGIBLE FOR RETR PER EMAIL COR DATED 11/28/2018. EFFECTIVE 11/15/2018. CF

5-WB203 PG1 WILL & DEATH CERTIFICATE FOR FREDDIE GERALD FRANKLIN SR AKA FREDDIE GERALD FRANKLIN DOD 11/15/18. IF NAOMA J FRANKLIN PREDECEASED FREDDIE NEED HER DEATH CERT TO PROCESS WILL; JW

6-DB10004 PG1282 DEED STATES NAOMA J FRANKLIN DOD 6/29/99, RECEIVED PROOF OF DEATH, SHE PREDECEASED FREDDIE GERALD FRANKLIN WHO PASSED 11/15/18, PROCESSED HIS WILL. DB10004 PG1282 FREDDIE GERALD FRANKLIN JR IS CONVEYING HIS 1/2 INT TO DEBORAH GAIL COLLETT, SHE NOW OWNS PROPERTY SOLELY WITH 100% INT; JW

7- IN WILL BOOK 203 AT PAGE 7 - PROPERTY IS BEING SPECIFICALLY DEVISED TO "DEBORAH GAIL COLLETT AND FREDDIE GERALD FRANKLIN JR" IN EQUAL SHARES. (NOTE: SPELLING OF "COLLETT" IS CORRECT, HOWEVER WILL ALSO HAS SPELLING AS "COLLETTE". USED THE SPELLING "COLLETT" PURSUANT TO PAGE 7 OF WILL.; SFA

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City of Chesapeake,

Virginia

Legend

Parcels City Boundary

Parcel Number: 0203001002520

Date: 10/22/2020

DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and City of Chesapeake is not responsible for its accuracy or how current it may be.

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C~l'lPake

City of Chesapeake - - IVIR'GINIA _ __ __ __ _ __ _ _ Deborah G. Collett 1108 Santeetlah Avenue Chesapeake VA 23325 October 2, 2020

Department of Development and Permits

Zoning Administration

306 Cedar Road P.O. Box 15225

Chesapeake, Virginia 23328 Tel. (757) 382-8454

Re: 1108 Santeetlah Avenue, Tax map Parcel# 0203001002520

Dear Ms. Collette,

You have asked if the carport located in the front yard of the referenced property can be lawfully kept in its current location. The property is zoned R-8s, single family district. The Chesapeake Zoning Ordinance (CZO), section 6-1900.B indicates that property zoned R-8s shall meet the requirements of the R-8 development criteria. The CZO, section 6-1402 contains the development criteria for the R-8 district and

indicates that the front yard setback is required to be a minimum of 25 feet. The carport structure encroaches into the required setback and would, therefore, be nonconforming with the CZO requirements.

You have provided two affidavits and a letter that indicate that that the carport may have been constructed 20 years, 30 years, or even 40 years ago. Even assuming the carport was constructed 40 years ago, the Chesapeake Zoning Ordinance at the time indicated that the front yard setback was 25 feet. The original CZO adopted on May 27, 1969, section 5-2.A, indicates that the front yard setback was 25 feet. This

dimensional requirement has not changed from that time.

In order for the carport to be determined to be lawfully nonconforming, it would have had to be constructed lawfully, at a time when it was lawful to construct a structure this close to the street. The documents that have been submitted for consideration do not provide an indication that the carport on the referenced property was constructed lawfully. Based on this information, it has been determined that the carport is

nonconforming and constitutes a violation of the Chesapeake Zoning Ordinance. As such, the carport must be removed or otherwise configured to meet the required setbacks on the property. A building permit will be required for any contemplated changes to, or relocation of, the carport.

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Deborah G. Collett

October 2, 2020

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This determination is valid as of October 2, 2020 and is subject to change. Any

subsequent information received that would contradict these findings can be

considered. If you need additional information, please do not hesitate to contact me at

382-6466.

~ohn T. King Ill

Zoning Administrator

Cc: Michelle Hackett, Code Compliance Inspector

Pam Witham, Code Compliance Inspector Ill

This letter is issued under the authority of Sections 3-201 and 20-101 of the Chesapeake Zoning

Ordinance (CZO). It only addresses matters related to the CZO and does not indicate compliance with any private deed restriction or any other city, state or federal law or regulation. In accordance with Section 15.2-2311 of the Code of Virginia, anyone aggrieved by this decision has thirty (30) days from the date of this letter to appeal the above decision to the Chesapeake Board of Zoning Appeals (BZA) or this decision shall be final and unappealable. The cost for filing an appeal to the BZA includes a $100 administration fee plus the cost of required advertising. Additional information can be obtained from the Department of Development and Permits, 306 Cedar Road, Chesapeake Virginia, 23328.

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1 Staff Report

TO: Chesapeake Board of Zoning Appeals

FROM: Dale Ware, AICP, CZA

RE: Application # ZON-BZA-2020-00033

1108 Santeetlah Avenue

Hearing Date: December 10, 2020

___________________________________________________________________________ Application # ZON-BZA-2020-00033

Deborah G Collett, property owner, 1108 Santeetlah Avenue, pursuant to Section 20-500 of the Chesapeake Zoning Ordinance, appealing the Zoning Administrator’s determination dated October 2, 2020 denying a request for a lawful non-conforming carport located in a required front yard setback. The property is further identified as 252

INDIAN RIVER ESTATES SEC 5; Real Estate Parcel No. 0203001002520 – Zoning: R-8S,

residential.

___________________________________________________________________________ Background Information:

The applicant received a notice of violation dated August 19, 2020 on August 21, 2020 for a carport being in violation of the required 25-foot front yard setback and requested a determination from the zoning administrator that the carport was grandfathered. A determination was rendered in a letter dated October 2, 2020 denying the request and the applicant is appealing that determination dated October 2, 2020

Section 20-503 of the Zoning Ordinance requires that the decision of the Board be supported by findings of fact and a conclusion that the decision of the Zoning Administrator to deny the request is, (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. In exercising this authority the Board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from.

The applicant was advised of financial responsibility for advertising costs. This appeal was advertised in the Clipper of the Virginian Pilot Newspaper and adjacent property owners were mailed notice of this request in accordance with Section 15.2-2204 of the Code of Virginia. Staff Analysis and Recommendation:

The BZA is authorized under Section 15.2-2309 of the Code of Virginia and Section 20-500 et seq. of the Chesapeake Zoning Ordinance to hear appeals from any order, requirement, decision

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or determination made by the zoning administrator in the interpretation, administration or enforcement of the Zoning Ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the Zoning Administrator was correct in the interpretation and application of the Zoning Ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event, shall the BZA substitute its judgment for that of the City Council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the Zoning Administrator is presumed to be correct, with the burden being upon the applicant to demonstrate the error.

The Zoning Administrator’s determination was based upon the information provided by the applicant and prior zoning ordinances. The Zoning Administrator requests that the BZA find and conclude that based upon the facts and evidence presented:

1. The Zoning Administrator correctly interpreted and administered the Zoning Ordinance in

making the October 2, 2020 determination.

2. The Zoning Administrator’s October 2, 2020 determination letter is correct.

3. The Zoning Administrator’s October 2, 2020 determination letter should be upheld and

affirmed in full.

EXCERPTS FROM CHESAPEAKE ZONING ORDINANCE

§ 15-108. - Requirement of lawful nonconformity; requirements of proof.

A. Provisions do not apply to uses, buildings and lots established in violation of law. The provisions of this chapter shall not apply to any use established or to any building or structure erected or lot created in violation of law, regardless of how long such use, building or structure has been in existence. In accordance with the requirements of section 15.2-2307 of the Code of Virginia, 1950, as amended, a building or structure shall not be considered an unlawful nonconformity if a building permit has been issued for the building or structure, thereafter constructed in accordance with the building permit, and upon completion of the construction, a certificate of occupancy or use permit has been issued, or the owner of the building or structure has paid real estate taxes for the building or structure for a period of more than the previous fifteen (15) years. In addition, if a building or structure does not require a building permit, and the zoning administrator determines that the structure will comply with this ordinance and relays said finding to the property owner, and the improvement was thereafter constructed, then the structure shall be nonconforming but it shall not be subject to removal solely due to such nonconformity.

B. Proof of legal nonconformity. The burden shall be upon the person claiming a lawful nonconformity to prove that the nonconforming use, building, structure or lot was established in compliance with the law. The zoning administrator may require, among other things, the following forms of evidence:

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1. An affidavit from the owner of the property involved, setting out when the use, building or structure was first established and describing the nature and dimensions of the use, building or structure at the time that such became nonconforming.

2. A copy of a building permit, license or other similar document establishing that the use, building or structure was commenced lawfully.

3. Corroboration from third parties.

4. A physical survey indicating the former building size and location on the site.

C. Determinations by zoning administrator. The zoning administrator shall make a written determination on all applications for decision on the status of an existing use, building, structure or lot as lawfully nonconforming. All nonconforming uses, buildings, structures and lots for which a written determination of lawful nonconformity has not been given by the zoning administrator shall be presumed to be illegal. (Ord. No. 09-O-007, 1-27-09; Ord. No. 14-O-122, 9-23-14; Ord. No. 17-O-076, 10-17-17)

§ 6-1400. - R-8 residential district.

§ 6-1402. - Development standards.

A. General site standards for single-family detached units. (The Chesapeake health

department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1. Minimum lot size, 8,000 square feet.

2. Minimum lot width, 75 feet. For lots used exclusively for storm water management, open

space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 60 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3. Principal building setback (required yards).

a. From streets, 25 feet. (Setback from streets shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setbacks shall be measured as provided for in section 19-202.)

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i. Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall be not be less than 6 feet in width.

ii. Rear yard, 25 feet.

4. Maximum lot coverage of all buildings and roofed structures, 35 percent.

5. Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

§ 6-1900. - Development of properties located in the R-15 and R-8S residential zoning district classifications under previous zoning ordinance standards.

A. Those properties in the city currently zoned as being R-15 residential district shall be developed in accordance with the standards applicable to property located in the R-15s or R-15(a) s zoning district classification under this zoning ordinance, unless those properties are located in a planned unit development (PUD), or a special overlay district, which provides alternative development standards.

B. Those properties in the city currently zoned as being R-8s residential district shall be developed in the R-8 zoning district classification under this zoning ordinance, unless those properties are located in a planned unit development (PUD), or a special overlay district, which provides alternative development standards.

STANDARDS FOR APPEALS

§ 20-501. In general; the Board of zoning appeals (BZA) is authorized to hear appeals from any order, requirement, decision or determination made by the zoning administrator in the interpretation, administration or enforcement of this ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event however, shall the BZA substitute its judgment for that of the city council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. (Ord. No. 00-O-116, 10-17-00)

§ 20-503. Extent of board's appeal powers; findings required.

Action by BZA; in exercising the authority herein granted the BZA may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from.

Required findings and conclusions; any decision of the BZA shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was: (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of

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the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented.

§ 20-701. Who may file.

Appeals from decisions of zoning administrator; any person aggrieved or any officer, department, board or agency of the city affected by a decision of the zoning administrator may, within the required timeframe, appeal that decision to the BZA through application filed with the zoning administrator.