THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, December 7, 1994 TAG: 9412070468
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 68 lines
About 150 North End residents are battling a longtime neighbor over a home he wants to build on a small lot on Crystal Lake. They're afraid the tall, narrow house will mar their neighborhood's character.
Henry C. Morgan Jr., a federal judge, is seeking permission to build a three-story house on a lot adjacent to his home at the end of 52nd Street. The house is taller and closer to the property line than allowed by city ordinances, so he will appear before the city's Board of Zoning Appeals today for a variance.
``He's just a private citizen trying to work out the problems his property has,'' said Morgan's attorney, R.J. Nutter.
But neighbors want Morgan to be forced to build his home within the city's zoning ordinances, without a variance. About 150 of them have signed petitions asking the board to deny Morgan's request.
``He wants to totally consume that lot,'' said Joan Wright, a nearby neighbor and one of the leaders of the opposition. ``We will lose the character of the neighborhood and it will block any view to the water.''
``All we want is for everybody to be treated equally. The same rules should apply to everyone.
``If zoning is going to waive conditions, they'll end up filling the North End with homes that should not be there.''
Morgan's 5,000-square-foot lot is bordered by the water on one side. It's also bordered by two streets, 52nd Street and the extension of Lakeside Avenue, which require greater house setbacks. The land is very low and requires filling.
Because of the lot's limitations, Nutter said his client has few options on how to fit a house on the parcel.
``Because of the topographic problems,'' he said, ``it forces the structure to be taller, and with the restrictions on the property with the Chesapeake Bay Preservation Act, it doesn't leave him much room.''
Morgan received a variance from the city's Chesapeake Bay Preservation Board in October to build his house 10 1/2 feet from the water's edge. City ordinance requires that anything built within 100 feet from a tributary of the Chesapeake Bay needs special permission, or a variance, from the board.
But Morgan's lot was created before the Chesapeake Bay Preservation Act and therefore the city cannot deem his property unbuildable. It's unlikely a similar lot could be created and built on today.
``Frankly, the board's hands were tied,'' said David M. Hummel, chairman of the Chesapeake Bay board. ``We cannot deny the man the right to build on his property. He is perfectly within his legal right.''
The neighbors, then a more loose collection of people concerned about water quality in Crystal Lake, opposed the request. They're more organized now and have hired an attorney to represent them before the Board of Zoning Appeals.
In addition to preserving the neighborhood character, some neighbors are concerned about how the home will impact an adjacent piece of city property, a street extension of Lakeside Avenue, that the neighborhood now uses to launch boats.
``People will be afraid to use the boat ramp because they'd be afraid of infringing on his private property,'' Wright said.
Nutter said Morgan has his current home up for sale and plans to move into this home when it's built.
``He wants to stay in the area, so he's just as concerned about property values as they are, he's just as concerned about water quality as they are,'' he said.
``And I don't think the house is out of character at all,'' Nutter added. ``I think it will be a beautiful addition to the neighborhood.'' by CNB