THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, December 8, 1994 TAG: 9412080507
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 63 lines
No one prevailed at the Board of Zoning Appeals meeting Wednesday when the board approved one of two variances for a waterfront home on 52nd Street that is opposed by North End residents.
The board, by a 4-1 vote, allowed Henry C. Morgan to build closer to his property line than the law permits but held him to the law's height requirement.
Without the height variance, Morgan, a federal judge, may be unable to build his Charleston-style, three-story home on Crystal Lake.
``We would like to have more,'' R.J. Nutter, Morgan's attorney, said following the hearing. ``We'll have to go back and check with the architect to see what's possible.''
Morgan's neighbors who opposed the request maintain that, even with the height restriction, the house is too large for the lot and therefore will destroy the character of their neighborhood.
Holding Morgan to the 35-foot height limit, the board let him build 11.5 feet deeper into his yard than zoning law permits.
About 150 neighbors signed a petition requesting that the board require Morgan to build within the city code, without any variances.
Bruce Bishop, who built his home last year next to Morgan's lot, said he had to scale his house plans back twice to meet the city zoning requirements. ``We insist Mr. Morgan build to the code,'' Bishop told the board. ``There is no reason he should be given exception to that.''
Edward T. Caton, an attorney who represented several neighbors, said Morgan's application was based on ``substantial personal convenience and monetary advantage.''
Morgan already lives in a waterfront home adjacent to the site where he wants to build. His current home is now for sale and he plans to build his retirement home next door.
In making a motion to deny the height variance, board member John Waller said, ``I can see why a lot of people get upset when that nice view of the water is obscured by a structure.''
The board approved the yard setback because the lot poses several limitations.
It is bordered on one side by Crystal Lake. Because it is on a tributary of the Chesapeake Bay, the Chesapeake Bay Preservation Board imposed a minimum setback on that side to protect water quality.
It is bordered on two other sides by city streets, one being a paper street extension of Lakeside Avenue. It's technically a corner lot, so the required setbacks are greater than on other lots.
But because one of those streets is actually an unimproved road extension, the board granted Morgan leeway on one of his setbacks. Instead of the required 20 feet, the board allowed Morgan to build 8.5 feet from the property line.
In his motion, Waller noted that many of the homes on the street had 8-foot setbacks on the side.
Neighbors said they will probably meet this weekend to consider whether they will appeal the board's decision to the Circuit Court. by CNB