THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, May 19, 1995 TAG: 9505190506
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 61 lines
A group of North End residents could not convince a Circuit Court judge Thursday that a neighbor should not be granted an exception to city zoning ordinances to build a big home on a small lot.
The court upheld the Board of Zoning Appeals decision to grant Henry C. Morgan, a federal judge, a variance that allows him to build a house closer to his property line than the law permits.
Judge William G. Plummer, a retired judge from Fairfax, heard the appeal after local judges excused themselves from the case because of their association with Morgan.
Plummer ruled that there isn't sufficient evidence to prove that the board was wrong in its decision to grant the variance on the 52nd Street waterfront property.
He noted that Morgan was not granted special privileges as the board has approved eight variances on 52nd Street since 1977. The neighbors, however, allege that only one was on the same block.
``The Board of Zoning Appeals has a history of granting setbacks and allowances for variances in this neighborhood,'' Plummer said.
But that's the problem, the neighbors complain.
``The Board of Zoning Appeals approves anything that's not opposed and most of the stuff that is opposed with few exceptions,'' Joseph W. Hood Jr., an attorney who represented 11 neighbors who appealed the board's decision, said after Thursday's hearing.
About 150 neighbors signed a petition opposing Morgan's proposal, asking that he live within the law without any variances. About 60 people appeared at the zoning board hearing in December. There were two letters of support.
``Why do they even bother to ask us if they just ignore us?'' said Bruce Bishop, one of the neighbors. ``It's humiliating that they find us irrelevant.''
Bishop, who built his home in 1993 next to Morgan's lot, said he had to scale his house plans back twice to meet the city zoning requirements.
Hood contended in court that Morgan's variance represents ``a special privilege and a convenience.''
But R.J. Nutter, Morgan's attorney, argued that unique circumstances surround this property. Although the lot visually fronts 52nd Street, the legal frontage is on a paper street, which in effect turns the house sideways and puts it on a corner. That creates a new set of setback requirements.
Whichever way the three-story, Charleston-style house sits, however, a variance would still be required.
Hood argued, however, that a house, albeit a much smaller house than the one proposed, could be built on the lot without any variances.
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.
Despite Thursday's ruling, the neighbors are not giving up. They will be back in court next month alleging that Morgan's new home will violate the original deed restrictions for the neighborhood.
The original deed stipulated one house per lot. Morgan subdivided his lot in 1988 in order to build a second house. That case is scheduled for June 5. by CNB