1. daniel & amy miller

143 Pages·2012·6.66 MB·English

JANUARY, 2012
Virginia Beach, VA

CHESAPEAKE BAY PRESERVATION AREA BOARD
NOTICE OF PUBLIC HEARING

January 23, 2012

The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on
Monday, January 23, 2012 at 10:00 a.m. in the City Council Chambers, Virginia Beach
Municipal Center, Virginia Beach, Virginia.

An informal session is held at 9:00 a.m. in the City Council Chambers at which time staff
briefs the Board on agenda items. All interested persons are invited to attend. There is no
opportunity for citizenry to speak at the briefing session, however, the public is invited to
speak at the formal Public Hearing held at 10:00 a.m. in the City Council Chambers.

Those members of the public interested in attending the public hearing should be advised
that, for reasons the board deems appropriate, certain items on the agenda may be heard
out of order and that it should not be assumed that the order listed below will be exactly
followed during the public hearing.

Those members of the public interested in speaking in support or in opposition to an
agenda item shall be limited to 3 minutes in which to address the board. At the discretion
of the CBPA Board Chairman, this time may be increased to 5 minutes. Speakers will be
electronically timed.

The staff reviews of some or all of the items on this agenda and offer certain conditions for
consideration by the Chesapeake Bay Preservation Area Board, in the event they should
approve the application. However, it should not be assumed that those conditions
constitute all the conditions that will ultimately be attached to the project. Staff agencies
may impose further conditions and requirements during administration of applicable city
ordinances.

If you are physically disabled or visually impaired and need assistance at this meeting,
please call the Planning Department at 385-8598.

Richard Scarper – Planning Department
APPLICATIONS FOR
JANUARY, 2012

NEW BUSINESS
1. DANIEL & AMY
MILLER

1205 Kittiwake Ct.

GPIN 2418424925

LYNNHAVEN DISTRICT

2. NICK NESTER

1329 w. Little Neck Rd.
GPIN 1488370859

LYNNHAVEN DISTRICT
3. EMMY LOU SPRY

1608 Ferebee Dr.
GPIN 2409628700

LYNNHAVEN DISTRICT

4. GARY & SHIELA
MCKINNEY

732 Oriole Dr.
GPIN 2418616862

LYNNHAVEN DISTRICT

5. MARK & KERI
WHITFIELD

4404 Sheffield Dr.
GPIN 1477795703

BAYSIDE DISTRICT
6. OTTO AMICI, LLC

2105 W. Great Neck Rd.
GPIN 1499382174

LYNNHAVEN DISTRICT

7. BIJAN SHEKARRIZ

2916 Estates Dr.
GPIN 1499382174

LYNNHAVEN DISTRICT

SHOW CAUSE

8. GERALD HANKIN

412 Goodspeed Rd.

GPIN 2419604865

LYNNHAVEN DISTRICT
Revised Plans and any correspondence to be
distributed to Board members for items to be heard
at the Monday, February 27, 2012 Public Hearing
are due in the Planning Department, Room 115 by
5:00 p.m. Friday, January 27, 2012. 15 copies of
plans, 5 copies of the applications, 5 copies of the
WQIA’s and / or other correspondence for
distribution to Board members must be provided.

Revised Plans and any correspondence to be
distributed to Board members for items to be heard
at the Monday, March 26, 2012 Public Hearing are
due in the Planning Department, Room 115 by 5:00
p.m. Friday, March 2, 2011. 15 copies of plans, 5
copies of the applications, 5 copies of the WQIA’s
and / or other correspondence for distribution to
Board members must be provided.
Chesapeake Bay Preservation Area Board January 23, 2012
Daniel & Amy Miller

1. DANIEL & AMY MILLER
1205 Kittiwake Court

AGENT: Daniel & Amy Miller

Description: Daniel & Amy Miller – 1205 Kittiwake Ct. – GPIN 2418424925 -
Lynnhaven

Proposed Development:

Demolition of:
• Shed and concrete pad
• Wood deck
• Stoop and walkway on western side of residence
• Stairs and brick walkway on northern side of residence
• Concrete driveway

Construction of:
• Wood deck with under deck treatment
• 1st floor building addition over existing wood deck
• 1st floor addition along the eastern side of residence
• 1st floor addition along the western side of residence
• Relocation of HVAC units and generator
• Front porch
• Shell / gravel walkway along western side of building
• Garage addition
• Replacement and modification of steps and retaining wall along western
side of residence
• Stamped concrete driveway

(cid:190) Existing impervious cover of site – 5,730 sq. ft. or 17.7%
(cid:190) Post construction impervious cover of site – 5,630 sq. ft. or 17.4%
(cid:190) New impervious cover within the RPA – 646 sq. ft.
(cid:190) Redeveloped impervious cover within the RPA – 2,440 sq. ft.

History:

• Lot recorded – 9/23/26 M.B. 7, pg. 193

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Chesapeake Bay Preservation Area Board January 23, 2012
Daniel & Amy Miller

• Previous Board / Administrative Variances -
(cid:190) CBPA Board granted a variance September 27, 2010 for a driveway
replacement, replacement and modification of steps and retaining wall,
garage addition, front porch, addition along west side of residence,
basement entry relocation, concrete walkways, wood deck, rear porch,
1st and 2nd story addition over existing wood deck, 2nd story addition
over existing residence and relocation of HVAC units. The following
conditions were approved with this variance.

Standard conditions:
1. A pre-construction meeting shall be held with the CBPA Inspector prior to any
land disturbance, including demolition.

2. Wire re-enforced 36” erosion and sedimentation control measures (silt fences),
shall be installed along the seaward portion of the project prior to any land
disturbance and shall remain in place until such time as vegetative cover is
established. Said silt fence shall be installed 10 ft. from proposed improvements.
Best management practices for erosion and sediment control shall be employed
during restoration activities to protect adjacent wetlands and shorelines of water
bodies.

3. Prior to the issuance of any certificate of occupancy, or the final release of any
permit authorizing a land disturbing activity, all disturbed or denuded areas shall
be stabilized in accordance with the Virginia Erosion and Sediment Control Law
and Regulations by such methods as, but not limited to, temporary seeding,
permanent seeding, sodding or soil stabilization blankets and matting. The
Building Code Official may authorize a temporary certificate of occupancy without
the required soil stabilization if the failure to stabilize is due to circumstances
beyond the control of the permit holder.

4. Construction limits shall lie a maximum of 10' outboard of improvements.

5. The construction access way shall be noted on the site plan, as well as the
stockpile / staging area.

6. If and when the shoreline is hardened / rehardened, a rip-rap revetment shall
be constructed in lieu of a vertical retaining structure (vinyl, timber or steel
bulkhead). The toe of said revetment shall lie at or landward of mean high water
or tidal vegetated wetlands, unless the Wetlands Board determines that site
specific conditions warrant a more seaward alignment.

7. Under deck treatment of sand and gravel shall be installed.

8. Areas that are currently in a natural state, shall remain in a natural state to
include the forest floor (leaf litter) left intact.

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Chesapeake Bay Preservation Area Board January 23, 2012
Daniel & Amy Miller

9. Where mature trees exist adjacent to tidal waters, the select removal of
lower tree limbs shall be performed thereby permitting sunlight to interface with
tidal fringe marsh.

10. A separate landscape / buffer restoration plan shall be submitted concurrent
with the site plan detailing location, number, and species of vegetation to be
installed. The landscape plan shall clearly delineate existing naturalized (trees,
landscaping and mulched organic surfaces) areas, planting beds, and turf zones.

11. A revised site plan shall be submitted to the Department of Planning,
Development Services Center for review and approval prior to the issuance of a
building permit.

Site Specific Conditions:
12. The conditions and approval associated with this variance are based on the
site plan sealed September 3, 2020 by William R. Pritchard, prepared by WPL.

13. Stormwater runoff from proposed new impervious cover shall be conveyed to
stormwater management facilities. Stormwater facilities shall be installed prior to
the certificate of occupancy or release of the building permit.

14. All improvements shall be built into the slope with no perimeter fill authorized.

15. **As offered by the applicant, payment shall be made to the Lynnhaven
Oyster Heritage Program concurrent with site plan approval. Payment shall be in
the amount of $187.00 and is based on 25% of the proposed impervious cover
within the RPA, inclusive of the variable width portion of the buffer. Said payment
shall provide for the equivalent of an approximate 204 sq. ft., 12-inch deep oyster
shell plant within the Lynnhaven River Basin.

16. Buffer restoration shall be installed equal to 200% of the proposed new
impervious cover within the RPA (1,632 sq. ft.) and shall install the full
complement of vegetation consisting of canopy trees, understory trees, shrubs
and groundcovers consistent with the Riparian Buffers Modification & Mitigation
Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation,
Chesapeake Bay Local Assistance. The required restoration shall be located in
the Resource Protection Area, in areas currently devoted to turf or where
impervious cover is removed. The restoration shall be installed beginning in the
seaward portion of the buffer and progressing landward and shall have a mulch
layer of organic material 4” – 6” in depth. Said mulched restoration areas shall be
maintained and not removed or allowed to revert to turf in the future. The
required trees shall be comprised of 50% deciduous and 50% evergreen species
and shall be evenly distributed within the RPA buffer. Said restoration shall be
installed prior to the issuance of the certificate of occupancy or release of the
building permit.

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