Zoning Appeals Board Meets Again Today on
Mason Avenue Redevelopment Plan

By DORIE SOUTHERN
Cape Charles Wave

April 14, 2014

Developer Patrick Hand hopes to replace the old Be-Lo grocery store on Mason Avenue with a mixed-use building with commercial storefronts at ground level and condos upstairs. Last Monday (April 7) he asked the Board of Zoning Appeals to allow reduced setbacks, fewer parking spaces, and reduced green space for his project. But the Board wanted more information, and is meeting again today (April 14) at 4 p.m. at Town Hall.

The Board asked Hand to give them options for how his requested parking variance could be addressed. Hand had suggested placing stipulations on use of the property such as allowing no restaurants, which require more parking.

The setback variance and green space requirements were less of a problem for the Board. But to receive a variance, Hand must demonstrate “undue hardship not shared generally by other [similar] properties.”

Town Council candidate Deborah Bender spoke at the meeting, noting that a zoning matter should not be taken up before the Harbor District Review Board considered Hand’s proposals. Bender pointed out that the town had spent thousands of dollars and many hours to create the Harbor Area Conceptual Master Plan and Design Guidelines, but that they are being ignored. Bender quoted the Cape Charles zoning ordinance: “Harbor Development Certificate required. No zoning clearance shall be issued for location, construction, or enlargement of any building or structure within the Harbor District until a Harbor Development Certificate has been issued. Submission of a Harbor Development Certificate Application and approval by the Town Council shall be required to obtain a Harbor Development Certificate.”

Receiving a development certificate is a lengthy procedure that consists of a “General Application” and a “Detailed Application,” and requires approval of Town Council after it has been approved by the Harbor District Review Board. Bender said that the developer was putting the cart before the horse by asking for a variance before receiving approval by the Harbor District Review Board.

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Town Planner Robert Testerman told the Wave after the meeting that a variance had to be issued before a zoning clearance could be approved. Hand said that he wanted to obtain a variance before he pays an architect to draw plans.

Town Council Member Frank Wendell also addressed the Board, noting that Council had not been successful in negotiations with Hand over purchasing a portion of the property for public parking. He questioned the wisdom of approving Hand’s requests without the Town having negotiated to purchase some of the property for parking.

Hand told Wendell that he had been talking to the mayor and three members of Council for six or seven months about his project. He would not identify which three Council members had been privy to his plans.