Half foot keeps woman out of home

HAMPTON, Va. (WAVY) - Nine months after the November Nor'easter flooded Hampton Roads, a Hampton woman still hasn't moved back into her home.

The reason could be a questionable elevation survey at the time she bought the home.

Amie Kenyon got federal funding based on the promise she would raise her home a certain height from sea level. She came up six inches short, but a questionable elevation survey taken when she bought the home could be responsible.

"I have no place to live. No place to call my own," said Kenyon, who got $30,000 from FEMA's National Flood Insurance Program with the stipulation she raise her home at least 9 feet above sea level.

She hired Keith Whitaker to ratchet up the house.

"That's all FEMA was going to pay us for is to go to 9 foot," he said. That was easy, because the elevation certificate completed by G. Clifford Freeman on June 7, 2007, when Kenyon bought the home, claimed the elevation of the home was 8.3 feet above sea level.

Whitaker did the work, and just to be safe, raised the house far above 9 feet to 12 feet above sea level...or so he thought.

During the final inspection, the new elevation completed by T.J. Savage put the elevation at just 8.5 feet above sea level--a half foot below the 9-foot city code.

WAVY.com went to G. Clifford Freeman's office in Portsmouth which also appears to be his home. A woman who said she was an attorney called us from inside the home and said:

"I will not give you my name...I have reviewed this matter, and I have determined that the statute of limitations expired on this matter. This is now a legal matter and we will respond...after we have investigated the file, which is now three years old."

Kenyon said Whitaker has given her kind treatment during this personal disaster.

"He's been my shoulder to cry on," she said.

"I'm going to fix it, and get her moved back in no matter what it takes. It's the right thing to do," said Whitaker.

Kenyon can get a zoning variance from Hampton to avoid any further work, saving everyone thousands of dollars, but she must prove "exceptional hardship", which she can. She must prove the variance would not result in increased flood heights, and must prove the variance requested is the minimum necessary.

The work done is well above the 18-inch level of flooding. The chances of 48 inches of flooding, which would be necessary to enter the home at the new elevation, is extremely unlikely. The elevation should be 9 feet, but is only six inches shy.

WAVY.com contacted Kenyon's insurance company to confirm they could accept that if the Hampton Variance is granted. They agreed.