Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, January 5, 2021 Pursuant to City of Williamsburg Ordinance #20-02, due to the COVID-19 Pandemic emergency, the Williamsburg Board of Zoning Appeals’ meeting will be held electronically on Tuesday, January 5, 2021, at 4:00 p.m. Page CALL TO ORDER ROLL CALL ELECTION OF OFFICERS OPEN FORUM PUBLIC HEARINGS BZA#21-001: Beth A. Kafrissen, Special Exception Request Short 3 - 17 Term Rental – 3 Forest Hill Drive Request of Beth A. Kafrissen for a special exception pursuant to Section 21-605.2 of the Zoning Ordinance to approve the short-term rental of one room to transient visitors in a single-family detached dwelling. The property is located at 3 Forest Hill Drive, Williamsburg Tax Map Number 408-04-00-003, and is zoned, Single-Family Dwelling District RS-2. UNFINISHED BUSINESS None NEW BUSINESS A. Minutes: Regular Meeting - October 6, 2020 18 - 20 B. Bylaw Review 21 - 26 C. 2020 Annual Report 27 - 29 D. 2021 BZA Schedule 30 ADJOURNMENT The Board will view the sites individually before the January 5th meeting. Written comments will be accepted by the BZA by sending an email to virtualBZA@williamsburgva.gov by 1:00 p.m. January 5, 2021. Members of the public may participate in the meeting electronically. Please check the City’s website at www.williamsburgva.gov for more information before the meeting date. Page 2 of 30 BZA#21-001: Kafrissen December 30, 2020 Page 1 TO: Board of Zoning Appeals DATE: December 30, 2020 SUBJECT: BZA#21-001: Beth A. Kafrissen Special Exception Request – 3 Forest Hill Drive Beth A. Kafrissen has requested a special exception pursuant to Section 21-605.2 of the Zoning Ordinance to approve the short-term rental of one room to transient visitors in a single-family detached dwelling. The property is located at 3 Forest Hill Drive, Williamsburg Tax Map Number 408-04-00-003, and is zoned, Single-Family Dwelling District RS-2. City Council in February of 2019 amended the Zoning Ordinance to establish regulations to allow the rental of one room to transient visitors in single-family detached dwellings throughout residential districts as a business accessory use, with a special exception but is limited to owner-occupied single-family detached dwellings. MAJOR QUESTIONS BEFORE THE BOARD Section 21-97(f)2 states that a special exception shall not be approved by the Board of Zoning Appeals unless it is found that: 1. It is designated, constructed, and operated to adequately safeguard the health, safety, and welfare of the occupants of the adjoining and surrounding property; 2. It does not unreasonably impair an adequate supply of light and air to adjacent property; 3. It does not increase public danger from fire or otherwise unreasonably restrict public safety; 4. It does not impair the established property values in surrounding areas. The Board of Zoning Appeals shall determine if the property at issue meets the occupancy requirement, provides an adequate plan for managing the property, and shall determine if the property may be operated as a short-term rental consistent with the provisions of Subsection 21-97(f) and conditions contained herein. Section 21-605.2 of the Zoning Ordinance allows the rental of one room to transient visitor’s contingent upon approval of a special exception for such use by the Board of Zoning Appeals, subject to the following conditions: 1. Rentals are limited to owner-occupied single-family detached dwellings, and the owner must be physically present at the property during any rental period. The applicant has produced a title certificate and has stated that the property is her primary residence, and she will be on-site during rentals. Page 3 of 30 BZA#21-001: Kafrissen December 30, 2020 Page 2 2. No more than one room in the principal dwelling may be rented to transient visitors, as defined in Subsection 21-605.2(b). The applicant has acknowledged this requirement. 3. The furnishing of meals is not permitted. The applicant has acknowledged this requirement. 4. No more than two transient visitors shall occupy a room at the same time, excluding minor children of the transient occupants, unless otherwise reduced by the requirements of the Uniform Statewide Building Code and all other applicable laws and regulations. The applicant has acknowledged this requirement. 5. The following parking requirements shall apply: a. One off-street parking space shall be provided (as required by Article V, Parking) and shall be reserved for use by the occupants of the rental room. b. The Board of Zoning Appeals, when ruling on the special exception, shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, the Board may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots. c. Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick, or paving stones. d. Parking spaces and driveways (inclusive of spaces for the single-family detached dwelling and the proposed room rental) shall not occupy more than 30 percent of a front or rear yard area and shall not occupy more than 15 percent of the total lot area for lots having a lot area of 20,000 square feet or less, nor more than ten percent of the total lot area for lots having a lot area of more than 20,000 square feet. When applying for a special exception, existing parking spaces and driveways that are constructed of gravel, compacted stone, concrete, asphalt, brick, or paving stones may be used to provide the required parking, even if they are not in compliance with these standards. All new parking spaces and driveways shall comply with these standards. e. Parking shall be allowed only in driveways or parking spaces meeting these requirements and shall be prohibited elsewhere on the lot. The applicants maintain a driveway accessed from Forest Hill Drive. 6. Applicable provisions of the Uniform Statewide Building Code, and all other applicable laws and regulations, shall be met. The applicant has acknowledged this requirement. 7. No property being used as a residential rental property may also be used as a short- term rental. Only the property owner and his or her family, as defined in Section 21-2, may reside at the dwelling along with transient visitors. The applicant has acknowledged this requirement. 8. Property owners utilizing their properties as a short-term rental must keep a register of short-term rentals of the property. Said register shall be subject to inspection upon request of the zoning administrator, and application for a permit to engage in short-term rentals shall contain a written consent for such inspection. The name and addresses of all transient visitors occupying the short-term rental and the dates rented must be maintained in the register, whether or not that person is the person who paid the cost of the short-term rental or not. Said information must be maintained in said register for a period of two years. The applicant has stated that she will manage the records. Page 4 of 30 BZA#21-001: Kafrissen December 30, 2020 Page 3 9. Short-term rentals may not be occupied by the same transient visitors for a period of more than 30 days during any calendar year. The applicant has acknowledged this requirement. 10.There shall be no visible evidence of the conduct of such short-term rentals on the outside appearance of the property. The applicant has acknowledged this requirement. 11. Event rentals are not permitted. The applicant has acknowledged this requirement. 12. A fully functional smoke detector and carbon monoxide detector must be installed on each floor of the dwelling. The applicant has acknowledged this requirement. 13.The owner of a dwelling used for short-term rentals shall give the City written consent to inspect such dwelling upon a 24-hour notice to ascertain compliance with all the above performance standards. The applicant has acknowledged this requirement. 14. All outdoor burning shall be in compliance with Chapter 5 of the Williamsburg City Code. The applicant has acknowledged this requirement. 15. Owners of the short-term rental shall ensure that transient visitors comply with City ordinances, including but not limited to the City noise and nuisance ordinance. A copy of Chapter 12 of the City Code relative to noise must be provided at the short-term rental dwelling. The applicant has acknowledged this requirement. The ordinance specifies that should ownership, control or occupancy of a dwelling for which a special exception has been issued at any time fail to meet the requirements of subsection 21-605.2(d), and if compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special exception shall become null and void. In addition to the above, the Zoning Ordinance states: In reaching a decision, the Board should consider the following: a. Stated intent of the zoning district in which the property is located; This property is located in the R-2 Single-Family Dwelling District, and Section 21- 161 Statement of Intent states: This district is established as a single-family residential area with low population density. The regulations for this district are designed to stabilize and protect the essential characteristics of the land and to promote and encourage a suitable environment for family life. To these ends, development is limited to a relatively low density, and permitted uses are limited basically to providing homes for the residents. Certain additional uses that may be compatible with single-family neighborhoods, such as churches, schools, and daycare centers, may be allowed with the issuance of special permits. b. Uses in the area immediately surrounding the property in question; RS-2 Single-Family District properties are located to the north, south and west of the property. B-4 Culinary Arts and Hospitality District is located to the west. c. Amount of traffic to be generated; d. Number of people to be employed; e. Hardship that would result from the denial of the special exception; and f. Such other criteria as may be prescribed for a particular special exception under other sections of this chapter. Page 5 of 30 BZA#21-001: Kafrissen December 30, 2020 Page 4 ANALYSIS The applicant has lived in the dwelling as the primary residence since purchasing the property. The applicant has made improvements to the dwelling to enclose a breezeway to make the former detached garage space contiguous to the main home for the primary purpose of attaining conformity for short term rental. STAFF RECOMMENDATION Staff recommends approval of special exception request BZA#21-001 based on the criteria contained in Section 21-605.2 of the Zoning Ordinance and the above analysis contingent upon the following: 1. The special exception is not transferable. It shall become null and void should ownership, control, or occupancy of a dwelling for which a special exception has been issued at any time fail to meet the requirements of subsection 21-605.2(d). If compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special exception shall become null and void. 2. Rental of a room to transient visitors shall be permitted for not more than 104 nights per calendar year. 3. On the first business day of each January, the ownership and occupancy of the dwelling and lot, if unchanged, shall be established by affidavit of the owner originally identified in the attorney's title certification furnished in connection with the permit application. Heather I. Markle Zoning Administrator Page 6 of 30  . $0? LIA’I’/5&0 \*IJlL_ ,o ,“Eu o _ , BOARD OF ZONING APPEALs BZA# Z/IO D l ' DATE IZli?jlaw --» S S, L»; WILLIAMSBURGPLANNING DEPARTMENT vg, x II: S 401 LAFAYETTESTREET 7%I7// lg‘7 \ [Q01, “”4,3, wot‘ WILLIAMSBURG, VIRGINIA23185-3617 C0L0>“* N (757) 220-6130 FAX (757) 220-6130 OWNER(S): 485777K4F/2 /SSE./L1 ADDREss:_5 /52) /7233 ‘£4Z57/(95 /T//LL A6PJ”’€.'I£1_///J17‘?/"’~I43(/64, 7 7253 “0920/ 757-654“3/460/75 PHONE/FAX NUMBER/E-MAIL: r,9_Y5c‘/7@/2c <"6‘ « APPLICANT/REPRESENTATIVE: UECJLZ ;/rrm’/- /5?)/FES7‘ AoDREss:3 I4//LA/%’?//I5’;/7665 ///LL D/E/0/1:: /é3J" 75’7»'é5-94 PHONE/FAX NUMBERS/E-MAIL: 5/_¢OC7/75’7Q53 [I LOCATION OF THE REQUEST: % ~97‘(€5~'$Ir \\ Y>TI\I”C» ATTACH PLAT OR DETAILEDDRAWING OF PROPERTY SHOWING EXISTING STRUCTURES, PROPOSED STRUCTURES, SET BACK LINES AND ENCROACHMENTS. THE FOLLOWING REQUEST IS MADE TO THE BOARD OF ZONING APPEALS FOR: [ ] AN APPEAL TO AN INTERPRETATION OF THE ZONING ORDINANCE, ZONING MAP, OR AN APPEAL OF AN ADMINISTRATIVEDECISION. Provide narrative statements describing the nature and purpose of the appeal and specifying the action requested of the Board of Zoning Appeals. [ ] A VARIANCE RELATING TO Provide narrative statements demonstrating that the requested variance meets each of the following tests: 1. The property was acquired in good faith. 2. Narrowness, shallowness, topographic conditions, size of the property or shape of the property at the time of the effective date of the Zoning Ordinance or use/development of the property immediately adjacent creates a hardship. 3. The strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the use of the property. 4. The above described hardship does not result from the actions of the owner(s). 5. The degree of variance requested is the minimum needed to remove the hardship. If not, why is more needed? 6. Granting the variance would not adversely impact adjacent properties. I)(] A sPEcIAL EXCEPTION FOR \(LLvU17\»I o\[‘v—I;c’~/\r\/\ Provide narrative statements demonstrating that the requested special exception meets each of the following requirements: 1. It is designed, constructed and operated to adequately safeguard the health, safety and welfare of the occupants of the adjoining and surrounding property. , 2. It does not unreasonably impair an adequate supply of light and air to adjacent property. 3. It does not increase public danger from fire or otherwise unreasonably restrict public safety. 4. It does not impair the established property values in surrounding areas. Initials : Page 7 of 30 I/We, respectfully request that a determination be made by the Board of Zoning Appeals for the above-noted request which is true to the best of my/our knowledge and belief. ‘Ai?a Signature of ;:,j/~.Z22r»~/ ner(s) /1 J44 Date ,5‘30A 0 Sworn before me this day of , 417040 . ‘.-‘'\Q\I:j..-§;-{I! _: Q‘,-6-\P~"‘ -. ’°o6$.,_ _:°o‘(:''._ ( Mag’ 6/3”‘; ._40 rs9327a :3.-_~ Notary My Commission Expires l"’%E"n....o°'?Q\ ‘.5 FOR OFFICE USE ONLY "'-..,’2f.T.I,‘,E >..~-“' TAX MAP NUMBER: Ix/m’QO".79 ZONING: LI0°5"DLI’ '99 ‘Z DATE OF PUBLIC HEARING: ?lmA34% (SEE ATTACHED SHEET FOR PERSONS NOTIFIE NOTICES MAILED: DECISION: DAYS THE DECISION OF THE BOARD OF ZONINGAPPEALS MAY BE APPEALED TO THE CIRCUIT COURT WITHIN 30 AFTER THE FINAL DECISION OF THE BOARD. ZONING ADMINISTRATOR DATE March, 2007 [FORMS\BZA APPLICATION FORM] Page 8 of 30  wyZo_m9§ Im>n On 12/11/2020, I received the final inspection from Lauri Springsteen that my bathroom, converted breezeway and electrical work are now in compliance for 3 Forest Hill Drive, Single Family Dwelling District RS-2, Williamsburg Tax Map Number 408-O4-O0-003. The new space is completely enclosed and is now being used by us as a breakfast nook/sunroom. I am enclosing an outline of the newly renovated interior floor area. I am also attaching the location of both the smoke detector and carbon monoxide sensor as well as proof of 500k in liability insurance. There is also a survey plat and Evidence of Ownership researched and signed by William F. Miller, Esq. I feel that I have brought my property into compliance as requested by the Zoning Board. I have also paid in full all occupancy taxes owed to the City for tax years 2019-2020 as well as new licenses per the City's recommendations. The City has also been to inspect my property for assessment and occupancy purposes. I am appealing to the Zoning Board to please consider my converted space suitable for short term rental usage with the understanding that full compliance with any requirements will remain my first priority. I acknowledge all regulations on the Short-Term Rental Checklist as provided by the city. With all sincerity, Beth Kafrissen Page 9 of 30  SHORT TERM RENTAL TITLE CERTIFICATE For: CITY OF VVILLIAMSBURG Re: RECORD OWNERSHIPFOR RENTAL OF ONE BEDROOM AS REQUIRED BY CITY CODE SECTION21-605.2(d)(2). Froperty Address: 3 Forest Hill Drive, Williamsburg, VA 23185 Parcel .262 ac. 926: I have examinedtheland records ma‘nta' ned in the Clerk‘sofficefor the CircuitCourtof the City of Vwlliansburg and County of Jane: City. lnsofa as the records of the Clerk's Office are properly kept md indexed, the fee simple owners of the above captioned property a'e as fol Iows: NameofOv\mers: Beth A- Kefrieeen £ mix x xm?mmm x By [jg dam May 25, 2006 from Dunwood Holdings, LLC of record at Deed Book page as Instrument 062080 SUBJECT TO THE Ll ENS, ENCUMBRANCESAND OTHER OBJECTIONSTO TITLE OF RECORD OR ASMAY BE DISCLOSED BYA CURRENT AND ACCURATE SURVEY OF THE PREMISES. CERTIFIED DOWN TO: Deeember 15» 2020AT 3=00 A.M./PDMX Date Time Attorney Signaure William F. Miller 14022 Attorney Va St. Ber # 210 Parkway Drive Address Williamsburg , VA 23185 75 7 22 - Ph0ne [forms\short term rental title certificate] Page 10 of 30 L2/14/2020 07:45 T-08:00 TO: +l7572530920 FROM: 5094570051 ErieSecure Home insurance _- ERIE INSURANCECOMPANY ' °'® PO Box 1699 Erie.PA 16530 r-——-~—-—~—--——— —— .. _j_....._.—_._. _ _.-._.. _A_q_§n_t'§§ame and Number Policy Period Policy*__Numbe_r TNE &Al3SOClATES From: 09/30/2020 To: 09/30/2021 Q57-:3001460 DD16213 Pnli<:yPericdbegins and ends at 12:01 AMstandard time at the location of the insured property. Until terrninated, this poiicy will continue in force for successive policy periods by payment of the required premium. ,..__._.,...._..__..,...... ...._..._ Address _l*3l_zg_r_t5i__rg__lri_':=,trL¢a_rl_arid First Mortgagee Loan l;l_t_r_rgi_ggr BETH KAFRISSEN JPMORGAN CHASE BANK NA 1i562$li30(J 3 FOREST HlLLDR lSAOA Vt/lLLl/\l\ll:3BLlRG VA PO BOX47020 23185 A4330— ATLANTAGA 30382 0020 ~ + Location of dwelling -- ~ ———-——— —- - "-- if other than stated above or if speci?c designation is needed Location: 3 FOREST HILLDR WlLLlAMSBURGVA 23185 * The amoun: of insurance applying to the dwelling is the replacement cost at the time of the loss, subject to policy conditions.and requirements. The estimated replacement cost of the dwelling is $272,000 _Section I Property Protection Other Personal Loss Of Coverage: Dwelling Structures Progegy y_s_e; ::n::::: as:f : : $272,000 ‘With Guaranteed Replacement Cost $54=400 3204000 see P°"Cy _ [Eleductiblethat applies to Section l: $t0OO it Home And Family Liability _S__e_5;tion Personal Liabilit_y_ Medical Pa ments To Others $500,000 $1,000 Each Occurrence Each Person Primary Dwlg Premium: $657.00 Total Annual Premium I Balance Authorized Agent: (Not. valid unless signed by an authorized $657.00 agent WE of the ERlE.) $0.00 Page 11 of 30 _'iII1lII,1l|T!,II»ILl1i[1TJ2lalmlIlI|Jit|_tIIlI[L|Ijmitl|i||[1la| IlILl:]'IlJIIJIIIIIIIIIilllimlIIzlilmlllllulmlzlITIIHIIIIIIIIIHEW ’ h tame ---9, LI ‘ " zijoqfoig T M V :91I2c[ VT I;:|I|I[I{I}:1Hr‘|T|[111;I|'I?]VI1g|I|I]'I1I|r|IyI[£l:1I[I;Iy11I|I|L||l!§|II[|!|l||g||l|I||![ll|[||g[IlW||]'l|||ll0 [|II||fl|}|I||||| 3"!dl9H g)l1°M P°°M WWW MM WLEOIAGVS3|'lddnS0 S'|OOJ. 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HAYNES Q, o0, Q: Q’ ‘<3 /9‘ 0 P|N(F) LOT 2 IIIIIII I 77" V7 'r 2/2': To sn°4e'4o"w PARKWAYDRIVE FOREST HILL DRIVE VARIABLEWIDTHR/W SURVEY FOUNDATlo(EN PLAT OF THE PROPERTY OF JAY COLLEY LOT 3 I I I///s/waP£/almp/>£Ms 7'01/E/I/Z0/It /15‘56.41(0 FROMFEMAF1.000 MA/’ I. /.5‘ T/-//5 F S*:l!J‘|R-GLv|EG?l‘l5 RWEHEJM K t kc. 0MI’uW/71’PA!/[L .5/0294 I 000515‘. C‘ M CDPI/f)’ /7/4/'7///SPMII/Fifi/?Sm 7//[ FOR - Emuesns-sunvzvouzs-Pumaas REGENT ENTERPRISES 32:! VOLVO PARKWAY mrrzorns - .S‘[TFOA’7/fB}’/’£.47?.4I'[D 23320 I/-/Ecm?/r‘: CHESAPEAKE.VIRGINIA 4-/5-054/40RE'C0f?0£0//|/ wo# 45230 PHONE: (757) 547-933! OFF/CEor 7/45c//ecu/7 [I01/R7 or SCALE: l"= 25' FAX: (757) 547-943: _ I ARK_.?sPD I VA.IN RE. /0 P6. 4a 5’/LL/AMSBUIRG, I , 4 mm Page 14 of 30  CITY OF WILLIAMSBURG INSPECTIONRESULTS Q *NOTICEOF VIOLATION (include referenced code section below) PROJECTTYPE: R BUILDINGADDITION — DESCRIPTIONOF WORK: ENCLOSEEXISTINGBREEZEWAYBETWEENHOUSE & BEDROOM SUITE CONTRACTORNAME: KAFRISSEN,BETHA CONTRACTORPHONE: OWNER: KAFRISSEN,BETHA ADDRESS: 3 FORESTHILLDRIVE INSP CODE/SEQ: E999/46368 APPLICATIONREF: 1873 INSPECTIONTYPE: ELECTRICAL INSPECTIONDESCRIPTION: ELECFINAL INSPECTIONCOMMENTS: INSPECTEDBY: LAURISPRINGSTEEN DATEINSPECTED: 12/02/2020 RESULT: INSPECTIONS APPROVED RESULTNOTES: FINALAPPROVED ELECTRICAL 1mm 3 Inspector * You have the right to appeal this decision of the building official (if Notice of Violation is checked above) concerning the application of the USBC to the (Pan I of the USBC 2003 Edition) by above mentionedbuilding or structure in accordance with USBC section 1 195 of the Virginia Construction Code — of the appeal will be submitting a written request for appeal to the LBBCA within 90 calendar days of the receipt of the decision being appealed. A hearing by this section shall scheduled within 30 days of receipt of the application. Failure to submit an application for appeal within the time limit established constitute acceptance of the building officials decision. There will be an administrative fee charged for each appeal. Please contact our office within of any noted violations. days to schedule a re—inspcction Page 15 of 30  CITY OF WILLIAMSBURG INSPECTIONRESULTS D *NOTlCEor VIOLATION (include referenced code section below) PROJECTTYPE: R BUILDINGADDITION - DESCRIPTIONOF WORK: BETWEENHOUSE & BEDROOM SUITE ENCLOSEEXISTINGBREEZEWAY NAME: CONTRACTOR KAFRISSEN,BETHA PHONE: CONTRACTOR OWNER: KAFRISSEN,BETHA ADDRESS: 3 FORESTHILLDRIVE INSP CODE/SEQ: B999/43581 APPLICATIONREF: 1873 INSPECTIONTYPE: BUILDING INSPECTIONDESCRIPTION: BLDGFINAL INSPECTIONCOMMENTS: FINAL AFTERELECTRICAL INSPECTEDBY: LAURISPRINGSTEEN DATEINSPECTED: 12/O2/2020 RESULT: INSPECTIONS APPROVED RESULTNOTES: BUILDINGFINALAPPROVED Iawzé $ Inspector * You have the right to appeal this decision of the building official (if Notice of Violation is checked above) concerning the application of the USBC to the (Part I of the USBC 2003 Edition) by above mentioned building or structure in accordance with USBC section 119.5 of the Virginia Construction Code A A hearing of the appeal will be submitting a written request for appeal to the LBBCA within 90 calendar days of the receipt of the decision being appealed. time limit establishedby this section shall scheduled within 30 days of receipt of the application. Failure to submit an application for appeal within the constitute acceptance of the building 0f?cial‘s decision. There will be an administrative fee charged for each appeal. Please Contact our office within days to schedule a re—inspcctionof any noted violations. Page 16 of 30  CITY OF WILLIAMSBURG INSPECTION RESULTS D *NOT|CE or VIOLATION (include referenced code section below) PROJECTTYPE: R—PLUMBINGPROJECT DESCRIPTIONOF WORK: TOILETTO BE MOVED 5 INCHESTO THE RIGHT CONTRACTORNAME: KAFRISSEN,BETHA CONTRACTORPHONE: OWNER: KAFRISSEN,BETHA ADDRESS: 3 FOREST HILLDRIVE INSP CODE/SEQ: P999/50431 APPLICATIONREF: 2293 INSPECTIONTYPE: PLUMBING INSPECTIONDESCRIPTION: PLUMBINGFINAL INSPECTIONCOMMENTS: INSPECTEDBY: LAURISPRINGSTEEN DATEINSPECTED: 12/11/2020 INSPECTIONSRESULT: APPROVED RESULTNOTES: RELOCATIONOF TOILET PLUMBING FINALAPPROVED — 1mm‘5 Inspector the * You have the right to appeal this decision of the building official (if Notice of Violation is checked above) concerning the application of the USBC to above mentioned building or structure in accordance with USBC section 1 19.5 of the Virginia Construction Code (Part I of the USBC — 2003 Edition) by be submitting a written request for appeal to the LBBCA within 90 calendar days of the receipt of the decision being appealed. A hearing of the appeal will scheduled within 30 days of receipt of the application. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the building of?ciaI's decision. There will be an administrative fee charged for each appeal. Please contact our office within days to schedule a re»inspcction of any noted violations. Page 17 of 30  MINUTES City of Williamsburg Board of Zoning Appeals October 6, 2020 A meeting of the Board of Zoning Appeals was held on October 6, 2020, at 4:00 p.m. in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER ROLL CALL The following members were present: Michael Jallo, Robert Lane, Ernest (Ray) Warner, Jr., and Melinda Morgan The following member was absent: John Alewynse Staff Attending: Zoning Administrator Heather Markle and Planning Clerk Heather Moore Chair Jallo noted that all members present visited the site at approximately 3:30 p.m. OPEN FORUM Chair Jallo opened the floor to anyone who would like to speak on any matter not on the agenda; seeing no one the Open Forum was closed. PUBLIC HEARINGS BZA#20-009: Request of the Cynthia Baker Revocable Living Trust for a special exception from Section 21-607(e) of the Zoning Ordinance to enclose an existing unenclosed porch that encroaches in a required rear setback. The applicant proposes to enclose the existing porch that encroaches 9.1 feet into the rear yard setback resulting in a rear yard setback of 15.9 feet instead of 25 feet. The property is located at 89 Governor Berkeley Road, Williamsburg Tax Map Number 342-07-00-022, and is zoned, Planned Unit Development - Longhill Woods. Zoning Administrator Markle presented the special exception request. She stated that the special yard regulations, Sec. 21-607 of the Zoning Ordinance, regarding unenclosed porches and balconies shall not project into any required yard areas but does provide some relief to existing buildings by including a special exception for their enclosure if the Board of Zoning Appeals grants approval. Zoning Administrator Markle noted that the Longhill Woods neighborhood requires a 25-foot rear yard, and when the home and screen Page 18 of 30 porch were constructed, unenclosed porches were permitted to encroach 12 feet into the required rear yard setback. She informed the Board that the current unclosed porch encroaches 9.1 feet into the required rear yard setback. It is constructed on a permanent foundation with a continuous roofline from the main dwelling. Zoning Administrator Markle stated that replacing the screens with windows on the porch will not alter the home's footprint, and it will not negatively impair the safety, light & air supply, or property values of adjacent properties. Staff recommends the special exception request’s approval based on the criteria contained in Section 21-97(f) of the Zoning Ordinance and the presented analysis conditioned upon the footprint of the existing screen porch not encroaching any closer to the rear property line than 15.9 feet. The Board did not have any further questions for Ms. Markle. Chair Jallo opened the floor for the applicant and any public comments. Cynthia Baker, 89 Governor Berkeley Road, stated she was the applicant and had no further comment but is available for any questions. The Board had no questions for the applicant. Francesca Pinizzotto, 203 Lewis Robert Lane, stated that she is the closest neighbor and most impacted by the proposed change and supports the request. Katie Jarnagin, 87 Governor Berkeley Road, can see the applicants' backyard from her home. She supports the applicant’s request, especially since there is an existing foundation to match the home. George Barnett, 197 Lewis Robert Lane, was the neighborhood’s acting Architectural Review Board chairman when the application was presented to the association and stated the group supports the application. Karen Corl, 80 Governor Berkeley Road, stated her support for the applicant, noting that she believes the home will be more beautiful with the enclosed porch. James Miller, 82 Carlton Court, stated he supports the request. Seeing no one else, the Public Forum was closed. The Board had no questions or comments. Board of Zoning Appeals October 6, 2020 Page 2 of 3 Page 19 of 30  Moved by Morgan, seconded by Lane, to approve the special exception request, BZA#20-009, based on the criteria contained in Section 21-97(f) of the Zoning Ordinance and the staff analysis conditioned upon the footprint of the existing screen porch not encroaching any closer to the rear property line than 15.9 feet. The motion carried by a roll call vote of 4-0-1. Ayes: Jallo, Lane, Warner, Jr., and Morgan Nays: None Absent: Alewynse UNFINISHED BUSINESS None NEW BUSINESS Meeting Minutes from May 5, 2020 Moved by Jallo, seconded by Morgan, to approve the minutes from May 5, 2020, as presented. The motion carried by a roll call vote of 3-0-1-1. Ayes: Jallo, Lane, and Morgan Nays: None Abstain: Warner, Jr. Absent: Alewynse ADJOURNMENT There being no additional business before the Board, the meeting of October 6, 2020, was adjourned at 4:13 p.m. Moved by Jallo, seconded by Warner the motion carried by a roll call vote of 3-0-1. Ayes: Jallo, Lane, Warner, Jr., and Morgan Nays: None Absent: Alewynse Michael Jallo, Chair -- Board of Zoning Appeals Board of Zoning Appeals October 6, 2020 Page 3 of 3 Page 20 of 30  RULES AND PROCEDURES BOARD OF ZONING APPEALS WILLIAMSBURG, VIRGINIA ARTICLE I. MEMBERSHIP The Board shall consist of five (5) members appointed by the City Council in accordance with Section 21-96 of the Zoning Ordinance. A member whose term expires shall continue to serve until a successor is appointed and qualifies. In the discretion of City Council members may be reappointed to succeed themselves. Members of the Board shall hold no other public office in the City except that one may be a member of Planning Commission. It is the current practice of the City Council not to reappoint any persons who have served more than two successive (five-year) full terms. Board members are encouraged to become certified within eighteen (18) months of appointment in the Virginia Certified Board of Zoning Appeals Program. The costs associated with such certification shall be borne by the City. ARTICLE II. OFFICERS 1. The Board shall elect a Chairman, and one Vice-Chairman annually at its first regular meeting following January 1 of each calendar year. If such regular meeting is cancelled or a quorum is lacking, the election shall be held at the next regular meeting. 2. The Chairman shall preside at all meetings and hearings of the Board at which the Chairman is present. The Chairman shall decide all points of order or procedure and shall appoint any committees that may be found necessary. 3. The Vice-Chairman shall assume the duties of the Chairman in his or her absence. 4. If the Chairman and Vice Chairman are both absent and unable to preside, the members shall appoint a temporary Chairman to preside. 5. The Secretary shall have the duties customary to such office including the keeping of the minutes. The Board may elect as its Secretary either one of its Page 21 of 30 Rules and Procedures Board of Zoning Appeals Page 2 members or a qualified individual who is not a member of the Board. The Secretary shall not have a vote by virtue of such position. 6. The Board may, with the concurrence of the Zoning Administrator, designate an employee of the City Planning Department to act as the Board’s Recording Secretary to prepare an initial draft of the minutes of any meeting for review and approval by the Secretary prior to submission to the Board for final approval. ARTICLE III. MEETINGS 1. A regular meeting of the Board of Zoning Appeals shall be held on the first Tuesday of each month at 4:00 P.M. However, no meeting shall be scheduled if there are no applications pending or if there is no other business before the Board. All regular meetings shall be open to the public. 2. The Chairman may call special meetings provided at least five (5) days notice of such hearing is given each member in writing. 3. A quorum shall consist of three (3) members or a simple majority of the Board. The concurring vote of three (3) members (a majority of the membership) shall be required to grant variances, special exceptions, to reverse decisions or determinations of the Zoning Administrator, to interpret the official zoning map where there is any uncertainty as to the location of a district boundary and to amend these Rules of Procedure. The concurring vote of a majority of all members present and voting or such other greater number as may be required by state law shall be required to effect all other actions of the Board. If the majority of the Board fails to attend within half hour of 4:00 P.M., the Secretary shall enter the names of the members present and the adjournment for want of a quorum. 4. An agenda for each regularly scheduled meeting of the Board shall be prepared by the Zoning Administrator and delivered to each member of the Board no later than four (4) business days prior to the meeting. Included with the agenda shall be any materials submitted by any applicant or appellant or by any interested person. The Zoning Administrator shall briefly summarize the facts and provisions of the Zoning Ordinance applicable to each case. The order of business at all regular meetings of the Board shall be as follows:  Call to order.  The hearing of applications deferred from a previous meeting.  The hearing of applications not previously presented to the Board.  Zoning Administrator report, if any.  Unscheduled items: Old Business, New Business.  Reading and approval of minutes of previous meetings.  Adjournment. 5. The Board may adjourn a regular meeting if all applications or appeals cannot be disposed of in the day set. Such adjournment shall be mandatory five (5) hours after the start of a meeting. Page 22 of 30 Rules and Procedures Board of Zoning Appeals Page 3 6. Any member of the Board shall be disqualified to act upon a matter before the Board with respect to any agenda item in which the member has a disqualifying interest under the provisions of the Comprehensive Conflict of Interest Act (Title 2.1, Chapter 40, Code of Virginia, 1950). ARTICLE IV. POWERS AND DUTIES The Board of Zoning Appeals shall have the powers and duties specified in Section 21- 97 of the Zoning Ordinance or as may be otherwise specified by applicable law or ordinance. ARTICLE V. APPLICATIONS OR APPEALS TO THE BOARD 1. All application or appeals to the Board shall be made on forms supplied by the Planning Department. The application or appeal shall include: a. Seven (7) copies of a plat of the affected parcel when a plat is required to be provided. b. The property owner shall sign the application or appeal. c. Payment of all applicable fees, which shall be paid before the application or appeal shall be deemed filed. 2. All applications or appeals shall be accompanied by all of the information enumerated in the Zoning Ordinance for such applications or appeals before being scheduled for a public hearing. The Zoning Administrator may refuse to schedule a matter for Board determination unless he or she is satisfied that all pertinent information has been provided. ARTICLE VI. PROCESSING OF APPLICATIONS 1. All applications will be received by the Zoning Administrator and shall be set for public hearing in the order in which they are received. 2. The Zoning Administrator shall notify the applicants in writing of the date, time and place of the scheduled public hearing. 3. The Zoning Administrator, in accordance with the provisions of the Code of Virginia, shall cause to be advertised in the Virginia Gazette or other newspaper (published not less than twice before the meeting) of general circulation within the City of Williamsburg, the required legal published notice of the public hearing for any application. Notice shall also be given of the time and place of any site visit by the Board in connection with any public hearing. 4. The Zoning Administrator shall compile all pertinent information and supply same with his or her comments through a staff report to the Board at the scheduled time and place of its public hearing. Page 23 of 30 Rules and Procedures Board of Zoning Appeals Page 4 ARTICLE VII. SITE VISITS AND HEARINGS 1. Interested members of the public may be present at any site visit to inspect the premises in question. Any discussion among Board members at any site visit, which relate to the subject matter of the visit, shall be made in such manner as to permit interested parties to hear the discussion. Applicants or appellants by virtue of having filed an application or appeal shall be deemed to have given permission for Board members and interested members of the public to come on to any premises, which are the subject of the application or appeal. 2. At the time of the public hearing, the Zoning Administrator will present its Report, which shall identify the property, briefly describe the application and provide the Board with any recommendation it may have or any other recommendation made by any other agency, board or department of the City. A copy of the Report shall be made available in the hearing room for examination by members of the public attending the meeting. The Board may ask questions of staff concerning the Report and the application. 3. The public hearing shall then be opened. 4. The applicant or his or her authorized agent shall be present and shall be allowed adequate time to present the background and justification for the application and to answer questions from members. Members of the public shall have no right to pose questions to applicants. 5. Persons in support of or in opposition to the application may present their position. Any such person shall identify themselves at or before the commencement of the meeting by name and address prior to the hearing as wishing to speak and shall be heard in order of such identification. Such presentation shall be subject to the following time limitations:  Five (5) minutes – individuals  Fifteen (15) minutes – representative of an organization or group The Board, in its discretion by majority vote of members present, may allow additional time for an individual or group representative to make a presentation. 6. The applicant shall be permitted an adequate time for rebuttal. 7. It shall be the responsibility of the Chairman to determine the adequacy of time within which an applicant may present or defend his or her position and to enforce the specific time limitations set forth in this Article so that the hearing is held in a prompt, fair and judicious manner. 8. Close public hearing. 9. The Board at this time may discuss the application and either approve, deny or continue to the next regular meeting. The motion to approve, deny or continue the application shall include a clear and concise statement of the reasons for approval, denial or such continuance. 10. Board of Zoning Appeals decisions may be appealed to the Circuit Court as allowed by Section 21-99 of the Zoning Ordinance. Such appeal must be filed with the Court within (30) days after the final decision of the Board. Page 24 of 30 Rules and Procedures Board of Zoning Appeals Page 5 ARTICLE VIII. SPECIAL RULES FOR APPEALS FROM ADMINISTRATIVE DECISIONS 1. Chairman announces the subject matter and reminds the appellant and those parties present at the public hearing of the provisions of the Zoning Ordinance that mandate a concurring vote of three (3) members to reverse a determination of the Zoning Administrator or other administrative officer. 2. Chairman calls on Zoning Administrator or designee to present the Zoning Administrator’s position. 3. Members may pose questions to the Zoning Administrator 4. Chairman opens the public hearing. 5. Chairman calls on appellant or his or her agent to present the appellant’s position. The appellant shall be limited to a thirty (30) minute presentation. 6. Members may pose questions to the appellant. 7. Chairman calls for comment from any person wishing to speak, stressing that testimony should be limited to the precise issue that is the subject of the appeal. Any such persons shall identify themselves prior to the hearing as wishing to speak and shall be heard in order of such identification. Unless waived by a majority vote of Board members present at the meeting, each speaker shall be limited to five (5) minutes. No speaker shall have the right to pose questions to the appellant. 8. Chairman calls on Zoning Administrator to pose rebuttal or additional remarks. 9. Members post final questions to either the appellant or the Zoning Administrator. 10. Chairman closes the public hearing. 11. Board discussion and vote. The motion to approve, deny or defer the application shall include a clear and concise statement of the reasons for approval, denial or deferral. ARTICLE IX. RECORDS AND REPORTS 1. The Zoning Administrator or the Recording Secretary shall keep a file of all materials and decisions relating to each case as part of the records of the Board of Zoning Appeals. 2. The Board shall submit a report of its activities to the City Council at least once a year and may include therein any recommendations it may have with respect to any amendment to the Zoning Ordinance proposed by the Board. 3. All records of the Board shall be public records. ARTICLE X. RIGHT OF REPRESENTATION Anyone appearing before the Board may do so in person or be accompanied or represented by legal counsel or other duly authorized representative. If such person does not appear personally but is to be otherwise represented, written authority from Page 25 of 30 Rules and Procedures Board of Zoning Appeals Page 6 such person authorizing his or her representative to act on his or her behalf must be submitted to the Board prior to the hearing. ARTICLE XI. AMENDMENTS These Rules of Procedure may be adopted, amended or rescinded by an affirmative vote of not less than three (3) members. Page 26 of 30  BOARD OF ZONING APPEALS WILLIAMSBURG, VIRGINIA 2020 ANNUAL REPORT ______________________________________________ The Annual Report to the City Council from the Board of Zoning Appeals for the calendar year 2020 as required by Section 21-96(b) of the Zoning Ordinance is herewith submitted: MEMBERS OF THE BOARD ATTENDANCE TERM EXPIRES Michael Jallo, Chair 3-3 12-31-20* Ernest Warner, Jr., Vice-Chair 3-2 12-31-21** John Alewynse, Secretary 3-1 12-31-21** Melinda Morgan 3-3 12-31-23* Robert Lane 3-2 12-31-24* * Eligible for reappointment ** Not Eligible for reappointment STAFF ATTENDANCE Heather Markle 3-3 Zoning Administrator Heather Moore 3-3 Secretary MEETINGS The Board schedules its meetings on the first Tuesday of the month in the Council Workroom, Room #123, virtually, and Council Chambers of the Stryker Center. There were two regular meetings and one virtual meeting held during the year. There being no business before the Board on the other scheduled meeting dates. Ten applications were received, and public hearings were held for these cases. Board members visited the properties involved before the public hearings. Public hearings were duly advertised and held in accordance with the provisions of the Zoning Ordinance, the Code of Virginia, and the Bylaws of the Board of Zoning Appeals. Minutes of all meetings, along with related materials, are available for public inspection. Page 27 of 30 Board of Zoning Appeals Annual Report - 2020 Page 2 The nature and disposition of the applications follows. Applications may include more than one request. Number Approved Denied Upheld Pending Administrative Variance 0 0 0 0 0 Variance 2 0 2 0 0 Special Exception 7 7 0 0 0 Appeals 1 0 0 1 0 BZA#19-015: Request of Paul W. & Charlotte G. Gerhardt for a variance from Section 21- 167(1) of the Zoning Ordinance. The existing front porch is nonconforming and is currently located 16 feet from the property line. The applicants propose to enlarge the porch by an additional two feet in depth towards the front property line and increase the width an additional five feet. The property is located at 520 South England Street, Williamsburg Tax Map Number 496-05-00-005, and is zoned, Single-Family Dwelling District RS-2. Denied. BZA#20-001: Request of the Colonial Williamsburg Foundation for a special exception in accordance with Section 21-413 to change the use of a building from a “residential use” to “Colonial Houses” which will be rented to visitors. The property is located at 312 E. Francis St., Williamsburg Tax Map Number 467-0A-00-064, and is zoned, Colonial Williamsburg Historic Area CW. Approved. BZA#20-002: Request of the Colonial Williamsburg Foundation for a special exception in accordance with Section 21-413 to change the use of a building from a “residential use” to “Colonial Houses” which will be rented to visitors. The property is located at 206 E. Francis St., Williamsburg Tax Map Number 467-0A-00-069, and is zoned, Colonial Williamsburg Historic Area CW. Approved. BZA#20-003: Request of the Wilson Family Revocable Trust for a special exception in accordance with Section 21-826 to encroach into the required Resource Protection Area buffer for a portion of the deck on the rear of a proposed residence. The property is located at 22 The Palisades, Williamsburg Tax Map Number 554-02-00-035, and is zoned, Planning Unit Development PUD. Approved. BZA#20-004: Request of Gregory H. & Lisa N. Granger for a variance from Section 21-611 of the Zoning Ordinance to construct a six-foot fence in the front yard instead of a four-foot fence which is the maximum height allowed in a front yard by the Zoning Ordinance. The property is located at 319 Mill Neck Road, Williamsburg Tax Map Number 522-0A-00-004, and is zoned, Single-Family Dwelling District RS-1. Denied. BZA#20-005: Request of Beth A. Kafrissen for an appeal of the Zoning Administrators notice of violation, dated January 31, 2020, of Section 21-162, Section 21-603, and Section 21-605.2 of the Zoning Ordinance. The Zoning Administrator has determined the property owner is in violation of converting an accessory structure into a separate living unit, Page 28 of 30 Board of Zoning Appeals Annual Report - 2020 Page 3 conducting a short-term vacation rental for visitors in an illegal accessory structure and conducting a short-term vacation rental to visitors with approval from the Board of Zoning Appeals in violation of the Zoning Ordinance. The property is located at 3 Forest Hill Drive, Williamsburg Tax Map Number 408-04-00-003, and is zoned, Single-Family Dwelling District RS-2. Upheld Zoning Administrator’s Decision. BZA#20-006: Request of Frank D. & Anne D. Edwards for a special exception from Section 21-896 of the Zoning Ordinance to enlarge two existing nonconforming porches the same distance from the front and rear property line as the existing porches. The applicants existing dwelling is located 20.7 feet from the front setback and 10.8 feet from the rear yard setback. The Zoning Ordinance allows a front porch to encroach five feet into a required front setback and 12 feet into a required rear yard setback. The required front yard setback for this property is 35 feet front and 25 feet rear. The existing front porch encroaches 4.8 feet into the front yard, and the rear porch encroaches four feet into the rear yard. The property is located at 104 Mimosa Drive, Williamsburg Tax Map Number 525-0A-00-022, and is zoned, Single-Family Dwelling District RS-2. Approved. BZA#20-007: Request of the Colonial Williamsburg Foundation for a special exception in accordance with Section 21-413 to change the use of a building from a “residential use” to “Colonial Houses,” which will be rented to visitors. The property is located at 120 East Francis Street, Williamsburg Tax Map Number 467-0A-00-063, and is zoned, Colonial Williamsburg Historic Area CW. Approved. BZA#20-008: Request of Montgomery L. & Denise L. Fleck for a special exception pursuant to Section 21-605.2 of the Zoning Ordinance to approve the short-term rental of one room to transient visitors in a single-family detached dwelling. The property is located at 605 Richmond Road, Williamsburg Tax Map Number 434-09-03-013 and is zoned, Single-Family Dwelling District RS-2. Approved. BZA#20-009: Request of the Cynthia Baker Revocable Living Trust for a special exception from Section 21-607(e) of the Zoning Ordinance to enclose an existing unenclosed porch that encroaches in a required rear setback. The applicant proposes to enclose the existing porch that encroaches 9.1 feet into the rear yard setback resulting in a rear yard setback of 15.9 feet instead of 25 feet. The property is located at 89 Governor Berkeley Road, Williamsburg Tax Map Number 342-07-00-022, and is zoned, Planned Unit Development - Longhill Woods. Approved. Respectfully submitted by the Board of Zoning Appeals, Michael E. Jallo, Chairman [ANNUAL.RPT\BZA\2020] Page 29 of 30  CITY OF WILLIAMSBURG PLANNING DEPARTMENT 2021 BOARD OF ZONING APPEALS SCHEDULE MONTH SUBMITTAL DATE MEETING DATE 12:00 NOON 4:00 P.M. Monday - Three weeks 1st Tuesday of Month prior to meeting date. STRYKER CENTER January, 2021 December 14, 2020 January 5, 2021 February January 11 February 2 March February 8 March 2 April March 15 April 6 May April 12 May 4 June May 10 June 1 July June 14 July 6 August July 12 August 3 September August 16 September 7 October September 13 October 5 November October 11 November 2 December November 15 December 7 January, 2022 December 13, 2021 January 4, 2022 The property owner must sign the application. One (1) copy of the application, including all supporting documents and the appropriate application fee, must be submitted for the application to be considered complete. If documents are larger than 11”x14”, please provide seven (7) copies. For additional information, please call the Planning Department at (757) 220-6130. Heather I. Markle Heather N. Moore Zoning Administrator Administrative Assistant hmarkle@williamsburgva.gov hmoore@williamsburgva.gov Page 30 of 30