Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, September 7, 2021 A meeting of the Board of Zoning Appeals will be held Tuesday, September 7, 2021 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 p.m. BOARD MEMBERS: Ernest Warner, Chair, Michael Jallo, Vice-Chair, Melinda Morgan, and Robert Lane Page CALL TO ORDER ROLL CALL OPEN FORUM PUBLIC HEARINGS A. BZA#21-005:Request of the Colonial Williamsburg Foundation for a 2-8 special exception in accordance with Section 21-413 to locate a windmill on the property at 400 East Francis St., Williamsburg Tax Map Number 467-0A-00-071, zoned Colonial Williamsburg Historic Area CW. UNFINISHED BUSINESS None NEW BUSINESS Meeting Minutes April 6, 2021 9 - 10 ADJOURNMENT The Board will view the site prior to the September 7th meeting. The Board of Zoning Appeals invites public comment on any subject during "Open Forum." Please direct all comments to the Chair, and limit comments to 5 minutes. Thank you. BZA#21-005 CWF September 1, 2021 Page 1 TO: Board of Zoning Appeals DATE: September 1, 2021 SUBJECT: BZA#21-005: Colonial Williamsburg Foundation Special Exception Request – Windmill 400 E. Francis Street The Colonial Williamsburg Foundation has requested a special exception per Section 21- 413 of the Zoning Ordinance to create a historic farming and windmill site at 400 East Francis Street. The property is designated as Williamsburg Tax Map Number 467-0A-00- 071 and is zoned Colonial Williamsburg Historic Area CW. Colonial Williamsburg plans to relocate a windmill from the Great Hopes property at 100 Visitor Center Drive to the open lot at 400 East Francis Street. The applicant states, “Due to changing visitor trends and interpretive challenges, the current windmill site is no longer feasible. The new site will allow Colonial Williamsburg to tell a broader and more meaningful story about the vital role agriculture played in the economy and daily lives of residents.” The change in use requires a special exception permit from the Board of Zoning Appeals. Section 21-413 of the Zoning Ordinance allows with a special exception in accordance with 21-97(f) the following uses in the Colonial Williamsburg historic area CW: (1) Restoration and/or reconstruction of buildings constructed prior to the year 1800, based on documented historical and/or archaeological evidence, and used for the following purposes: a. Uses that existed in this district in the 18th century, based upon documented historical and/or archaeological evidence. b. Museums dealing primarily with various aspects of 18th-century life. c. Support facilities for the Colonial Williamsburg historic area CW. d. Single-family detached dwellings. (2) Restoration and/or reconstruction of accessory buildings based on historical and/or archaeological evidence indicating that such buildings probably existed prior to the year 1800, even though there exists no specific historic or archaeological evidence to support this. Such accessory buildings may be used for the following purposes: a. Uses that existed in the district in the 18th century, based upon documented historical and/or archaeological evidence. b. Museums dealing primarily with various aspects of 18th-century life. Page 2 of 10 BZA#21-005 CWF September 1, 2021 Page 2 c. Support facilities for the Colonial Williamsburg historic area CW. d. Single-family detached dwellings. (3) Use of land for uses that existed in this district in the 18th century, based upon documented historical and/or archeological evidence. In reaching a decision the Board should consider the following: 1. Stated intent of the zoning district in which the properties are located; 2. Uses in the area immediately surrounding the properties in question; 3. Amount of traffic to be generated; 4. Number of people to be employed; 5. Hardship that would result from the denial of the special exceptions; and 6. Is this a support facility for the Historic Area? 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. ANALYSIS The applicant has provided sufficient evidence that windmills were used in the Colonial Williamsburg Historic Area during the 18th century. The proposal is consistent with the intent of the district – “to preserve, protect and maintain the unique character and historic importance of the Colonial Williamsburg Historic Area.” The proposed use will be operated in a manner that adequately safeguards the health, safety and welfare of the occupants on the adjoining and surrounding property; not impair the supply of light and air to the adjacent property; not pose a danger to the public and will not impair the established property values in surrounding areas. STAFF RECOMMENDATION Staff recommends approval of special exception request BZA#21-005 based on the criteria contained in Section 21-97(f)2 of the Zoning Ordinance and the above analysis. Heather Markle Zoning Administrator Page 3 of 10  a’?%‘>’?%9W BOARD OF ZONING APPEALs BZA#Z'ZI 7516 WILLIAMSBURG PLANNING DEPARTMENT DATE ZI 401 LAFAYETTE STREET WILLIAMSBURG, VIRGINIA 23185-3617 (757) 220-6130 FAX (757) 220-6130 OWNER(S): The Colonial Williamsburg Foundation ADDRESS: P.O. Box 1776 PHONE/FAX NUMBER/E—MA|L: 757-220-7629 / 757-220-7169 / ne|Iwein@cwf.org APPLICANT/REPRESENTATIVE: Neil K. Ellwein ADDRESS. P.o. Box 1776 PHONE/FAX NUMBERS/E-MAIL: 757-220-7629 / 757-220-7169 / ne||wein@cwf.org LOCATION OF THE REQUEST: 400 E. Francis Street ATTACH PLAT OR DETAILED DRAWING 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 ADMINISTRATIVE DECISION. 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 prohibitor 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. Ifnot, why is more needed? 6. Granting the variance would not adversely impact adjacent properties. [/1 A SPECIAL EXCEPHON FOR Historic Farming & Windmill Site 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 cthervvise unreasonably restrict public safety. 4. It does not impair the established property values in surrounding areas. Initials Page 4 of 10  BZA # Z/Z1—07)$ |NVe, respectfully request that a determination be made by the Board of Zoning Appeals forthe above-noted request which is true to the best of my/our knowledge and belief. Notary My Commission Expires FOR OFFICE USE ONLY TAX MAP NUMBER: I-II/I -DA’ ?)'D'II ZONING: DATE OF PUBLIC HEARING: 4 II’ 2" ' (SEE ATTACHED SHEET FOR PERSONS NOTIFIED) NOTICES MAILEDI DECISION: THE DECISION OF THE BOARD OF ZONING APPEALS MAY BE APPEALED TO THE CIRCUITCOURT WITHIN 30 DAYS AFTER THE FINALDECISION OF THE BOARD. ZONING ADMINISTRATOR DATE March, 2007 [FORMS\BZA APPLICATION FORM] Page 5 of 10 7/12/2021 City Of Williamsburg BZASubmittal Historic Farming & Windmill Site Colonial Williamsburg has a long history of interpreting 18”‘—centurytrades that were present within and surrounding Colonial Wi||iamsburg’s Historic Area. The interpretation of these trades is critical to understanding how Williamsburg functioned in the 18”‘century. Without these components, the story of Wi||iamsburg’s past would be incomplete. In an effort to provide an accurate representation of how these 18th-centurytrades supported the daily functions of town, Colonial Williamsburg has moved those that were located beyond the current boundaries of the Historic Area to the periphery of the interpreted area. Most notable are the masonry (brickmaking) and carpentry trades. These trades are known to have been based in areas just outside ofthe Historic Area but are critical to understanding 18"‘ century Williamsburg. Another trade that played a critical part ofthe 18”‘century economy and community in Williamsburg and the larger region is agriculture. This includes farming, refinement, and transport of product. Colonial Williamsburg would like to move the farming program, including the windmill, to an open lot bordered by Francis Street and Bucktrout Lane. Farming obviously surrounded the town and gardens were present throughout the Historic Area in the 18”‘century. Likewise, windmills were also present in the area to refine crops such as corn and other grain into usable product for consumption and sale. These mills operated just beyond the current Historic Area, playing an important role in the town and region. Windmills were found in colonial Virginia and Williamsburg. They are described in newspapers and documents and depicted on early maps and paintings of the region. In 1723, William Robertson sold a windmill that stood in Williamsburg, northeast of the Peyton Randolph property. This windmill was likely located in the area disturbed by the current Colonial Parkway and was not present by the time of the revolution. A mill that likely replaces Robertson's Mill is shown on the 1782 ”Frenchman’s Map” of Williamsburg. Located along present—day South Henry Street, this windmill sat approximately % of a mile southwest ofthe location being proposed. Colonial Williamsburg reconstructed a windmill at the Peyton Randolph site in 1957 to represent the Robertson Mill. In 2010, the decision was made to move the windmill to the Great Hopes property for interpretive and maintenance reasons. Colonial Williamsburg would like to now move the mill to the open lot bordered by Francis Street and Bucktrout Lane as part of a larger 18‘“—century agricultural interpretation. Due to changing visitor trends and interpretive challenges, the current windmill site is no longer feasible. The new site will allow Colonial Williamsburg to tell a broader and more meaningful story about the vital role agriculture played in the economy and daily lives of residents. The site and windmill will meet the standards of quality and historical appearance suitable for buildings in the Historic Area. It will be built to meet applicable building codes and if modern fasteners are required, we will work to conceal them to minimize intrusion to historical appearance. The proposed use will not impair established property values in surrounding areas, nor will it decrease the safety and welfare of occupants of adjoining and surrounding property. Page 6 of 10 vr>z SITE PLAN uzwsum /coumsm/M715 COLONIAL WILLIAMSBURG FARM T0 TABLE I WINDMILL INTERPRETIVE SITE CITY OF VVILLIAMSBURG 1:15.: »« .. am»-xx om 5154177 ‘.......... m.....-m. Fax v. mu (>:17u:~o-ru Page 7 of 10 Page 8 of 10  MINUTES City of Williamsburg Board of Zoning Appeals April 6, 2021 A virtual meeting of the Board of Zoning Appeals was held on April 6, 2021 at 4:00 p.m. CALL TO ORDER ROLL CALL The following members were present: Ernest (Ray) Warner, Jr., Michael Jallo, John Alewynse, Melinda Morgan, and Robert Lane Staff Attending: Zoning Administrator Heather Markle and Planning Clerk Heather Moore The Chair noted that all members had visited the site separately prior to the meeting. OPEN FORUM Chair Warner opened the Open Forum portion of the meeting for comments on any topic. No one was present to speak; Chair Warner closed the Open Forum. PUBLIC HEARINGS A. BZA#21-004: Alice M. Mountjoy Revocable Trust Special Exception Request – 111 Rolfe Road Zoning Administrator Heather Markle introduced the request of the Alice M. Mountjoy Revocable Trust for a special exception from Section 21-896 of the Zoning Ordinance to enlarge an existing legally nonconforming dwelling. Ms. Markle stated that this property is in the Single-Family Dwelling District RS-2, which requires a 35-foot front yard. Unenclosed porches and balconies shall not project into any required yard areas. She noted that the applicant states that the residence as it sits does not comply with existing ordinances and the primary reason for constructing of the porch is to relocate the front entryway to enhance the front façade and improve dwelling’s overall functionality. Ms. Markle noted Section 21-896 of the Zoning Ordinance allows the Board of Zoning Appeals to approve, as a special exception in accordance with Section 21-97(f), the enlargement of an existing legally nonconforming building that does not meet the yard regulations of the zoning district in which it is located. She stated that the dwelling is legally nonconforming and is located 31.5 from the front property line. The proposed porch will be located in the gap between the two front ends of the u-shape dwelling and will be no closer to Rolfe Road Page 9 of 10  than the current dwelling. Ms. Markle noted that Staff recommends approval of the special exception request for BZA#21-004 based on the criteria contained in Section 21-97(f) of the Zoning Ordinance and the analysis contained in the staff memo conditioned upon the proposed porch additions do not encroach any closer to the front property lines than the existing dwelling. The Board had no questions for Staff. Alice Mountjoy, owner, and Patrick Jones, contractor, were present to answer any questions. Member Alewynse inquired if the front will stay brick. Ms. Mountjoy stated that they have not committed to a design yet but she stated that they will paint the brick and the area above might be another material like shake or hardiboard. The Board had no further questions. Moved by Morgan, seconded by Alewynse, amended by Robert Lane to approve the special exception request for BZA#21-004 based on the criteria contained in Section 21-97(f) of the Zoning Ordinance and the analysis contained in the staff memo conditioned upon the proposed porch additions do not encroach any closer to the front property lines than the existing dwelling. Carried 5-0-0 by a roll call vote: Ayes: Alewynse, Morgan, Warner, Jr., Jallo, and Lane Nays: None UNFINISHED BUSINESS NEW BUSINESS March 2, 2021 - Minutes Moved by Jallo, seconded by Morgan, to approve as amended. Carried 5-0-0 by a roll call vote: Ayes: Warner, Jr., Jallo, Alewynse, Morgan, and Lane Nays: None ADJOURNMENT Chair Warner adjourned the meeting at 4:14 p.m. Ernest R. Warner, Chair - Board of Zoning Appeals Board of Zoning Appeals April 6, 2021 Page 2 of 2 Page 10 of 10