Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, July 5, 2022 A meeting of the Board of Zoning Appeals will be held Tuesday, July 5, 2022 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 p.m. Page CALL TO ORDER ROLL CALL A. MATTER OF SPECIAL PRIVILEGE Approval of Electronic Participation of Allen Murphy OPEN FORUM PUBLIC HEARINGS A. BZA#22-003: Colonial Williamsburg Foundation - Special Exception 2-8 Request – Historic Bray School Site - 345 W. Francis Street NEW BUSINESS Meeting Minutes - April 5, 2022 9 - 12 ADJOURNMENT BZA#22-003 CWF June 29, 2022 Page 1 TO: Board of Zoning Appeals DATE: June 29, 2022 SUBJECT: BZA#22-003: Colonial Williamsburg Foundation Special Exception Request – Historic Bray School Site 345 W. Francis Street The Colonial Williamsburg Foundation has requested a special exception per Section 21- 413 of the Zoning Ordinance to relocate the historic Bray School to 345 W. Francis Street. The property is designated as Williamsburg Tax Map Number 496-0A-00-001 and is zoned Colonial Williamsburg Historic Area CW. Colonial Williamsburg Foundation plans to relocate the Bray School from 524 Prince George St. to the corner of Francis and Nassau St. The applicant notes that the building was moved to its current location in the 1930s. The current site is not owned by the Foundation and does not allow for restoration and public viewing. The original Bray School no longer exists. The proposed site is adjacent to where the second Bray school is believed to have been located. The relocation will allow the Colonial Williamsburg Foundation to accurately restore the structure and provide for public access and education. 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 12 BZA#22-003 CWF June 29, 2022 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 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#22-003 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 12  BOARD OF zoNING APPEALS BZA#Z" 99103; WILLIAMSBURG PLANNING DEPARTMENT oAT ; 401 LAFAYETTESTREET WILLIAMSBURG, VIRGINIA23185-3617 (757) 220-6130 FAX (757) 220-6130 OWNER(S): The Colonial Williamsburg Foundation ADDRESS. P.O. Box 1776 PHONE/FAX NUMBER/E_MA“_. 757-220-7529 / 757-220-7159 / nellwein@cvvf.org APPLICANT/REPRESENTATIVE: Ne" K- EIIWGI“ ADDRESS. P.O. Box 1776 PHONE/FAX NUMBERS/E-MAIL: 757-220-7629 / 757-220-7169 / ne||wein@cwf.org LOCATION OF THE REQUEST: 345 W. Francis Street ATTACH PLAT OR DETAILED DRAWING OF PROPERTY SHOWING EXISTING STRUCTURES.PROPOSED STRUCTURES.SET BACK LINES AND ENCROACHMENTS. THE FOLLOWING REQUEST IS MADETO 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. [ 1 AvARIANcE 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. If not, why is more needed? 6. Granting the variance would not adversely impact adjacent properties. HISIOIICBray S°h°°I Site [X] ASPECIAL EXCEPTION FOR 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. _ It does not unreasonably impair an adequate supply of light and air to adjacent property. It does not increase public danger from fire or otherwise unreasonably restrict public safety. It does not impair the established property values in surrounding areas. Initials .*".°’!° Page 4 of 12  BZA #Z'2?ID5 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. 74’: £15Signature of Owner(s) (.~ 10- zozz Date Sworn before me this I 0 5/‘Bay of ?é~;_»\1~ , 30 Notary My Commission Expires FOR OFFICE USE ONLY TAX MAP NUMBER: L-ICIlQ— Q/>r(I)'U)\ ZONING: C\/\I DATE OF PUBLIC HEARING: NOTICES MAILED: (SEE ATTACHED SHEET FOR PERSONS NOTIFIED) DECISION: THE DECISION OF THE BOARD OF ZONING APPEALS MAY BE APPEALED TO THE CIRCUIT COURT WITHIN30 DAYS AFTER THE FINAL DECISION OF THE BOARD. ZONING ADMINISTRATOR DATE March, 2007 [FORMS\BZA APPLICATION FORM] Page 5 of 12 6/10/2022 City Of Williamsburg BZA Submittal CWF Historic Bray School Site In 2020, Colonial Williamsburg, working in partnership with William and Mary identified the 1760 Bray school, the oldest surviving school dedicated to Black education in the country. Colonial Williamsburg would like to relocate the Bray School from 524 Prince George Street to the corner of Francis and Nassau Street. The building was moved to its current location in the 19305 to make way for Brown Hall at the corner of North Boundary and Prince George Street. The new location will allow the Foundation to move the structure onto property it owns and allow for the structure to be restored and interpreted to the public. The current location does not belong to the Foundation and would be difficult to open to the public. Likewise, the original location does not belong to the Foundation and Brown Hall still sits on the site. The Foundation will accurately restore the structure using architectural evidence and develop the site at the corner of Francis and Nassau based on archaeological evidence from the original Brown Hall site. The proposed new location is adjacent to the lot where the second Bray School (1765) is believed to have been located. The proposed site features level to slightly sloping topography that will readily accommodate accessible paths for guests and facilitate storm water management. The site and building restoration will meet the standards of quality and historical appearance suitable for buildings in the Historic Area. It will be renovated to meet applicable building codes. 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 12  Map showing prospective location of Bray School structures on colonial Lot M, featuring contour of historic Lot M ravine bottom. VAV‘ NAD 83 State Planecoordinate System 1 2400 scale Cartography by Aaron Lovejoy 6/2/2022 Department of Archaeology Page 7 of 12 ‘su _“,,_A_" L" * m?ééf Ext...-«a‘«‘re- Page 8 of 12  MINUTES City of Williamsburg Board of Zoning Appeals April 5, 2022 A meeting of the Board of Zoning Appeals was held on April 5, 2022 at 4:00 p.m. in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER ROLL CALL The following members were present: Chair Michael Jallo, Vice Chair Melinda Morgan, Robert Lane, Allen Murphy, and Lori Forcucci Staff Attending: Zoning Administrator Heather Markle and Clerk Heather Moore OPEN FORUM Chair Jallo opened the Open Forum portion of the meeting for anyone present to address the Board on any subject other than what is on the agenda this afternoon. There being no comment, the Open Forum was closed. PUBLIC HEARINGS A. BZA#22-002: Request of Yogendra C. Patil 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 418 Pocahontas St., Williamsburg Tax Map Number 499-14-00- 001, and is zoned, Single-Family Dwelling District RS-2. Staff analysis was presented by Zoning Administrator Heather Markle. She stated 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. Ms. Markle reviewed the information required by the Board of Zoning Appeals to determine if the proposed property meets the occupancy requirement, provides an adequate plan for managing the property, and to determine if the property may be operated as a short-term rental consistent with the provisions of Subsection 21-97(f), Section 21-605.2 and conditions contained herein. She Page 9 of 12 noted the applicant has provided documents to establish ownership & updated management plans, the applicant has lived in the dwelling as the primary residence since purchasing the property. Ms. Markle stated that this property was previously noted on a short-term rental site and a notice of violation was issued on January 21, 2022. The property owner immediately brought the property into compliance by removing all advertisements, canceling all future rentals and submitted a sworn affidavit stating that the property would not operate as a short-term rental without approval from the BZA. Ms. Markle informed the Board that Staff recommends approval of special exception request BZA#22-002 based on the criteria contained in Section 21- 605.2 of the Zoning Ordinance, the presented analysis and is 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 one room to transient visitors shall be limited to two individuals, excluding minors, and 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. Yogendra Patil, 418 Pocahontas Street, informed the Board that he applied for this exception since it is close to visitor attractions and he and his wife will be present on the property. Mr. Lane inquired if the applicant understood there needed to be a written consent for Staff to inspect the property and visitor register and is required for approval. Mr. Patil stated that he is fully aware and will provide the document. Ms. Markle clarified that the register would be for the person(s) visiting and not paying. Mr. Murphy stated that page 3 paragraph 13 states that owner will provide City written consent. A short discussion followed on policies and procedures of Staff. Mr. Lane stated that renters need to know the requirements. Mr. Patil stated that he provided what was requested and that he utilizes the legal rental agreements provided by the rental sites so that the prospective renters are aware before reserving the room. There was a short discussion on how to make renters aware of the City's rules and regulations i.e. noise ordinance and assigned parking spot. Board of Zoning Appeals April 5, 2022 Page 2 of 4 Page 10 of 12  Mr. Lane reviewed all major questions for Board he inquired on the property value of surrounding properties. Mr. Patil stated that this will help bring focus to the City, bring international awareness, revenue building for the city, and the City's ordinance and rules will assist in keeping the area nice. The Board had no further questions for the applicant. The Board noted their discomfort in not having a written statement from the applicant regarding Staff inspections. Moved by Lane, seconded by Murphy, to approve of special exception BZA#22-002 based on the criteria contained in Section 21-605.2 of the Zoning Ordinance, the presented analysis and is 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. Conditions 1-15 as listed in Section 21-605.2(h) of the Zoning Ordinance. 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. amended by Allen Murphy, seconded by Lori Forucucci, to add a 4th condition to provide a written authorization from the applicant to allow city Staff entry to inspect property with 24-hour notice, the written authorization shall be approved as preformed by the city attorney prior to commencement of this activity. Carried 5-0-0 by a roll call vote: Ayes: Jallo, Morgan, Lane, Murphy, and Forcucci Nays: None NEW BUSINESS A. Meeting Minutes - March 1, 2022 Moved by Lane, seconded by Forcucci, to approve as amended Carried 5-0-0 by a roll call vote: Ayes: Jallo, Morgan, Lane, Murphy, and Forcucci Nays: None B. New Business Item Board of Zoning Appeals April 5, 2022 Page 3 of 4 Page 11 of 12  Mr. Murphy stated that he would like to have clarity on the management plan section of the Short-Term Ordinance. He stated his concern with future applicants using past approvals in any argument they may have. Mr. Murphy would like to have the required management plans presented without ambiguity. Ms. Forcucci stated her concern with the ambiguity regarding the requirement of the property owner to be "on site" terminology. ADJOURNMENT Chair Jallo adjourned the meeting at 5:00 p.m. Michael Jallo, Chair -- Board of Zoning Appeals Board of Zoning Appeals April 5, 2022 Page 4 of 4 Page 12 of 12