Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, February 7, 2023 A meeting of the Board of Zoning Appeals will be held Tuesday, February 7, 2023 in the Stryker Center, 412 N. Boundary Street, Room 123 commencing at 4:00 p.m. Page CALL TO ORDER ROLL CALL A. Approval of Electronic Participation of Robert Lane B. Election of Officers OPEN FORUM PUBLIC HEARINGS A. BZA#23-001: John Leshok (Highway Pizza) - Appeal - 3044 Richmond 2 - 28 Road UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes - July 5, 2022 29 - 30 ADJOURNMENT  BOARD OF ZONING APPEALS BZA# 17.7001 WILLIAMSBURGPLANNINGDEPARTMENT T291430) DATE [¢9(7a9. 401 LAFAYETTE STREET .LILIILIT ' . , WILLIAMSBURG, VIRGINIA23185-3617 (757) 220-6130 FAX (757) 220-6130 OWNER(S): 733%» L35Hon ADDRESS: DF:_\)Ii6~JIC>bL/£9'TI?'z'«‘(z~QCFi__f_P(‘O\?% H042 WI Q3‘/‘(O PHONE/FAXNUMBER/E-MAIL: A‘F1"’~'CIZ—FOEK 7i7-c17l;?_;D<o _/ QQh»..»JernEu+E<- APPLICANT/REPRESENTATIVE: 5/?§«-M /7’/éc ce// 2 5' 7 7*?‘/' / 6 ¥/ I’Ar.Jm17~T_llcQgqmf.cam -» ~ ADDRESS; 5691 j’Y)c’v,2(~’1Lv.«/ I31), I/vILL/,4/my 33t/;? 0- W9 2315/5’ PHONE/FAX NUMBERS/E-MAIL: 775,7’ 555;‘ 9 5'5’ LOCATIONOFTHEREQUEST: 3097 j2_)ci.Irmm> FD St/zfé’ /0/’ 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: M 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 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. [ ] A SPECIAL 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. 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 2 of 30  BZA # WIODI I/We, respectfully request that a determination be made by the Board of Zoning Appeals for the above-noted request which is tr 0 he be my/our knowledge and belief. ignature of Owner(s) Date Sworn before me this day of IA,L2£V, NATAs HA RENEEJEFFERSON-GREENE NOTARYPUBLIC REGlSTRATlON#7995232 OF VIRGINIA COMMONWEALTH MYCOMMISSIONEXPIRES JUNE 30, 226 My Commissin Exp res FOR OFFICE USE ONLY TAX MAP NUMBER: ‘I003 ZONING: DATE OF PUBLIC HEARING: ‘7/’I $7? ’ NOTICES MAILED: (SEE ATTACHED SHEET FOR PERSONS NOTIFIED) DECISION: THE DECISION OF THE BOARD OF ZONING APPEALS MAYBE APPEALED TO THE CIRCUIT COURT WITHIN 30 DAYS AFTER THE FINAL DECISION OF THE BOARD. ZONING ADMINISTRATOR DATE March, 2007 [FORMS\BZA APPLICATION FORM] Page 3 of 30 Page 4 of 30 FLAG 3o"x SHIELD36 ~ x 34 ~ 15" SHIELD36”X 34" FLAG30,), 15.. DECORITIVE FLAGWILLBEROLLEDALUMINUMTOMAKEFLAGAPPEARTO BEMOVINGI WIN MOUNTEDONTOTHESHIELD.A SAMPLEWILLBEPROVIDEDTO THEARBDURINGTHEM D E - E CODE SECTION21-748 / 2E T Flags. One ?ag is permitted on an individual lot; in addition, one United States ?ag and one Commonwealth ofVirginia ?ag I maybe displaye Flags may be building mounted or displayed from a ?agpole. Flags or ?agpoles mounted on the roof of a building shall be proh N d. The height of a ?agpole shall not exceed 25 feet. The maximum size of a ?ag shall not exceed 40 square feet. ibite G Flags that are not visible from public rights-of—wayshall be exempt from regulation. Flags attached to automobiles displayed d. fo sbe prohibited . hall All?ags shall be maintained in good condition so as to present a neat and orderly appearance, and must be displayed in a digni r and non- manner. ?ed lcommerc The zoning administrator may give written notice to remove or replace, within 48 hours, any ?ag which becomes faded or tatter an to comply failure will be considered a violation of this chapter. ed, eial d  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department TO: Board of Zoning Appeals DATE: February 1, 2023 SUBJECT: BZA#23-001: John Leshok Appeal – 3044 Richmond Rd The request of John Leshok (Highway Pizza) for an appeal of the Zoning Administrators determination, dated November 31, 2022 of Section 21-748 (2)e & Section 21-747 (2)b of the Zoning Ordinance. The Zoning Administrator has determined the proposed decal meets the definition of a sign and the property owner is in violation of exceeding the allowable square footage for signs on the property. The property is located at 3044 Richmond Rd, Williamsburg Tax Map Number 282-05-00-001, Zoned, B-2 Corridor Business, and is located in the Corridor Sign District. 3044 Richmond Road (Highway Pizza) is located in the Sign District: Corridor Protection (CP). This district is designed to ensure that signage in the city's entrance corridors is harmonious and compatible with the Colonial Williamsburg Historic Area, the College of William and Mary, and the various older neighborhoods in the architectural preservation district, and that the signage contributes to the improvement of the design of the city's major commercial corridors. It is also designed to ensure that signage in the areas situated between residential and commercial districts is harmonious and compatible with the character of those areas. No sign, unless specifically exempted, shall be erected in a Corridor Protection District (CP) until the sign has been approved by the Architectural Review Board (ARB). Sec. 21-747(2)b states that building-mounted sign area shall be based upon building setback. Highway Pizza is setback less than 200 feet from Richmond Road and therefor has a maximum sign area of 40 sq.ft. The size of the ARB approved building mounted Highway Pizza sign is 35 sq.ft. On April 8, 2022 Zoning Administrator Markle spoke to John Leshok regarding three signs that were attached to the fence without ARB approval and provided a copy of the Zoning Ordinance, a sign permit application and an overview of the Architectural Review Board (ARB) process required for approval. On April 26, 2022 the ARB approved an application for one of the three shield signs and noted that the additional two unauthorized and unpermitted shield signs could not be approved as they would exceed the allowable square footage. The size of the ARB 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 5 of 30 BZA#23-001 February 1, 2023 Page 2 approved shield sign mounted on the fence is 5 sq.ft. (Attachment 1 04-26-22 - ARB Minutes - EXECUTED) On September 13, 2022 a Notice of Violation was sent to Highway Pizza for failure to remove the two unauthorized and unpermitted shield signs. (Attachment 2: 09-13-22 NOV) On September 28, 2022 a Notice of Violation was sent to Highway Pizza for installing two banner signs placed over the shield signs. (Attachment 3: 09-28-22 NOV) On October 5, 2022 a meeting was held with Mr. Lashok and owner of Fine Signs, Jason Hill, Zoning Administrator Markle and City Attorney Christina Shelton. Mr. Hill asked about creating a “metal flag” and was informed by staff and counsel that a decal on metal is not considered a flag, does not meet the city ordinance and would be considered a sign. On October 8, 2022 two metal flags were installed over the shield signs. (Attachment 4 Photo) On November 8, 2022 ARB tabled an application from Mr. Hill for two additional shield signs with a flag decal. ARB confirmed the city’s definition of a flag and tabled the application as they could not rule on a sign that would put them over the square footage allowed for the property. (Attachment 5: 11-8-22 - ARB Minutes - EXECUTED) On November 31, 2022 a Notice of Violation was sent to Mr. Hill and Mr. Lashok stating that the two shield flag signs displayed at Highway Pizza were in excess of the allowable signage area allowed. Staff determined that a decal on metal is not considered a flag, does not meet the city ordinance, and would be considered a sign. (Attachment 6: 11-31-22 NOV) Section 21-748 a(2) e: Flags. One flag is permitted on an individual lot; in addition, one United States flag and one Commonwealth of Virginia flag may also be displayed. Flags may be building mounted or displayed from a flagpole. Flags or flagpoles mounted on the roof of a building shall be prohibited. The height of a flagpole shall not exceed 25 feet. The maximum size of a flag shall not exceed 40 square feet. Flags that are not visible from public rights-of-way shall be exempt from regulation. Flags attached to automobiles displayed for sale shall be prohibited. All flags shall be maintained in good condition so as to present a neat and orderly appearance, and must be displayed in a dignified and non-commercial manner. The zoning administrator may give written notice to remove or replace, within 48 hours, any flag which becomes faded or tattered, and failure to comply will be considered a violation of this chapter. The Oxford Dictionary defines flag as: 1. a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution or as a decoration during public festivities. Page 6 of 30 BZA#23-001 February 1, 2023 Page 3 The issue before the BZA is whether or not the Zoning Administrator has correctly determined that the proposed decal on metal constitutes a sign and does not meet the definition of a flag. Heather I. Markle Zoning Administrator Page 7 of 30  MINUTES City of Williamsburg Architectural Review Board April 26, 2022 A meeting of the Architectural Review Board was held on April 26, 2022, at 6:30 p.m. in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER Chair Spence called the meeting to order. ROLL CALL The following members were present: Chair Scott Spence, Vice-Chair Kenneth Gross, Mark Kostro, Marcia Liebel, Michael Stevens, Christopher McDaid, and Robert Yuill Staff Attending: Principal Planner Erin Burke and Clerk Heather Moore OPEN FORUM Chair Spence opened the Open Forum; no one was present to speak; the Open Forum was closed. CONSENT AGENDA ITEMS Chair Spence explained the consent agenda procedure to the audience, stating that if an application fully complies with the Design Review Guidelines, it is placed on the consent agenda. If no member of the Board has any questions regarding the application and concurs that it is in full compliance with the Guidelines, the audience will be asked if they are present to discuss any case on the Consent Agenda. If no one in the audience is present to discuss any item on the Consent Agenda, those applications are approved as submitted. The applicants will be dismissed without further discussion. Mr. McDaid pulled sign application S—22-O14. Mr. Stevens pulled application A-22-031. ARB#22—032 RME Holdings LLC/501 Page Street Exterior Change — Replace Back Deck — — Approved ARB#22-036 Wyndham Plantation/445 Zelkova Road Accessory Structure — Fence — — Approved Moved by Gross, seconded by Liebel, to approve Consent Agenda. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None Page 8 of 30 SlGN#22-014 Highway Pizza/3044Richmond Road — Building Approved — Mr. McDaid stated he had two concerns: one) why is this an after-the—fact application when the original signage came before the Board, and two) the application states one sign when there are three currently in place. Jason Hill, Fine Signs, stated that they are allowed 40 square feet of signage, and they only used 35, so he wanted to utilize the remaining 5 square feet. He noted that the additional signage would be covered with shrubs based on the site plan, so he did not think it needed further approval. Ms. Liebel stated that Mr. Hill has come before the Board frequently and would appreciate proceeding kept in the correct order. Mr. Hillapologized forjumping the gun and feels that signage in the City is not a level playing field. It was also noted that 2 of the shields will be replaced with American flag signage. Moved by Liebel, seconded by McDaid, to approve S-22-014 conditioned that square footage and flags are supported by Staff. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None ARB#22-031 Auto Haus/212 Second Street — Accessory Structure — Fence — Approved Mr. Steven pulled the application, stating that he is not confident that fencing and vehicles are the look that the City wants on that corridor. He understands the concern of the business but feels that all the different types and heights of the fencing will not look appealing and that there might be a more finesse way of handling it. Mr. Gross stated that he agrees with the concerns, yet the fencing is allowed per the Guidelines. Ms. Liebel stated that she agrees with Mr. Grosses‘ assessment, and the prosed changes meet the Guidelines. She noted that this issue might want to be addressed in future Guidelines. The other members agreed, and Mr. McDaid questioned if alternatives are available. Ms. Burke noted that the applicant is not present, and the application can be tabled. Moved by Stevens, seconded by McDaid, to deny the application as presented. Ayes: Liebel, Stevens, and McDaid Nays: Gross, Kostro, and Yuill Abstain: Spence Moved by Kostro, seconded by Yuill, to approve the application as presented. Ayes: Gross, Kostro, Liebel, and Yuill Architectural Review Board April 26, 2022 Page 2 of 6 Page 9 of 30  Nays: Stevens and McDaid Abstain: Spence REGULAR AGENDA ITEMS SIGNS SlGN#22-010 Clarion/3032 Richmond Road — Monument — Approved Christa Pickrell, Cardinal Sign Corporation, was present and stated that the company had changed corporate colors and was updating signage. The Board reviewed the changes and confirmed with Staff that federal trademarks had been updated. Moved by Spence, seconded by Stevens, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None SlGN#22-011 7 Mares/1338 Richmond Road — Monument - Tabled Jason Hill, Fine Signs, was presented for James River Signs. The Board noted the sign was busy and unclear. Mr. Hilloffered the remove the wave, change the graphic to 1/2 size, and alter the letters to be centered and more prominent. Ms. Liebel stated that she would like to see the changes. Mr. Gross confirmed that this was not a Fine Signs design and noted that he likes the waves and not the graphic. He agreed that the application should be tabled so that the Board could see the changes proposed. He stated that the red made the signage too cluttered. Chair Spence and Mr. Kostro agreed with their comments. Mr. Hill noted the time constraints and suggested other changes to simplify the sign. The Board inquired about the opening time frame yet stated they could not approve without seeing the finalized signage. Moved by Liebel, seconded by Gross, to table Sign #22-011 for design changes until the May 10, 2022 meeting. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None SlGN#22-012 Baymont by Wyndham/505York Street — Monument — Approved Keith Wagner, Talley Sign Company, was presented and stated that the company is rebranding and updating its signage. He noted the changes would be color corrections and updating the base. Staff confirmed that there was a recent trademark update. Architectural Review Board April 26, 2022 Page 3 of 6 Page 10 of 30 Moved by Spence, seconded by Kostro, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None SlGN#22-013 Cookie Chris/1408 Richmond Road — Building & Monument - Approved Jason Hill, Fine Signs, was present and noted his concern with the building signage color. He stated that the client wants their trademark on the building. The Board confirmed that the freestanding sign would be uniform in color with the existing one. Staff confirmed the trademark logo. Moved by Liebel, seconded by Yuill, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None ARCHITECTURAL PRESERVATION DISTRICT ARB#22-033 Wells/106 Newport Avenue Exterior Changes — — New Light Fixture, New Windows, New Brick Foundation Approved — John and Mary Wells, homeowners, were present and clarified that two windows would be fixed and one is requesting a replacement. Mr. Gross noted his appreciation for the thoroughness of the application and indicated that the window to be replaced does not seem to match the design. Ms. Liebel agreed. Mr. and Mrs. Wells stated that it was the least intrusive design that they could find. Chair Spence inquired if the wood frame would remain. Mr. Wells noted that it would be on the outside. The inside would be water-resistant. Mr. McDaid voiced his approval stating that effort had been made to be sympathetic to the building. Moved by Gross, seconded by Spence, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None ARB#22-034 CWF/540 East Francis Street — Accessory Structure — Bench — Approved Neil Ellwein, Colonial Vl/il/iamsburg, presented the application for the proposed bench giving the Historic River Chapter of Master Naturalists backstory, mission, and cause. The Board noted that it was a lovely idea and a great cause. Mr. McDaid noted his personal experience with another chapter and stated that it is a high—qualityproduct. Moved by Spence, seconded by Yuill, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Architectural Review Board April 26, 2022 Page 4 of 6 Page 11 of 30  Nays: None ARB#22-035 CWF/\Ni|liamsburg Inn/300 East Francis Street — Exterior Change — Window Replacement - Approved Neil Ellwein, Colonial Vl/illiamsburg, was present to address the Board. He stated that the windows had deteriorated to a point where they are no longer able to maintain and preserve them. He noted the design, wood type, and who would be making the replacements. Ms. Liebel confirmed that the replacements would also be triple hung and inquired if the doors will also be replaced. Mr. Ellwein confirmed that they would. Mr. Yuill inquired if this would also include the corridor; Mr. Ellwein stated that at this time, they are focusing on the Regency Room. Ms. Leibel stated that this building is a non-conforming structure and not an original building. She noted that the mildew smell is strong and would approve this application. Mr. Gross noted the amount of Bondo present and inquired about earlier repairs. Mr. Ellwein gave the Board a brief history of maintenance that had taken place. There was a short discussion of weights in the current windows. The Board discussed the wood being proposed. Staff noted that it was similar to a previously approved application last year. Moved by Liebel, seconded by McDaid, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None NEW BUSINESS Ms. Burke informed the Board of upcoming applications that had been received. The Board discussed the Guidelines and approximate approval dates. OTHER Minutes from April 12, 2022 Moved by McDaid, seconded by Yuill, to approve as presented. Ayes: Gross, Kostro, Liebel, Stevens, McDaid, and Yuill Nays: None Abstain: Spence ADJOURNMENT Chair Spence adjourned the meeting at 7:25 p.m. Architectural Review Board April 26, 2022 Page 5 of 6 Page 12 of 30 Heéther N. Moore, Clerk Architectural Review Board April 26, 2022 Page 6 of 6 Page 13 of 30  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department September 13, 2022 Certified and First Class Patriot Plaza Development LLC 800 Casa Verde Way Virginia Beach, VA 23456-6731 Highway Pizza 3044-7 Richmond Road Williamsburg, VA 23185 Re: Highway Pizza Located at 3044 Richmond Road Williamsburg Tax Map Number: 282-05-00-001 Dear Patriot Plaza Development & Highway Pizza: After receiving a complaint about illegal signs on Richmond Road, my inspections on September 8, 2022 revealed multiple signs located on the property in violation of Section 21-739 and Section 21-742(a) of the Zoning Ordinance which requires a sign permit and Architectural Review Board (ARB) approval. The ordinance states: Section 21-739: “No sign, except those qualifying for permit exceptions, shall be painted, constructed, erected, remodeled, refaced, relocated, expanded or otherwise altered until a sign permit has been obtained from the zoning administrator in accordance with the provisions of this section.” Section 21-742(a): “No sign, unless specifically exempted, shall be erected in the Architectural Preservation District (AP) or in a Corridor Protection District (CP) until the sign has been approved by the architectural review board in accordance with the provisions of Article IX, Architectural Review.” Three signs have been installed on the fence surrounding the patio without a sign permit. On April 8, 2022 I spoke to manager, John Leshok, regarding the signs on the fence and provided a copy of the Zoning Ordinance, a sign permit application and an overview of the Architectural Review Board (ARB) process required for approval. On April 26, 2022 the ARB approved an application for one of the three shield signs and noted that the two unauthorized and unpermitted sign shields needed to be removed. On Thursday, September 8, 2022, the sign contractor paid the fee for a sign permit for the one approved shield sign on the fence. You are required to remove the additional two shield signs because they were not approved by the ARB and exceed the allowable square footage. As of September 8, 2022, three shield signs remain in place on the fence. 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 14 of 30 Highway Pizza / Hammersley September 13, 2022 Page 2 You are required to abate the violation by removing the two unapproved shield fence signs within seven (7) days of your receipt of this letter. Failure to abate the violation within the seven (7) days of your receipt of this letter will result in legal action by the City for enforcement of the Zoning Ordinance. If you have any questions, please contact me at (757)220-6131. Sincerely, Heather Markle Zoning Administrator Cc: Chris Shelton, City Attorney You may have the right to appeal this letter in accordance with Section 15.2-2311 of the Code of Virginia (1950) as amended. The decision contained in this letter shall be final and unappealable if not appealed within 30 days from the date of your receipt of this notice. Applications to appeal the Zoning Administrator’s decision are in the Planning Department. Page 15 of 30  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department September 28, 2022 Certified and First Class Patriot Plaza Development LLC 800 Casa Verde Way Virginia Beach, VA 23456-6731 Highway Pizza 3044-7 Richmond Road Williamsburg, VA 23185 Re: Highway Pizza Located at 3044 Richmond Road Williamsburg Tax Map Number: 282-05-00-001 Dear Patriot Plaza Development & Highway Pizza: After receiving a complaint about illegal signs on Richmond Road, my inspection reveals two banner signs located on the property in violation of Section 21-749(a)(10) of the Zoning Ordinance which prohibits banner signs. It states “(a)The following types of signs are prohibited in all sign districts, (10) Banner signs, except for those expressly permitted in this article.” To correct the violation, the banners must be removed within one week from your receipt of this letter. Failure to abate the violation within the seven (7) days of your receipt of this letter will result in legal action by the City for enforcement of the Zoning Ordinance. I would appreciate your immediate attention to this matter. If you have any questions, please contact me at 757-220-6131. Sincerely, Heather Markle Zoning Administrator Cc: Chris Shelton, City Attorney You may have the right to appeal this letter in accordance with Section 15.2-2311 of the Code of Virginia (1950) as amended. The decision contained in this letter shall be final and unappealable if not appealed within 30 days from the date of your receipt of this notice. Applications to appeal the Zoning Administrator’s decision are in the Planning Department. 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 16 of 30 Highway Pizza / Hammersley September 28, 2022 Page 2 Page 17 of 30 10/8/2022 Page 18 of 30  MINUTES City of Williamsburg Architectural Review Board November 8, 2022 A meeting of the Architectural Review Board was held on November 8, 2022 at 6:30 p.m in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER Chair Spence called the meeting to order. ROLL CALL The following members were present: Chair Scott Spence, Vice-Chair Kenneth Gross, Mark Kostro, Member Marcia Liebel, Michael Stevens, and Christopher McDaid The following members were absent: Robert Yuill Staff Attending: Planning and Codes Compliance Director Tevya Griffin and Planning Clerk Heather Moore OPEN FORUM Chair Spence opened the Open Forum; no one was present to speak; the Open Forum was closed. CONSENT AGENDA ITEMS Chair Spence explained the consent agenda procedure to the audience, stating that if an application fully complies with the Design Review Guidelines, it is placed on the consent agenda. If no member of the Board has any questions regarding the application and concurs that it is in full compliance with the Guidelines, the audience will be asked if they are present to discuss any case on the Consent Agenda. Those applications are approved as submitted if no one in the audience is present to discuss any item on the Consent Agenda. The applicants will be dismissed without further discussion. ARB#22-095 Mahoney/512 South England Street — Exterior Change — Generator Screening - Approved ARB#22-099 Feder/3 Bayberry Lane Exterior Change — — Garage Approved - Moved by Liebel, seconded by Stevens, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill Page 19 of 30 S|GN#22-O47 High Street Shops, LLC/The Learning Experience/1430 High Street — Building - Approved Mr. Gross removed the application from the consent agenda and inquired on the number of LEDs and Lumins as he feels the sign may be too bright. Jason Hill, Fine Signs, stated that they will be the same as the back entrance that was approved previously. This sign is for a front entrance that was added. Moved by Gross, seconded by Kostro, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill REGULAR AGENDA ITEMS SIGNS SlGN#22-046 CWF/Chase Bank/202 North Henry Street — Freestanding & Building - Approved Keith Wagner, Talley Signs, was present to answer questions for the Board. He stated that the colors provided are obsolete and stated that after reading Staff Recommendations they are using Dark Nickel, White and Transparent Blue. Mr. Wagner provided the trademark registration papenNork. Ms. Liebel questioned the blue, listed on the trademark, noting that it is unusually broad. Mr. Gross stated that it should be the same as other Chase Banks and wondered if it is trademarked can it be questioned. Mr. Kostro agreed that if it is trademarked it will be consistent with other location signage and can not be questioned. Moved by Gross, seconded by Kostro, to approve as trademarked logo. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill SIGN#22-048 First Baptist Church/727 Scotland Street — Freestanding — Approved with Conditions Jason Hill, Fine Signs, and Connie Matthew Harshaw, First Baptist Representative, presented the application to the Board. Ms. Liebel stated that imagery is strictly forbidden by the Guidelines and specific colors must be named for a complete application. She stated that there is a problem when there is no color defined. Ms. Liebel stated that to approve a sign with infinite colors will set precedent that any color can be used. She stated that it is the applicants responsibility to find and note Architectural Review Board November 8, 2022 Page 20 of 30  approved colors. Ms. Liebel instructed Mr. Hill on what a completed packet should include. Mr. Hill presented an altered sign removing the image. After some discussion the sign will be Avery Pantone 155c fading into Orange 900-360-T. Mr. Gross inquired if illumination was currently present. Ms. Harshaw stated that there is, though it is very dim and will need to be replaced to reduce vandalism. It was confirmed that the sign was refreshed with a new coat of paint matching existing. Mr. Gross inquired how often the sign will be changed. Ms. Harshaw noted her desire to change the background with the seasons. The Board had a short discussion and it was decided that the background will stay the same throughout the year. The text may change on it and seasonal decorations can be placed as needed. Moved by Gross, seconded by McDaid, to approve with no image and using colors Pantone 155c fading into Orange 900-360-T. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill S|GN#22-049 Patriot Plaza Development, LLC/Highway Pizza/3044-1 Richmond Road — Shields — Tabled Jason Hill, Fine Signs, was present. Chari Spence stated that the Board approved one shield. The other two shields have not been taken down and violations have been given. Director Griffin confirmed that the applicant is seeking approval for two additional signs, which would put them over the square footage allowed at this property. Mr. Hill stated that what is being proposed are not signs but flags. Mr. Stevens confirmed the city's definition of a flag.Ms. Liebel stated that the shields were not taken down as required. Mr. Hill approached Ms. Liebel. Director Griffin stated that the Zoning Ordinance gives the definition of a sign and the Zoning Administrator has the authority to send notice of violation. Highway Pizza had 30 days to appeal that decision and did not do so. She stated that the ARB only has the authority to approve of design. Mr. Stevens stated that this issue sits with the Zoning Administrator. Moved by Spence, seconded by Liebel, to table application until approved by Zoning. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill Architectural Review Board November 8, 2022 Page 21 of 30 S|GN#22-050 BBL Current Owner/Mezeh — 201-4123 Monticello Avenue — Window Signage - Tabled There was no representative present. Director Griffin stated that this is an after—the-factapplication and the Board should discuss if something like this allowable. Chair Spence stated that it is pictorial, no colors are given, does not follow the Guidelines. Chair Spence made a motion to deny; Marcie Liebel seconded. Mr. Gross stated that a picture has infinite number of colors and questioned if pictures are to be included and encouraged. Ms. Liebel stated that this signage is way too busy. Chair Spence answered Mr. Gross noting that the Guidelines state that signage he is referring to is to be on a post or two posts. Mr. McDaid stated that if this is not in accordance with the Zoning Ordinance it should not be approved. A brief conversation followed on colors. It was noted that this example is too far out of what the Board is trying to allow in the Midtown district. Chair Spence and Ms. Liebel withdrew previous motion. Moved by Spence, seconded by McDaid, to table application until representative can be present. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill SlGN#22-051 State Farm — 120-200 Monticello Avenue — Freestanding and Building - Approved Paul Martin, Scotty Signs, was present to address the Board. He noted the staff questioned the pantone color red. He stated that the red is a trademarked color of State Farm. Mr. Martin provided a sample of Cardinal Red (approved) to compare to the proposed State Farm trademarked red. The Board noted that it is very similar while it is also trademarked. Moved by Liebel, seconded by Stevens, to approve as presented, trademark logo. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill ARCHITECTURAL PRESERVATION DISTRICT ARB#22-042 Zoom Zoom, LLC/109 Washington Street — Accessory Building — Wash Shed Tabled — Architectural Review Board November 8, 2022 Page 22 of 30 There was no applicant present and the application was tabled. It was noted that vinyl is not allowed but that the shed should match the main structure. Chair Spence also noted that vinyl windows are not allowed and would like to verify the proposed windows are acceptable. Mr. Kostro noted that there needs to be clearer documentation on the quality of the proposed windows. Ms. Liebel stated that she would like to see sample and a spec sheet for the proposed windows. Moved by Liebel, seconded by Kostro, to table pending site visit. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill ARB#22-080 Estes/602 College Terrace — Exterior Change — Windows — Tabled Ted Polk, TSP Construction, presented his application to the Board. He provided a letter noting the bulk testing that was completed on the windows which stated that they can say with certainty that all windows include asbestos. Ms. Liebel stated that the EPA has guidelines on how to restore windows in a way that is healthy. She warned that this will set precedence on future window preservation. It was noted that asbestos does not make the window unrestorable. Mr. McDaid confirmed that the Secretary of the Interior probably has guidelines on how to restore caulking on historic windows. Mr. Gross stated that he would like a professional restorer to pass judgement on restoring the windows. Ms. Liebel inquired if storms had been present on the windows. Mr. Polk stated that there were. Chair Spence reviewed the design elements presented. The Board discussed the shingles, front porch designs and gutter coloring. Chair Spence stated that he prefers the first option as it is the most fitting. It was noted that because this property is located on a corner lot, more intention needs to be put into the deck design. The Guidelines stated that it needs to be stone or brick terraces. Mr. Gross stated that a raised deck is not appropriate for the building. It was noted that projects at grade would not need to come before the Board. Ms. Liebel confirmed that the bathroom window would be all wood. Mr. McDaid stated that if the windows can be safely repaired they should be and the ones that are beyond repair needs due diligence with health and safety in mind. He concluded that all other changes can be approved at this time. Moved by Spence, seconded by Gross, to approve replacement shingles as presented, painting Tyler Brick, replacing gutter and down spouts with colors presented, repait front porch with design option 1 and approve use of brick or stone patio. Table window replacement pending a site visit. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Architectural Review Board November 8, 2022 Page 23 of 30  Absent: Yuill ARB#22-094 Wells Fargo Bank/300 Bucktrout Lane — Demolition - Tabled The application was tabled because no representative was present. Moved by Spence, seconded by Liebel, to table until representative can be present. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill ARB#22-097 Kushan/305 Indian Springs Road — Exterior Change - Siding - Approved Jeff Kushan, owner, gave a brief history of way he is proposing to replace the existing aluminum siding. He stated that a few companies came out and all recommended vinyl siding with 6.5" width in a beadboard style in a wood simulated design. Mr. Kushan stated that there is no wood underneath. Mr. Gross stated that vinyl in AP-2 is allowed. Ms. Liebel agreed and confirmed that the color would match the current color. Moved by Gross, seconded by Stevens, to approve with approved color CW-700 Slate match. Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill ARB#22-098 Coal, LLC/219 North Boundary Street — Exterior Change — Windows & Ramp Tabled — Kasey Howe, representative of Coal, LLC, stated that they are fixing the non-existant foundation, there was lots of wood rot and removal of false walls. He stated that the windows are not functioning and many had been boarded up and not taken care of, but left to rot. weights have rusted and nothing turns, he would like to replace them with wood replicas. There was a short discussion on low E glazed glass and requirements. The Board stated that they would like to table the application until they can view the windows proposed to be altered. Ms. Liebel stated she would like to see a sample window if available. Mr. Howe agreed with the site visit and warned the Board that there are not floors on the first floor it is a construction area. - The Board had no further comments regarding the proposed ramp. Moved by Spence, seconded by Liebel, to approve brick and iron rails for ramp; table windows pending site visit with window sample available. Architectural Review Board November 8, 2022 Page 24 of 30  Ayes: Spence, Gross, Kostro, Liebel, Stevens, and McDaid Nayes: None Absent: Yuill CORRIDOR PROTECTION DISTRICT ARB#22-096 James Town Rd, LLC/1022 Jamestown Road — Exterior Change — Front door Approved — Andrew Hershoff, owner, apologized for the after—the-factdoor change. He stated that it is solid mahogany, 8 ft tall with beveled glass. Mr. Gross stated that it is a good looking design. Mr. Kostro stated that the door expansion to accomodate the new design can not be undone and is inclined to approve. Mrs. Liebel understands Mr. Kostro but stated this is not keeping with the original intent. Mr. Kostro agreed stating that it is not historically accurate. Chair Spence stated that on its own it looks great and has great craftmanship but it would not have been approved in the original review. Mr. McDaid stated that he would not have had a problem with the change in the original review. Moved by Gross, seconded by McDaid, to approve as presented. Ayes: Gross, Kostro, Stevens, and McDaid Nayes: Spence and Liebel Absent: Yuill ARB#22-100 Fulton Bank/Uptown Alley/2200 Richmond Rd — Exterior Change — New Design Tabled without discussion — At the request of the applicant the application was tabled without discussion. CONCEPTUAL REVIEW ARB#22-101 Shree Arihant of Williamsburg/Baymont/505 York Street — Exterior Change New Design — John Harrison, Hopke & Associates, gave a brief history of the building and what is driving the change. He noted the decomposition of current materials and stated that the owners would like a contemporary feel. Mr. Harrison stated that some of the proposed materials are not on the current approved list and would like the Boards feedback. He stated that some of them have been chosen because of the decline of current material and what will be needed to correct the issues. The Board noted it had a Midtown feel to it and Midtown was a special project with its own designations. Chair Spence noted that the location is very close to the historic area and an entrance to it. Architectural Review Board November 8, 2022 Page 25 of 30 The Board had a discussion on materials and the wood composite proposed for the wood features. It was noted that this is a new product that has not been proposed before and the Board would like more information before approval or denial. Chair Spence stated that while the materials are not allowed the look is an improvement. Ms. Liebel confirmed that the current indoor pool would become an outdoor pool. Mr. Harrison stated that the additional windows are for the required egress if approved for conversion. There was a short discussion on the front design wall feature. Ms. Liebel stated that she would like to see samples of the products proposed. Mr. Gross stated that it seems like good modernization of the building and overall a great concept; it does remind him of the prison down the street. He inquired if there was a was to incorporate a design feature. NEW BUSINESS Director Griffin gave an update on the Uptown Alley application. There was a Guidelines update noting the editorial and grammatical edits. OTHER Minutes from October 25, 2022 Moved by Liebel, seconded by Stevens, to approve as presented. Ayes: Spence, Gross, Kostro, Liebel, and Stevens Nayes: None Abstain: McDaid Absent: Yuill ADJOURNMENT Chair Spence adjourned the meeting at 9:00 p.m. Heather N. oore Home Architectural Review Board November 8, 2022 Page 26 of 30  ..‘ <90 ‘i- CITY OF WILLIAMSBURG ' . and Codes Compliance Department :3 Planning A. N4 \« November 31, 2022 Certified and First Class Jason Hill Fine Signs & Graphics 5691 Mooretown Road Williamsburg, VA 23188 Patriot Plaza Development LLC 800 Casa Verde Way Virginia Beach, VA 23456-6731 Highway Pizza 3044-7 Richmond Road Williamsburg, VA 23185 Re: Highway Pizza Located at 3044 Richmond Road Williamsburg Tax Map Number: 282-05-00-001 Dear Mr. Hill, Patriot Plaza Development & Highway Pizza: The purpose of this letter is to provide clarity regarding the definition of flags in the city and serve as notice of violation for two distinct signs. Sec. 21-748. - Signs permitted in all sign districts. Flags are defined in the ordinance as: Flags. One flag is permitted on an individual lot; in addition, one United States flag and one Commonwealth of Virginia flag may also be displayed. Flags may be building mounted or displayed from a flagpole. Flags or flagpoles mounted on the roof of a building shall be prohibited. The height of a flagpole shall not exceed 25 feet. The maximum size of a flag shall not exceed 40 square feet. Flags that are not visible from public rights-of—wayshall be exempt from regulation. Flags attached to automobiles displayed for sale shall be prohibited. All flags shall be maintained in good condition so as to present a neat and orderly appearance, and must be displayed in a digni?ed and non-commercial manner. The zoning administrator may give written notice to remove or replace, within 48 hours, any flag which becomes faded or tattered, and failure to comply will be considered a violation of this chapter. At an October 15, 2022 meeting held in the Planning Office with yourself, the owner of Highway Pizza, the City Attorney, and I, we discussed metal flags. Specifically, you 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@wi1liamsburgva.gov Page 27 of 30 1_...___.;« Highway Pizza / Jason Hill November 21, 2022 Page 2 were informed that a decal on metal is not considered a flag, does not meet the city ordinance, and would be considered a sign. Since, the property has met the required square footage allowed for signs on the property any additional signage would be in violation of the ordinance. Therefore, these signs are not allowed. This letter serves as a violation notice of the placement of such signs. At their meeting on November 8, 2022, the Architectural Review Board (ARB) tabled your application for two shield signs with images of a flag to be located on the fence of Highway Pizza (different from the signs mentioned in the above paragraph). This application was tabled because the Board wanted to ensure any zoning issues were resolved before they opined on the sign design. The two signs with images of a flag are in excess of the allowable signage area permitted in the zoning ordinance. Therefore, these signs are also not allowed and cannot be placed on the fence. This letter serves as a violation notice of the placement of such signs. If you have any questions, please contact me at 757-220-6131. Sincerely, Heather Markle Zoning Administrator Cc: Chris Shelton, City Attorney You may have the right to appeal this letter in accordance with Section 15.2-2311 of the Code of Virginia (1950) as amended. The decision contained in this letter shall be final and unappealable if not appealed within 30 days from the date of your receipt of this notice. Applications to appeal the Zoning Administrator’s decision are in the Planning Department. Page 28 of 30  MINUTES City of Williamsburg Board of Zoning Appeals July 5, 2022 A meeting of the Board of Zoning Appeals was held on July 5, 2022 at 4:00 p.m. in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER Chair Jallo called the meeting 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 A. MATTER OF SPECIAL PRIVILEGE Approval of Electronic Participation of Allen Murphy & Melinda Morgan Moved by Forcucci, seconded by Lane, to allow the electronic participation of Allen Murphy and Melinda Morgan Carried 3-0-0 by a roll call vote: Ayes: Jallo, Lane, and Forcucci Nays: None 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#22-003: Colonial Williamsburg Foundation - Special Exception Request – Historic Bray School Site - 345 W. Francis Street -- Approved Zoning Administrator Heather Markle presented the application before the Board stating that the request is to relocate the historic Bray School to 345 W. Francis Street. She gave a brief history of the buildings location and note the applicants statement that by moving the school from its current location Colonial Williamsburg Foundation will be to accurately restore the structure and provide public access and education. Ms. Markle stated that staff recommends approval. Page 29 of 30  The Board had no questions for Staff. Chair Jallo inquired how Colonial Williamsburg will be able to move the school when the property it is on is not owned by them. Matt Webster, Colonial Williamsburg, stated that William & Mary and Colonial Williamsburg have partnered, and William & Mary sold Colonial Williamsburg the building but not the land. Mr. Lane inquired on the suggested wording for the motion and a short discussion followed. Moved by Forcucci, seconded by Lane, to approve special exception request BZA#22-003 based on the criteria contained in Section 21-97(f) of the Zoning Ordinance and the analysis provided. Carried 5-0-0 by a roll call vote: Ayes: Jallo, Morgan, Lane, Murphy, and Forcucci Nays: None NEW BUSINESS Meeting Minutes - April 5, 2022 Mr. Murphy noted a spelling error. Moved by Jallo, seconded by Forcucci, to approve the minutes as amended. Carried 5-0-0 by a roll call vote: Ayes: Jallo, Morgan, Lane, Murphy, and Forcucci Nays: None ADJOURNMENT Chair Jallo adjourned the meeting at 4:09 p.m. Michael Jallo, Chair -- Board of Zoning Appeals Board of Zoning Appeals July 5, 2022 Page 2 of 2 Page 30 of 30