Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, May 2, 2023 A meeting of the Board of Zoning Appeals will be held Tuesday, May 2, 2023 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 p.m. Page CALL TO ORDER ROLL CALL A. Approval of Electronic Participation of Allen Murphy OPEN FORUM PUBLIC HEARINGS A. BZA#23-003: Request of Timothy David Denby for a special exception 2-9 from Section 21-896 of the Zoning Ordinance to enlarge an existing nonconforming dwelling the same distance from the side property line as the existing dwelling. The applicant proposes a side yard for the addition of 5 feet from the adjacent property instead of the required 10 feet. The property is located at 226 Virginia Ave, Williamsburg Tax Map Number 435-02-00-017, and is zoned, Single Family Dwelling District RS-2. UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes - April 4, 2023 10 - 15 ADJOURNMENT  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Dep artment TO: Board of Zoning Appeals DATE: April 27, 2023 SUBJECT: BZA#23-003: Timothy David Denby 226 Virginia Ave. - Special Exception This is a request of Request of Timothy David Denby for a special exception from Section 21-896 of the Zoning Ordinance to enlarge an existing nonconforming dwelling the same distance from the side property line as the existing dwelling. The applicant proposes a side yard for the addition of 5 feet from the adjacent property instead of the required 10 feet. The property is located at 226 Virginia Ave, Williamsburg Tax Map Number 435-02-00-017, and is zoned, Single Family Dwelling District RS-2. Section 21-167(2) side yard states the following: a. Single-family detached dwellings: There shall be a side yard of not less than ten feet. Section 21-896 of the Zoning Ordinance provides for some relief to existing buildings by including a special exception for their enlargement if the Board of Zoning Appeals grants approval. Section 21-896 of the Zoning Ordinance states: "The Board of Zoning Appeals may 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. The yards provided for the addition shall not be less than the adjacent nonconforming yards." The applicant states the following in their application: • The applicant is renovating the home and is proposing an addition to the side and rear of the existing non-conforming dwelling. • The applicant has recently removed an attached garage that encroached fully into the adjacent parcel. At this time, the adjacent property is also owned by the applicant. • The proposed addition will not encroach any further into the required side yard than the existing footprint of the dwelling. In reaching a decision on the authorization of a special exception, the Board of Zoning appeals shall consider, where applicable, the following: (a) Stated intent of the zoning district in which the property is located: 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 2 of 15 BZA#23-003 Page 2 This area is zoned Single-Family Dwelling District RS-2. The statement of intent for this district is as follows: "This district is established as a single-family residential area with a 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 day care centers, may be allowed with the issuance of special permits”. (b) Uses in the area immediately surrounding the property in question; All adjacent lots are zoned Single-Family Dwelling District RS-2. (c) Amount of traffic to be generated; N/A (d) Number of people to be employed; and N/A (e) Hardship that would result from the denial of the special exception. 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: (a) It is designated, constructed, and operated to adequately safeguard the health, safety and welfare of the occupants of the adjoining and surrounding property; (b) It does not unreasonably impair an adequate supply of light and air to adjacent property; (c) It does not increase public danger from fire or otherwise unreasonably restrict public safety; (d) It does not impair the established property values in surrounding areas. The Board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted as it deems necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will be continued to be complied with. ANALYSIS The West Williamsburg Heights subdivision was recorded in 1925 with a majority of the lots having 50-foot lot widths. These properties are now zoned Single- Family Dwelling District RS-2. In the RS-2 District, the minimum lot width is 80 feet and the required side yard setback is 10 feet. The lot width at 226 Virginia Ave is 50 feet and the dwelling is located 5 feet from the side property line. The property is currently non-conforming for the RS-2 District. The applicant notes the proposed addition to the dwelling will be located no closer than the current dwelling to the side property line. Page 3 of 15 BZA#23-003 Page 3 STAFF RECOMMENDATION Staff recommends any approval of the special exception request for BZA#23-003 be conditioned upon the proposed addition not encroaching any closer to the property line than the existing dwelling as shown on the enclosed Plot Plan prepared by Matthew Burton Architect LLC dated March 9, 2023. Heather I Markle Zoning Administrator Page 4 of 15  BOARD OF ZONING APPEALS ?73"’C70b BZA#Z’ WILLIAMSBURG PLANNING DEPARTMENT DATE % I ‘ 401 LAFAYETTE STREET - - - _ -. .1 WILLIAMSBURG, VIRGINIA 23185-3617 (757) 220-6130 FAX (757) 220-6130 OWNER(S): Timothy David Denby ADDRESS: 1404 Braemar Creek, Williamsburg, VA 23188 PHONE/FAX NUMBER/E- MA|L; (954) 559-9971 APPLICANT/REPRESENTATIVE: Benming Zhang’ Esq ADDRESS: 4801 Courthouse Street, Suite 300, Williamsburg, Virginia 23188 PHONE/FAX NUMBERS/E—MAIL2 (757) 259-3822 / (888) 360-9092 / bzhang@kaufcan.com LOCATION OF THE REQUEST: 226 Virginia Avenue 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 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. [x ] A SPECIAL EXCEPTION FOR Section 21-896 (enlargement of non-conforming building) 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 othen/vise unreasonably restrict public safety. Page 5 of 15  4. It does not impair the established property values in surrounding areas. Initials BZA # 2 —Q?>’Q:)€>' I/\Ne,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. 39%;“0 2 4 Signatu of Owner( T .3:y .. II“II320IZOZIQ A E 3 5 g?sf otary My Commission Expires 4 '-.&’0r._,/"8 .' O$ ’?0(", 3,/13"’-....., FOR OFFICE use ONLY 'o.,;7,zr;,o; TAX MAP NUMBER: 29 I‘-I~ 9”)I 0<5I ' ZONING: 03'} DATE OF PUBLIC HEARING: (SEE ATTACHED SHEET FOR PERSO III9S (1% 51 Q0) N TIFI D) % NOTICES MAILED: DECISION: THE DECISION OF THE BOARD OF ZONING APPEALS MAY BE 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 6 of 15  Kaufman&Cano|es,P.C. Street attorneys at law (3385'"h°”5e Williamsburg, VA 23188 Mailing Address Post Office Box 6000 Williamsburg, VA 23188 T (757) 259.3800 Benming Z0309 F (888) 360.9092 (757) 259.3822 bzhang@kaufcan.com kaufCAN.com March 13, 2023 VIA HAND DELIVERY Heather Markle, Zoning Administrator City of Williamsburg, Virginia Municipal Building 401 Lafayette Street Williamsburg, Virginia 23185-3617 Re: My Client: Timothy Denby Request for Special Exception 226 Virginia Avenue Tax Map No. 435-02-00-017 Dear Heather: On behalf of my client, Timothy Denby, I write to request that the City grant a special exception for the above-referenced property on Virginia Avenue within the City limits. The parcel is located in the Williamsburg West neighborhood and is zoned Single-Family Dwelling RS-2. My client purchased 226 Virginia Avenue together with the adjacent parcel (228 Virginia Avenue) on or around February 1, 2017 (Deed Instrument No. 170351), and he is looking fon/vard to settling in the residence as a long-term City resident once renovations are completed. He desires to improve the existing single-family dwelling on the property by requesting a special exception to extend the side yard by 5 feet to accommodate his proposed side and rear 1~1/2 story addition along with an expanded front porch to the existing residence. Analysis The City should grant a special exception for the proposed side yard setback requirements for an existing nonconforming lot because it meets the requirements under Section 21-896 of the City Code. At the time of purchase, the residence at 226 Virginia Avenue was already an existing legally nonconforming dwelling. The existing dwelling is located 28.5 feet from the front property line instead of the current 35- foot front yard setback requirement, and a portion of the existing dwelling is located approximately 5 feet from the side property line instead of the current 10-foot side yard setback requirement. in addition, the residence at one point had an existing garage which encroached into the adjacent parcel. According to the Zoning Ordinance, 10-foot side yard setbacks are required for the Single-Family Dwelling RS-2 zoning district. See City Code § 21-167(2). My client recently tore down the nonconforming garage which cured the encroachment to the adjacent parcel at 228 Virginia Avenue. Active\092984\0l83548\21293967.v2-3/10/23 Page 7 of 15 Heather Markle March 13, 2023 Page 2 The special exception request meets the requirements under Section 21-896 because the dwelling at 226 Virginia Avenue remains legally nonconforming as of the date of this request. Furthermore, the proposed 5-foot request provided for the addition is not less than the adjacent nonconforming yards. My c|ient’s request is to simply extend the foundation of the home outward and front porch to meet the current side building line. No further encroachment will occur. Conclusion In an effort to provide more space inside the residence and improve the aesthetics of the residence’s exterior, we respectfully ask that the City grant a special exception for the side yard pursuant to Section 21-896 of the City Code. We enclose a completed application and a $300.00 check to comply with the fees associated with a special exception request. Thank you for your kind consideration of this matter; please let me know if I may provide further information in connection with this request. Very truly yours, go?es“ Benming Zhang BZ: Encl Active\092984\O183548\2 l293967.v2-3/10/23 Page 8 of 15  N 54° 55' 00'' E - 50.00‘ 6 6 II) In _ 25' REAR YARD 551. (3 M CI 94 8 43 0' \ 5 §[- 9 ‘IS’ E 6 - «T1 u_. 9 I9 ‘o 0 +; in L. : 54'-4'' 0 M o 8 3 § m m ‘g :0 MIN. 5'—O" 3- I u_ - 3 N / PROPOSED ADDITION z +' ENGROAGHE5 INTO 5IDE YARD AI=I=RO><IMATEI_Y 5 I=EET. Q 9 ‘§» AI_IGN «J I % 5 5—feetrequest . L Q pursuant to CIty 2 F O m _ Code Sec. 21-896. 8 g I EX|5T|N6 6 § =0 RE5IDENGE 6‘ L 3 ' 225 VIRGINIA AVE. /MIN 5 '—O " Q JI ' Q. .vv / < o rv vvvvvyy lg «'3 255' FRONT YARD I55I_ 2 ‘. (AVERAGE OF THE 5I_OGI<) << Gj 30. ORIGINAL. 5TOOI= k I=ROI=O5ED 5'-5" GOVERED g I=ROI=O5ED 5/22’ EORGH 59 WALK AND STEPS D E‘ N 54° 55' OO" E - 5O.OO' 6 8 S. PROPOSED 3' HIGH FENCE AND GATE J E><I5TING OURE AND GUTTER 9 0' \ E><'5T'N6 '. VIRGINIA AVE. DRIVEWAY GUT 5 lT E F LA N sous: I"=2o'-o" NORTH T|M0T__HY 17 DEN_5Y P”: SHEET NO MATTHEW G BURTON ARCHITECT LLC - 2.12 109 NAT TURNER BOULEVARD NEWPORT NEWS, VA 23606 DATEZ (757) 644-4462 — www.matthewgburton.com G) 2010-2021MATTHEW G BURTONARCHITECT LLC.TERMSOFUSEAT MATTHEWGBURTONSOM 3/51/2023 4:55:55 AM Page 9 of 15  MINUTES City of Williamsburg Board of Zoning Appeals April 4, 2023 A meeting of the Board of Zoning Appeals was held on April 4, 2023, at 4:00 p.m. in the Stryker Center, 412 N. Boundary Street. CALL TO ORDER Chair Morgan called the meeting to order. ROLL CALL The following members were present: Chair Melinda Morgan, Vice-Chair Michael Jallo, Board Member Robert Lane, Allen Murphy, and Lori Forcucci Staff Attending: Zoning Administrator Heather Markle and Planning Clerk Heather Moore Chair Morgan reviewed the processes of the agenda and meeting order. OPEN FORUM Chair Morgan 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 A. BZA#23-002: Heber/326 Burns - Request of Menachem & Esther Heber for a special exception per Section 21-605 of the Zoning Ordinance to allow the rental of two bedrooms in an owner-occupied single-family detached dwelling to four roomers. The property is located at 326 Burns Lane, Williamsburg Tax Map Number 524-07-00-003 and is zoned Single Family Residential District RS-1. Zoning Administrator Heather Markle reviewed the case for the Board's review. She read the Staff Recommendations for the Board and the analysis that follows: The previous owners of the property designed the home in 1980 with the intention of renting out bedrooms to roomers. The rooms on the lower level were rented to multiple roomers prior to the adoption of Sec.21-605 in 1991. The City has no record of any complaints about noise, parking or additional traffic created by the roomers at this property during the previous rental timeframe. Page 10 of 15 Staff has received complaints regarding alleged violations to the Zoning Ordinance for holding worship services at this property. Staff has not yet determined if that is correct. Staff is working to determine if a Special Use Permit is necessary. Staff recommends that any approval by the BZA of a special exception request for BZA#23-002 be contingent upon the following: 1. The permit is not transferable and will expire if ownership of the property changes. 2. Repeated, founded complaints of excessive noise, litter, or other violations of Chapter 12, the Virginia Uniform Statewide Building Code, or the Virginia Statewide Fire Prevention Code, as such are amended from time to time, or other behaviors at the dwelling constituting a nuisance under the City Code and Code of Virginia as amended from time to time, shall be cause for the revocation of the special exception. Complaints shall be deemed to be founded when after an investigation by the police, fire marshal, building inspector, zoning administrator, or other appropriate member of city staff, said member of staff determines that it is more probable than not that the violation has occurred. Ms. Markle noted that the special use permit concern is a separate case not being reviewed today. Ms. Forcucci inquired if renters have been continuous and when was the last time it was rented? Ms. Markle stated that records show the previous owner provided the last rental almost a decade ago. The Board had no further questions for Staff. Menachem Heber, homeowner, stated that his neighborhood welcoming was canceled and viewed this as his welcoming and then introduced Ruth Nathansen, as his legal representative. Ms. Nathansen reviewed how the home was designed for rentals and noted the parking availability. She also stated that other homes on the street are rented to solely students. Ms. Nathansen pointed out that as a public street, there are no more vehicles than what was initially intended. She stated that the Hebers pay taxes on the entire home and property. She also noted that the size and structure are appropriate for their request. The Board had no questions for the applicant. PUBLIC HEARING Ruth Kaiser, 609 Richmond Rd, thanked the applicant for following the procedures of requesting approval. She stated that the city has many homes occupied by more than four students. Ms. Kaiser noted that she cannot give Board of Zoning Appeals April 4, 2023 Page 2 of 6 Page 11 of 15 support because the problem still exists. She feels the City needs teeth to enforce how many people live in one house. She thinks that if a home is rented to more than four students, the quality of life is negatively impacted and that this is a problem. Ms. Kaiser emphasized preserving and protecting neighborhoods and that something must be done before it is threatened. She stated that there is too much traffic, noise, and trash, and those issues must be dealt with. Nancy Bolash, 327 Burns, stated that she lives directly across the street and served on Neighborhood Balance Committee. She stated that the committee focused on promoting and enhancing Williamsburg's unique community character, and allowing boarding houses would undermine those goals. Ms. Bolash stated that the house is one of Burns' largest and most expensive. She feels that the applicant is looking for city-sanctioned approval to afford it. She stated that granting this application would incentivize people to purchase the largest homes with the most bedrooms and rent them out to afford the mortgages. Ms. Bolash listed neighborhoods that she feels this would affect. She reiterated that this would not protect or enhance the neighborhoods but increase traffic, noise, wear, and tear. Kerry Mellette, 708 Powell St, stated that they had been residents for 12 years, and they selected this neighborhood because of its proximity to the downtown area. She stated that she wants neighbors to refrain from hosting a business and feels it would chip away at the neighborhood's residential character if allowed. She stated that if the special exception is approved, it will affect our property values and open doors for additional requests. Ms. Mellette stated that the neighborhood is already challenged by some renters that do not care for the neighborhood. She stated that this differs from the comprehensive plan or the neighborhood balance committee recommendations. She stated that the zoning ordinance does not allow it for a reason and is inconsistent with the single-family neighborhood character. Ms. Mellette noted that the applicant is also holding worship services, collecting funds, and asking for this request. She urged the Board to pay attention to the well-thought-out zoning requirements and to reject the request. Marcia Liebel, 322 Burns, stated that she has lived in the neighborhood for 18 years and is the most affected as the direct neighbor. She stated that the applicant needed to meet the zoning ordinance requirements. Ms. Liebel stated that the Board must consider the intent and use of the area immediately surrounding the address and noted that there are no rooming houses in the area. She noted that the last time it was rented was before the adoption of the current ordinance. Ms. Liebel noted the additional uses the homeowners are hosting and felt they purchased the home with full knowledge that this is a quiet neighborhood on a dead-end street. She stated that traffic has increased since the property has sold, and four more cars with roomers will cause additional harm. She noted the effect this decision would have on the property values of surrounding homes. Ms. Liebel noted the requirements for this request and Board of Zoning Appeals April 4, 2023 Page 3 of 6 Page 12 of 15 stated that with the regular events hosted by the applicant, they could not meet those parking requirements. She also noted that no screening exists on the property to cover the parking. She urged the Board to reject the application. Kelly Shaw, 312 Burns Lane, stated that she has lived on Burns since 2016 and noted her opposition to granting the exception. She stated that allowing a high-density home into the neighborhood would open the door for other landlords to request exceptions. Ms. Shaw stated that the neighborhood has fought to restore Burns to a single-family neighborhood. Chris Garris, 325 Burns Lane, noted that he submitted a written statement and will provide additional commentary. Mr. Garris provided his history with the neighborhood. He stated beautiful and historic neighborhoods bring vibrancy to the area. He noted that there is a continuous balance that needs to be addressed. Mr. Garris stated that they do not have HOA and depend on the City and the BZA to have predictable, transparent protection for our neighborhood. He is concerned that approval for this request will further create an imbalance. He noted that owners are allowed by right to rent to one renter, and to make an exception to that, the applicant must have a really good reason. He inquired what precedent this would set. Mr. Garris stated that owning a home is a long-term investment, and the owners count on a steady, predictable environment. He acknowledged the considerable time the neighbors and staff have spent looking at this and noted that we will always have to wrestle with this issue as a college town. He stated that approval would not progress the goals, initiatives, and objectives and requested that the Board not grant the special exception. David Kranbuehl, 201 Harrison Ave, gave his history with Williamsburg, work, and commitment to the neighborhoods. He stated that he appreciates the very well-written and thought-out statements. Mr. Kranbuehl noted the history of decisions, resolutions, and ordinances that banned making money off your house and stated that this had been modified many times in the past 45 years. He noted that careful thought was given to it, and a rooming house does not belong in a neighborhood. He also noted that out of thoughtfulness, an exception was written. Mr. Kranbuehl stated there was no reason for this exception; except to make money on this house. He stated a financial basis is not a reason to grant an exception. Mr. Kranbuehl gave examples of projects currently going through the planning process for rental space. He stated that what the applicant is trying to do is noble, and gave his approval, but noted that the Burns neighborhood is not where it belongs. Stewart Goddin, 715 Goodwin Street, stated he is a 23-year resident. He stated that he shares the neighbors' concerns about approving the rental or allowing boarding rooms. Mr. Goddin noted that the increase would cause overflow parking on Burns Lane. He noted the road condition as narrow and winding and, frankly, at night, can be dangerous. He stated that there is poor lighting with no sidewalks. Mr. Goddin noted the increased number of rooms Board of Zoning Appeals April 4, 2023 Page 4 of 6 Page 13 of 15 would diminish property values. He feels that the hardship was self-inflicted and should not be considered as it existed at the time of purchase. He noted that special exceptions are exceptions, not rights. He asked that the BZA add conditions for review if this is approved. PUBLIC HEARING CLOSED Ms. Nathansen acknowledged the neighbors for speaking and stated that the concerns being raised are not significant to this case. She stated that numerous people would not be packed into the house as it would be an owner- occupied home. She stated that because it will be owner-occupied, the family character of the neighborhood will not be impacted as a whole house rental. Ms. Nathansen stated that the applicant would like to be able to provide housing to students who need it. She stated that the applicant is not opposed to a limit on the number of cars that can be on the property. Ms. Nathansen stated that the boarding house terminology needs to be corrected, and the renters will not be coming in and out on the weekends and staying for short periods; it would be a long-term lease. Since the property is near the university, it will likely be students. She stated that the applicant purchased the property to raise a family and hopes all the rooms will be filled with his family, but until then, they would like to offer the space to people that need it. Ms. Nathansen stated that the current zoning ordinance does permit this, and each requirement had been met for approval. She noted that the home had always had six bedrooms with a separate entrance, and the neighbors knew this when they moved in. She stated that the City allowed the build and approved this before. Ms. Nathansen stated that the renters living with the family want a quiet, stable place. She noted that the homeowners should be able to use their home as they see fit as long as it meets the requirements of the City. She noted that if there are any violations, the owner knows that the special exception would be revoked and will ensure that does not happen. This type of environment has yet to be available to Jewish students at William & Mary. Mr. Heber stated that having student renters in an owner-occupied home will cut down on complaints that the City will receive. He also noted that he had been misquoted in the comment letters and commentary. Mr. Heber noted that he would like to utilize the spaces he has and pays taxes on. He noted the way cars can be parked on the property and the amount of driveway he currently has. He also pointed out that he has woods going through his entire property. Staff noted that: 1) All Board members visited the site (Chair M. Morgan, Vice-Chair M. Jallo, A. Murphy, L. Forcucci, R. Lane) 2) clarification on zoning ordinance: Sec. 216-19 deals with the increase in residence occupancy for rental homes only and there is a moratorium on the 4- Board of Zoning Appeals April 4, 2023 Page 5 of 6 Page 14 of 15  person rentals; in this case: 21-605 pertains to owner-occupied rules for rentals. BOARD DISCUSSION The Board did not have any additional questions. Chair Morgan stated that the addition of four renters would affect the property values. She also feels that approval of the special exception will change the character of the neighborhood. Ms. Morgan also wants the Board to review the application and the precedence it would set as a financial hardship being the basis of the request and written in the application. She acknowledged the clarification from the applicant on that fact. Moved by Morgan, seconded by Lane, to deny BZA#23-002, the special exception, per Sec. 21-605 of the zoning ordinance, which would not allow the rental of 2 bedrooms of an owner-occupied single-family detached dwelling. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None UNFINISHED BUSINESS None. NEW BUSINESS Meeting Minutes for February 7, 2023 Moved by Murphy, seconded by Jallo, to approve as amended. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None ADJOURNMENT Chair Morgan adjourned the meeting at 5:03 p.m. Melinda Morgan, Chair -- Board of Zoning Appeals Board of Zoning Appeals April 4, 2023 Page 6 of 6 Page 15 of 15