Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, October 3, 2023 A meeting of the Board of Zoning Appeals will be held Tuesday, October 3, 2023 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 p.m. Page CALL TO ORDER ROLL CALL OPEN FORUM PUBLIC HEARINGS A. BZA#23-004: John M. & Susan C. Novack have requested a variance 2 - 22 from Section 21-607(d) of the Zoning Ordinance. The existing dwelling is located 27 feet from the rear property line and the property has a 25 foot rear building setback. The applicants propose to construct a screened porch that would encroach 12 feet into the required rear yard. The property is located at 416 Suri Drive, Williamsburg Tax Map Number 496-05-00-005, and is zoned, PDR:(Planned Development Residential). UNFINISHED BUSINESS NEW BUSINESS A. Discussion regarding Short-Term Rentals B. 2024 Schedule 23 C. Meeting Minutes for May 2, 2023 24 - 26 ADJOURNMENT TO: Board of Zoning Appeals DATE: September 27, 2023 SUBJECT: BZA#23-004: John M & Susan C. Novack 416 Suri Drive. - Variance John M. & Susan C. Novack have requested a variance from Section 21-607(d) of the Zoning Ordinance. The existing dwelling is located 27 feet from the rear property line and the property has a 25 foot rear building setback. The applicants propose to construct a screened porch that would encroach 12 feet into the required rear yard. The property is located at 416 Suri Drive, Williamsburg Tax Map Number 496-05-00-005, and is zoned, PDR:(Planned Development Residential). Section 21-607(d) states: Special yard regulations. (d) Unenclosed porches and balconies shall not project into any required yard areas. "Unenclosed porches or balconies" shall mean a porch or balcony with a roof but no side enclosure, other than railings or screens. Section 21-481 (i) (3) states: Planned development residential district PDR: The required lot area, lot width and yards shall be as shown on the approved development plan and final subdivision plat, and shall remain in effect unless the approved development plan and final subdivision plat are amended in accordance with this chapter and with chapter 16, Subdivisions. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements. VARIANCE STANDARDS Section 21-97(b)1. "Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance and (i) the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy Page 2 of 26 BZA#23-004: Novack September 27, 2023 Page 2 sought by the variance application is not available through the special exception process that is authorized in the ordinance pursuant to section 21-97(f) or the process for modification of a zoning ordinance pursuant to Article II, Division 3, Amendments at the time of the filing of the variance application”. Section 21-97(b)3. "In granting a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with." MAJOR QUESTIONS BEFORE THE BOARD 1. Whether or not allowing the proposed encroachments into the rear yard setbacks as requested by the applicant is a reasonable deviation to the Zoning Ordinance. The strict application of the Zoning Ordinance does not unreasonably restrict the utilization of the property as a residential dwelling. 2. Is the condition shared generally by other properties in the same zoning district and the same vicinity? This lot is of average size and shape for this subdivision. Attachment 1 shows 15 of the 80 lots have a rear setback of 25 feet or greater. 416 Suri Dr. is outlined in pink. Other properties in Brandywyne with rear setbacks of 25 feet or more are outlined in green. 3. Would the authorization of such a variance be of substantial detriment to adjacent property and nearby properties? The two property owners nearest the proposed addition, 213 SHAINDEL DR & 412 SURI DR, have not made comment. A neighbor who owns 400 SURI DR across the street and the president of the HOA have sent letters of support of the application. ANALYSIS This property is located in the Brandywyne community zoned PDR:(Planned Development Residential). City records indicate the dwelling was constructed in 2001. The required lot area, lot width and yards for properties in the Brandywyne subdivision vary and are as shown on the approved development plan and final subdivision plat. The rear building setback line for 416 Suri Drive is 25 feet. The foundation for the existing dwelling is located 27 feet from the rear property line. At the time the Brandywyne subdivision was constructed in 2001 screened porches were allowed to encroach 12 feet into the rear yard. The Board of Zoning Appeals on November 5, 2019, directed staff to draft an ordinance for consideration by Planning Commission and City Council to amend the Zoning Ordinance to address the encroachment of open decks and unenclosed porches into the side and rear yards. In September of 2020 City Council approved Ordinance #20-13 to require any new construction of covered porches in all zoning districts to be fully contained within the building setbacks. Page 3 of 26 BZA#23-004 Novack September 27, 2023 Page 3 The applicants propose to construct the covered screened porch 12 feet in depth towards the rear property line resulting in a 12.8 foot setback. The applicant notes the original owner of the home elected not to construct a screen porch during constriction in 2001. The applicant has owned the home for 15 years and would like to construct the screened porch to have a space free of mosquitos, sheltered from the weather and a larger area for entertaining. The applicant has the option to construct a ramp and open deck to extend 12 feet into the required rear yard area. STAFF RECOMMENDATION Staff recommends denial of the variance request for BZA#20-004 based on the criteria contained in Section 21-97 of the Zoning Ordinance and the above analysis. Heather Markle Zoning Administrator Page 4 of 26  ‘$5,333 2 a‘ :.....a%I §uGua3:3 mm: 353:3 °l"5::£ ? FF £23332 R 5 §as§é zpzszss 255:3 5 33:. 3.. Page 5 of 26  BOARD OF ZONING APPEALS BZA#*7/ WILLIAMSBURG PLANNING DEPARTMENT DATE ‘79 401 LAFAYETTE STREET , WOOL? , ‘>Z7.>LéZ(z7;lL€.0 , _ WILLIAMSBURG,VlRGlNlA23185-3617 (757) 220-6130 FAX (757) 220-6130 OWNER(S); ZTOFIN AA/I3 SI/3/‘IN /\/OI/AC/< /_‘7_/mi/x/«s : :>"5.9.r Aneg AD/BEE $5 S/”g)N('pF[é4/3 iv/gs//um .,2;z/5/‘ PHONE AXNUMBER’E' 702-— 4,/725- 88/5’ —-——T' To /-//U.../\/DI/Ac./{@dU7Z0a/<.C0/"’I APPLICANT/REPRESENTATIVE: -r-'* "’ ADDRESS: PHONE/FAX NUMBERS/E—MAIL: ../— LOCATIONOFTHEREQUEST: L7//5 5’wQ/ DIQ/j/5 W/LL/HMS 6i/:€é/ l// I 5 ATTACH PLAT OR DETAILED DRAWING OF PROPERTY SHOWING EXISTING STRUCTURES, STRUCTURES, SET BACK LINES AND ENCROACHMENTS. K:>'1/ PROPOSED 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 91%/I 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. [>6 AVARIANCE RELATING To SE 4- .72] 90 ’ 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 othen/vise unreasonably restrict public safety. Page 6 of 26  4. It does not impair the established property values in surrounding areas. Initials am . ~,, 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. " WW Signature of Owner(s) i[é){ag?0023 Sworn before me this OI/Zday of SA uauc or uslal?rllocr 30» My Commission Expires 90?‘; COMMONWEALTH VIRGINIA lav ccwwssuouEXPIRESNOV. so.2027 M?'(:‘OMM|SSlON#8052435 FOR OFFICE USE ONLY . ¢j7.>”L’L 3194 «'25:7:, TAX MAP NUMBER: DI'39? O 37 77751" ZONING: PDI1 DATE or PUBLIC HEARING: QL/IQ (I017? NOTICES MAILED: «I5529: (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. A ZONING ADMINISTRATOR DATE March, 2007 [FORMS\BZA APPLICATION FORM] Page 7 of 26  Narrative Statement Regarding Request for a Variance from Sec. 21-907(d) for Adding a Screened Porch with a Roof (the “Porch”) to the Property Located at 416 Suri Drive, Williamsburg, Virginia 23185 (the “Home”) Attached Exhibits Exhibit 1 Survey Plat of416 Suri Drive, Williamsburg, Virginia 23185 - Exhibit 2 -Aerial View from Google Earth of the Brandywyne Neighborhood with the 416 Suri Home Highlighted Exhibit 3 Close-up aerial view from Google Earth showing the approximate location of the — Proposed Porch Addition Exhibit 4 Letter from the Brandywyne Homeowners’Association - (“HOA”) Approving the Addition of a Porch to 416 Suri Drive Exhibit 5 -A rendering of the planned Porch prepared by Cunningham Contracting, Inc, the firm we engaged to build the Porch Background My wife and I (John M. Novack and Susan C. Novack) purchased the single-family home located at 416 Suri Drive (the “home”) on May 8, 2008. The Home, built in 2001, is located in the Brandywyne subdivision within the City of Williamsburg (“Brandywyne”). Brandywyne is a “zero-lot-line” development, meaning that most of the homes have a distance of only 5 feet from the house to the property line, with the occasional exception of a longer distance on one side of the house to accommodate a porch or deck. As developed, Brandywyne provides almost no park-like space or yard areas to the residents as most lots are about 0.11 acres in size. The only park-like space exists in the areas surrounding Brandywyne, some of which are owned by the Brandywyne HOA as shown in Exhibit 2. The primary area owned by the Brandywyne HOA is 7.89 acres to the East and South of the development. The area to the North of Brandywyne is owned by a third party. No one purchasing a home in Brandywyne would have any expectation of seeing any park-like green areas other than those purchasing houses on the perimeter, which would fetch higher prices, much in the way that an end-unit townhouse would trade at a premium to an interior townhouse. To use a colloquial term, Brandywyne residents are packed in like sardines. The original design for the Home provided for 25 feet on the north side of the Home to allow for a deck or screened porch to be constructed. Access to the porch or deck was to be provided through a separate access room, described as the “Library”, from within the home. We are the second owners of the Home. The original owners elected to make several modifications to the standard design of the Home during construction, doing away with the Library and adding a larger bedroom and a small deck to the east side of the Home, among other changes. The 25 Page 8 of 26 feet of land from the Home to the Southern boundary line was left untouched. The unused land has a slope of approximately 30 degrees from the front of the home to the rear of the Home. Desire to Add a Porch While we have a small deck attached to the east side of the house (which we plan to keep), it is not enclosed with screening and has no roof. My wife is a “mosquito magnet” and cannot stay out on the present deck in the early evening without suffering from numerous mosquito bites. Moreover, she likes to read in the early morning and evening and having a roof over the Porch with lights and screening would extend the number of hours each day that she could spend reading on the Porch without getting wet. We also find that the limited size of our present deck does not allow us to eat on the deck as a family or with friends since there is not enough room to have a table with dining chairs on the deck. The present deck can also become slippery when wet and my wife recently fell, hurting her shoulder, while out on the deck after a recent rain. My wife and l are both 71 and are looking to “age in place” for as long as possible. Over the last twenty years, my wife has had five separate foot operations and now has a pacemaker and is concerned about being able to exit our house, if necessary, without using steps. Hence the desire to have a ramp, rather than stairs to exit the Porch. To this end, we plan to have the floor of the Porch be at the same level as our bedroom floor to allow a wheelchair to move from the bedroom to the Porch and then down the ramp should either of us ever be confined to a wheelchair or be on crutches. We also would like to add a whole-house generator to better allow us to remain in our house should either of us become incapacitated. Exhibit 1 shows that we have 25 feet of land extending from the South side of our house, which is more than enough to allow for the construction of a 16-foot-wide by 12-foot-deep Porch (and still have 13 feet beyond the Porch to the property line). Exhibit 3 shows an aerial Google Earth close-up picture of416 Suri and the closest nearby houses. The closest house, located at 412 Suri, extends to the South approximately 10 feet beyond our house at 416 Suri and then has an attached 8-foot-deep screened porch. The next nearby house, located at 213 Shaindel, has an uncovered deck that extends to the East from the end of the house (the deck does not appear clearly on the Google photo). In neither case do we believe that our proposed Porch would have a detrimental impact on the nearby properties. It should be noted that, as shown in Exhibit 4, the Brandywyne Architectural Review Committee (“ARC”) has approved our request to add a Porch to our house. Exhibit 5 shows a rendering of how the Porch would appear when built and sets forth the dimensions of the Porch and the materials that would be used to build the Porch. Summary Section 21-97(b)1sets forth the following rule for granting a variance a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property and (i) the property interest for which the variance is being requested was acquired in good faith (ii) the granting of the variance will not be of substantial detriment to adjacent property ...(iii) the condition or situation of the property concerned is not of so general or recurring a nature ...(iv) the granting of the variance does not result in a use that is not othen/vise permitted and (v) the relief or remedy sought by the variance application is not available through the special exception process Page 9 of 26 Relating to the above sections of rule 21-97(b)1, to not grant our requested variance would unreasonably restrict our ability to use our property for the purpose intended. Virtually every other house in Brandywyne has a deck of the type we are seeking to build, many of which are screened-in porches with roofs. To address issues (i) through (v), 1. We acquired the property in good faith and have owned the house for 15 years. 2. Adjacent properties will not experience any substantial detriment. The Brandywyne ARC has approved the plan to add a Porch to our Home. 3. This is a one-off situation which is not duplicated elsewhere in the City of Williamsburg. The residents of Brandywyne, when buying their properties, were well aware that they would have limited sightlines and would most often, when looking from their windows, decks and porches, see other adjacent houses, decks and porches. 4. Granting the variance would not result in a use not intended. Virtually every house in Brandywyne has a similar deck or porch. 5. Granting a variance would seem to be the easiest solution and would not require modifying any other statutes. Please approve a variance to Sec. 21-907(d) and allow us to build the Porch as set forth in the attached rendering. Thank you. Page 10 of 26 I HE“ CUNSULI mu I:NL:INl:l:r<:z . 18111 NDU-16'-2Z@1 EXH I 8 IT I A N073‘ NDIE: SEE P.B. 87. PG. 97 6': 92 ADDITIONAL15' H.0.A. DRAINAGE EASEMENT DESCRIPTION PER PLATBY AES CONSULTING FOR COMPLETE ENGINEERS OF EASEMENTS’. . ENTITLED"PLATSHOWING15' DRAINAGE ASEMENT ON LOT 27 ANDOPENAREAOF PHASE’ IIB OF BRANDYWYNE AT MLLIAMSBURG FROM CONDOR AREA OF LOT 27 PROPERTIES AT MLLIAMSBURG, L.L.C. TO THE BRANDYWYNE HOMEOWNERS ASSOCIATTON 4937 S.F.i- DATEDNOVEMBER 12, 2001 0.113 ACRES i g FUTUREDEVELOPMENT 2 Lu ADDITTDNAL gt 15' H.&§EAI3gj\INAGE FOUND. ~ FOUNDATION (T: 3 Q T (555 "075? ms S85'13'05"W43.00‘ IRS is‘ £~ § 5 E E L: O E. (7) 3 3 HEATPUMPS L;a Q Q Li. 0:) " EE 2 2' G M 3- E CT 4 9‘ To S/DING~ *0 "3 g; g OVERHANG , '2 "3 N 2; 4.9‘ To SIDING 5'7.To FOU"’D- - I! 25 35L 5.0’ To FOUND. OPEN SPACE 35’ 8-F LOT 28 _ DI _ 23 028 M379 - '- D II SW46 55 E 93.33’ TWO—STORY(E ‘an: 8 WOOD DEcI<—‘/" E Q RESIDENCE Q (MASON/TE 2 ‘N _ 2.2’ V’ S/0/NC) |g- s49-45'55'-E EXTENDS 18.00’ OVERP/L _ _ E . 1o’ H.O.A. UTILITY ‘°. EASEMENT ‘*3 ‘O END T5‘ I-I.o.A.~ . DRAINAGEASEMENT 5 ‘‘‘‘ -~ \x;gI{;BLE P.B. 81, PG. 97 & 92 I C.0.W. UTILITY EASEMENT 5.0’ T0 SIDING I <——J __ 5.1’ To FOUND. ____‘___?_____ 5'55_L_ _ U,g%, IRS Ne5‘13'o5"E 74.00 Ns §,<*\‘v\' BRICK ‘ ’ <" 2‘ E , 9 RETAINING -1 937° \ , 5.1’ T0 FOUND. WALL I I €62‘ Q: 75CEH};_0.éé ‘ME I DRAINA A MEN T I av & 92 I LOT 26 L..———.I I L_ E <E >- \ T'.M..379-O1—-2B-O26 I5’ H.O.A. DRAINAGE EASEMENT E CURVETABLE Ilil?ll ~ E? Q W C1 “ %’%£’3§’5f§£Z D'=‘TR~'~P DOD PLAIN PER an F.I.R.M.$51029-¢—o0o5 8, DATED 3/2/94. jg TAXPARCEL:379—O1—2B—027 1 STREETADDRESS: 415 SURI DRIVE :_ «$- 5@4:8Olde Tovynggzoaa, Suite 1 2- consulting Enginems Planners Wnlluamsburg. Vxrguma 23188 Engineers, Surveyors, Ph. (757)-253-0040. Fax (757)-220-8994 PLAT SHOWINGIMPROVEMENTS LOT 27. PHASE I[—B. BRANDYWYNEAT WILLIAMSBURG FOR CONVEYANCE T0 ROBERTJ. AND NANCI O. BOND VIRGINIA - CITY OF MLLIAMSBURG. A 2 Q Ref: PLAT BOOK81. PAGES 91&:92 Date: 11/13/01 Job No: 24527 Page 11 of 26 Page 12 of 26 Page 13 of 26  August 18, 2023 , at T w:Lz..mM::3 (1126 via US Mail EXHIBIT 9' John M & Suan C Novack 416 Sun Drive Williamsburg, VA 23185 RE: Application for installing whole house generator, and screened in porch ~ 416 Suri Drive Your Request for Architectural Change has been approved. Specifically, you have approval to proceed with the following: Reguest: Attached, please find the application to the Brandy HOA Architectural Review Committee to add a screened—in porch and a generator to the side of our house at 416 Suri. Also attached is a Site Plan ofwhere the porch will be located, a Summary of Work to be performed and a Survey Plat of our property at 416 Sun. As can be seen on the Survey Plat, our land extends for 25 feet from the side ofthe house. in the original design for the house, before it was modified by the original owners of416 Suri, a deck/porch was to have been attached to that side of our house. As explained in the attached Summary of Work, we are planning to use Cunningham Contracting to add a 16‘ wide by 12‘ deep screened—inporch to the side ofour house, as shown in the attached Site Plan. As can be seen in the attached Survey Plat, we have more than enough room to add the screened—in porch. The porch will have a shed—styleroofsimilar to the addition on 404 Sun but will not be as large. We will replace one ofthe windows in our bedroom with a door to the porch. We wiil have the porch be at the same level as the existing bedroom floor. The porch will have a weather resistant drywall ceiling and ceiling fan as well as recessed lights, outlets and perimeter lighting. For safety purposes, there will be an exit door from the porch down to‘aramp that would allow someone in a wheelchair to leave the house and porch. The decking will be weather resistant composite decking boards and the roof shingles will be matched as closely as possible to the present roof shingles on the house. We also plan to add a whole~house generator to power the house in the event ofa loss in power. The generator will be powered by natural gas as supplied by the gas line adjacent to the gas meter next to where the generated will be sited. Please expedite the approval of this project. We would iike to have the work completed before it gets too cold as the bedroom will be open to the elements during the construction process. Committee Conditions/ Stipulation(§)_: Please note that this approval by the Architectural Review Committee does not in any way supersede the owner's responsibility to obtain any applicable city/county permits and to pay any fees associated with such. c/o Brooks Real Estate, Inc. 4071|ronbound Road |Suite 200 |Williamsburg, VA 23188 Phone: (757) 229-1507 | Fax: (757) 220-3815 | Email: michaelk@brooks—re.com Page 14 of 26  “X3” w1LLIAA:$B:;7?zG A Building Permit may be needed. This approval will expire one (1) year from the date of this letter. if the project is not completed within the specified time frame it will be necessary for you to submit a written request for an extension within sixty (60) days in advance of the original expiration date. We reserve the right to make a final inspection of the change to make sure it matches the request you submitted for approval. We appreciate your cooperation in submitting this Request for Approval. An attractive Community ensures that all owners receive the full value from our homes when and if they decide to sell. Please retain this approval for your records. Should you have any questions, please contact Michael Kwiatek at 757—229~1507or by email at michaelk@brooks-re.com Sincerely Yours, M I/fwwié Michael Kwiatek, ARM, CPM, CMCA,AMS Community Association Manager On Behalf of the Board of Directors Brandywyne Owners Association Copies of Original Application and supporting documents included with this approval. c/o Brooks Real Estate, Inc. 4071|ronbound Road |Suite 200 |Wi||iamsburg, VA 23188 Phone: (757) 229-1507 I Fax: (757) 220-3815 I Email: michaell<@brooks—re.com Page 15 of 26  sa1oN |eJau29 N main 5 /L9 3 an aaawrw 2 962:; J9/\OQ E?avi NOISI/G5 m_. m— C rf‘1|'\V|l’V ..nv- 0 m muuum H1 _ Armor Page 16 of 26  SOLE: ‘V/\ '54|’\€I$W3tIIIM gate: ‘VA'5JnqsweI1IsM suega .1oo|_.; awn W5 9w '9 suns ‘pa l|9m3 Lbl uomppv LWJOQU393; >192/\0N ‘cu; '5ug17eJ1uo9weubuguuno E 3Z'|J.|J. i33H9 Nouaxuaeaa maroaa AG dial/K034 SQNIMYNO .ZL Page 17 of 26 Page 18 of 26 Page 19 of 26  SGLEC‘VA ’BJrI¢|'3W9!l|lM GGLEZ'V/\ '5J|'|q‘3WE!|l|M €5U!(Yl€.lQH2133 QNJG 91"‘?9W '9 GUNS "PHII9m3 Lbt L{9JO,§ Ll33J99 H99/\ON '9u| ’?ug17eJ1uo9 Lueu?uguung A |/\ E SAVO HZENFIN -auu. 1.22% »N0|J.dlHD9!O .L73f0Ed A9 aaamazaa ssuwwun Page 20 of 26 From: Heather Markle To: Heather Moore Subject: FW: BZA#23-004 Novak requested variance Date: Monday, September 25, 2023 3:23:21 PM -----Original Message----- From: L Hinnant <704greensboro@gmail.com> Sent: Monday, September 25, 2023 12:23 PM To: melindabellmorgan@gmail.com Cc: toby@thelanesweb.org; jallo@cox.net; lori.forcucci@gmail.com; moseh57@yahoo.com; hmoore@williamsbugbva.gov; Heather Markle <HMarkle@williamsburgva.gov> Subject: BZA#23-004 Novak requested variance [NOTICE: This message originated outside of the City of Williamsburg mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Chairman Morgan, I own the property directly across the street from 416 Suri Drive and I am writing to express my strong support for the Novaks’ Appeal to add a screen room to the rear of their property. The project will be confined within their property line and its placement will barely be visible from the street. This is land that remains unusable unless a structure is built. A screen room will add to the enjoyment of their home while increasing the value of their property. This is a win-win for both parties. From the discussions I have had with neighbors, no one wishes to see John and Susan denied the opportunity to fully use their property with an addition. Thank you for your consideration as you review the Appeal. Linda Hinnant (757)373-5654 Sent from my iPad Page 21 of 26 Page 22 of 26  CITY OF WILLIAMSBURG PLANNING DEPARTMENT 2024 BOARD OF ZONING APPEALS SCHEDULE MONTH SUBMITTAL DATE MEETING DATE Close of business 4:00 P.M. Friday as noted below to 1st Tuesday of Month PLANNING DEPARTMENT STRYKER CENTER January, 2024 December 8, 2023 January 2, 2024 February January 12 February 6 March February 9 March 5 April March 8 April 2 May April 12 May 7 June May 10 June 4 July June 7 July 2 August July 12 August 6 September August 9 September 3 October September 6 October 1 November October 11 November 5 December November 8 December 3 January, 2025 December 13, 2024 January 7, 2025 *Date changed due to holiday. The property owner must sign the application. One (1) copy of the application, including all supporting documents and the appropriate application fee, must be submitted for the application to be considered complete. If documents are larger than 11”x14”, please provide seven (7) copies. For additional information, please call the Planning Department at (757) 220-6130. Heather I. Markle Heather N. Moore Zoning Administrator Administrative Assistant hmarkle@williamsburgva.gov hmoore@williamsburgva.gov Page 23 of 26  MINUTES City of Williamsburg Board of Zoning Appeals May 2, 2023 A meeting of the Board of Zoning Appeals was held on May 2, 2023 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 Melinda Morgan, Vice-Chair Michael Jallo, Robert Lane, Allen Murphy, and Lori Forcucci Staff Attending: Zoning Administrator Heather Markle and Clerk Heather Moore A. Approval of Electronic Participation of Allen Murphy Moved by Morgan, seconded by Forcucci, to allow remote participation of Allen Murphy. Carried 4-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, and Forcucci Nays: None 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#23-003: 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. Zoning Administrator Heather Markle presented the case before the Board. She stated that this is a request of Timothy David Denby for a special exception from Section 21-896 of the Zoning Ordinance to enlarge an existing Page 24 of 26 nonconforming dwelling the same distance from the side property line as the existing dwelling. She stated that the applicant proposes a side yard for the addition of 5 feet from the adjacent property instead of the required 10 feet on the right and proposes a side yard for the covered front porch of 8 feet from the adjacent property instead of the required 10 feet on the left. Ms. Markle noted that the West Williamsburg Heights subdivision was recorded in 1925, with a majority of the lots having 50-foot lot widths. She stated that these properties are now zoned Single-Family Dwelling District RS-2, where 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 on the right and 8.1 feet from the side property line on the left and is non-conforming for the RS-2 District. Ms. Markle stated that the applicant notes the proposed addition to the dwelling on the right, and the proposed addition of the front porch will be no closer than the current dwelling to the side property lines. Ms. Markle noted that Staff recommends any approval of the special exception request for BZA#23-003 be conditioned upon one) the proposed addition not encroaching any closer to the property line than the existing dwelling, and two) the shared driveway easement that would allow the property to meet the required parking for a single-family dwelling to be recorded prior to the issuance of a building permit Chair Morgan confirmed Staffs request regarding the additional conditions. Mr. Jallo inquired where the driveway easement would be located. Ms. Markle stated it would be between 226 and 228 Virginia Avenue. Mr. Lane inquired if the garage was under construction. Ms. Markle stated that the home has been under renovation for quite some time. The Board had no further questions for Staff. Benming Zhang, Kaufman & Canoles, presented the proposal for the Board. He shared that the driveway easement has language that pulls from the City files from another house down the road. Mr. Zhang noted that he has nothing to add and is available for any questions. He confirmed that all would be completed and recorded before the building permit was pulled. Mr. Lane inquired if the 28-ft setback is part of the special exception request. Ms. Markle stated it is not and explained how the older parcels are handled in the Zoning Ordinance, which is an average of the block. The Board had no further questions for the applicant. Chair Morgan opened the floor for public comment; no one was present to speak. Board of Zoning Appeals May 2, 2023 Page 2 of 3 Page 25 of 26  DISCUSSION Ms. Forcucci stated that the analysis was excellent and that she had no additional comments to make; Mr. Jallo confirmed he had the same thoughts. The Board agreed. Mr. Murphy inquired about the sideyard setback. Ms. Markle confirmed the setback would be 8.1 ft from the side yard. Mr. Murphy inquired if the parking spaces would be standard size. Ms. Markle confirmed they are proposed to be in excess of what is required and meet current zoning regulations for parking. Moved by Forcucci, seconded by Morgan, to approve BZA-23-003 special exception request conditioned upon: • The proposed addition not encroaching any closer to the property line than the existing dwelling, as shown on the Plot Plan prepared by Matthew Burton Architect, LLC, dated May 2, 2023 • the shared driveway easement that would allow the property to meet the required parking for a single-family dwelling to be recorded prior to the issuance of a building permit • foundation survey confirmed distances on the side of the property with a surveyors stamp provided prior to the issuance of a building permit Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes - April 4, 2023 Moved by Forcucci, seconded by Morgan, to approve as presented. 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 4:23 p.m. Melinda Morgan, Chair -- Board of Zoning Appeals Board of Zoning Appeals May 2, 2023 Page 3 of 3 Page 26 of 26