Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, December 5, 2023 A meeting of the Board of Zoning Appeals will be held Tuesday, December 5, 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#23-005: Request of Harlen & Jean Cramer for a special exception 2-6 from Section 21-896 of the Zoning Ordinance to enlarge the existing nonconforming dwelling and deck the same distance from the side property lines as the existing dwelling. The applicant proposes to construct an addition and deck 5.5 feet from the north side property line and 6 feet from the south side property line instead of the required 7.5 feet. The property is located at 608 Capitol Landing Road, Williamsburg Tax Map Number 438-01-0B-006,7, and is zoned, Single-Family Dwelling District RS-3. UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes for October 3, 2023 7 - 11 ADJOURNMENT  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department TO: Board of Zoning Appeals DATE: November 28, 2023 SUBJECT: BZA#23-005: Harlan & Jean Cramer 608 Capitol Landing Road. - Special Exception This is a request of Harlan & Jean Cramer 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 to construct an addition and deck 5.5 feet from the north side property line and 6 feet from the south side property line instead of the required 7.5 feet. The property is located at 608 Capitol Landing Road, Williamsburg Tax Map Number 438-01-0B-006,7, and is zoned, Single-Family Dwelling District RS-3. Section 21-177(2) side yard states the following: a. Single-family detached dwellings: There shall be a side yard of not less than seven and one-half 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." 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: This area is zoned Single-Family Dwelling District RS-3. The statement of intent for this district is as follows: "This district is established as a single-family residential area with medium 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 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 2 of 11 BZA#23-005 Cramer November 28, 2023 Page 2 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-3. (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 In the RS-3 District, the minimum lot width is 50 feet and the required side yard setback is 7.5 feet. The lot width at 608 Capitol Landing Drive is 39.75 feet and the dwelling is located 5.5 feet from the north side property line and 6 feet from the south side property line. The property is legally non-conforming for the RS-3 District. The proposed addition to the dwelling and deck will be located no closer than the current dwelling to the side property lines. STAFF RECOMMENDATION Staff recommends approval of the special exception request for BZA#23-005. Heather I Markle Zoning Administrator Page 3 of 11 Page 4 of 11 Page 5 of 11 Page 6 of 11  MINUTES City of Williamsburg Board of Zoning Appeals October 3, 2023 A meeting of the Board of Zoning Appeals was held on October 3, 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 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#23-004: 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). Zoning Administrator Heather Markle presented case before the Board. She reviewed the variance standards and noted in the analysis that this property is located in the Brandywyne community zoned PDR. She stated that 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. Ms. Markle confirmed the rear building setback line for 416 Suri Drive is 25 feet and the foundation for the existing dwelling is located 27 feet from the rear property line. Ms. Markle reviewed that the Brandywyne subdivision was constructed in 2001 and 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 Page 7 of 11 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. She reviewed the applicants request for a covered, screened in porch. She noted that 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. The Board had no questions for staff. PUBLIC HEARING John Novack, 416 Suri Drive, stated that the house was purchased in 2008 and gave personal history. He stated that the house was originally designed to have some sort of deck or enclosed porch and that houses on either side have decks with screens as do many others in the neighborhood. Mr. Novack stated that the houses are close together and he does not feel that the neighborhood is the cause for the Boards decision to restrict enclosed porches and stated that he feels the neighborhood is incorrectly included in the decision. He presented the proposed design to the Board. Mr. Novack stated that from a fair and equity point of view they would like to be allowed to build an enclosed porch. He concluded that this would also allow his wife to enjoy pleasantly the outdoors. Mr. Jallo inquired if he thought of screening the existing porch. Mr. Novack stated that they were advised by their closing attorney that it could not be touched or altered in any way because there was an existing agreement with the City involving negotiations regarding building plans and variances and could not be touched. The Board had no further comments for the applicant. Sue Patton, 505 Capitol Court, stated that if everyone else has one in the neighborhood he should be able to have one as well, especially if he is unable to enclose the existing one. Discussion Ms. Forcucci stated that criteria for granting a variance referring to The Complete Guide to Zoning (pg. 221, par. 1) which states, "that there are reasonable and economically beneficial uses of the property available without the variance.” She continued stating that the site is not unique, and that the problems encountered there are found on many other sites, works against the allowance of a variance. Mr. Novack stated that that he didn't know that there was a change in the law and that he could have done this at anytime Board of Zoning Appeals October 3, 2023 Page 2 of 5 Page 8 of 11  previously. Ms. Forcucci stated that the use is not unreasonably restricted which is the foundational question that must be looked at. Mr. Murphy stated that the question is: if there is a reasonable use of the property based on what's there. He stated that there is a dwelling that is occupied. He stated that in terms of meeting that basic premise, there is a reasonable use there. He continued by noting that there may be things that a homeowner may wish or like or want to do, but the homeowner is making a use out of it. Mr. Forcucci agreed and clarified that this is only for the porch not the ramp. The ramp can be allowed. Ms. Markle stated that ADA accessibility would be allowed to the minimum standard necessary if going into a required area. Mr. Jallo stated that 21-607 are clear and unambiguous. He affirmed that BZA members take an oath to uphold the zoning ordinance first and foremost. He believes this case does not meet the ordinance requirements of a variance. Ms. Forcucci clarified that an open deck can be build with a ramp, just not enclosed. Mr. Lane noted that the test of reasonable use according to the Supreme Court of Virginia clearly states: "whether the effect of the zoning ordinance upon the property under consideration, as it stands, interferes with ‘all reasonable beneficial uses of the property, taken as a whole.’” He confirmed that a home was present on the property and that a screen porch does not affect the use of the home. Moved by Lane, seconded by Murphy, to deny variance request BZA#23- 004 because the applicant has not shown that the strict application of the terms in ordinance Sec. 21-97(b)1 prohibit or unreasonably restrict the utilization of the property, and further the ordinance does not interfere with all reasonable beneficial uses of the property when taken as a whole. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None UNFINISHED BUSINESS Board of Zoning Appeals October 3, 2023 Page 3 of 5 Page 9 of 11 NEW BUSINESS A. Discussion regarding Short-Term Rentals Chair Morgan gave the floor to Member Robert Lane for a request to discuss short-term rentals. Mr. Lane stated that this topic goes back almost a year and a half. He gave a brief summary of the meeting where the Board discussed short term rentals in regard to the required management plan. A short discussion ensued regarding the signature on the application and what that allows and gives permission for, including inspections. Mr. Lane also noted that he would like a change to the zoning regulations with the removal of 11 words. Ms. Markle notified the Board of the process and that staff is following potential changes to the ordinance from the State level. Mr. Lane stated he would like to make the request again for a text change as he feels these request are made regularly of Council. Mr. Murphy stated that the management plan language should be removed and the Board should not be wrestling over process with an ordinance that could be easily changed. Moved by Lane, seconded by Jallo, to request a zoning text amendment review by City Council to remove the requirement of a management plan to be provided as part of the short-term rental contract. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None B. 2024 Schedule Moved by Morgan, seconded by Forcucci, to approve as presented. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None C. Meeting Minutes for May 2, 2023 Moved by Forcucci, seconded by Lane, 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 4:37 p.m. Board of Zoning Appeals October 3, 2023 Page 4 of 5 Page 10 of 11 Melinda Morgan, Chair -- Board of Zoning Appeals Board of Zoning Appeals October 3, 2023 Page 5 of 5 Page 11 of 11