Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, November 5, 2024 A meeting of the Board of Zoning Appeals will be held Tuesday, November 5, 2024 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 P.m. Page CALL TO ORDER ROLL CALL MATTERS OF SPECIAL PRIVILEGE OPEN FORUM PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes 2-7 2025 Schedule 8 ADJOURNMENT  MINUTES City of Williamsburg Board of Zoning Appeals May 7, 2024 A meeting of the Board of Zoning Appeals was held on May 7, 2024, 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, Robert Lane, Allen Murphy, and Lori Forcucci Staff Attending: Zoning Administrator Heather Markle and Clerk Heather Moore OPEN FORUM Chair Morgan opened the Open Forum portion of the meeting for comments on any topic. Ruth Kaiser, 609 Richmond Rd, gave a brief history of 711 Richmond Road and requested that something be put in place to hold landlords accountable for maintaining properties and following occupancy limits. She appreciates all the work that the city has done and stated that more needs to be done to support zoning and enforcement of the occupancy laws. Kathy Altbrand, 115 Matoaka Court, stated that her concern is that the landlord needs to be held responsible. She noted her agreement with Ms. Kaiser’s statements and requested that something be done regarding enforcement. There being no one else to speak the Open Forum was closed. PUBLIC HEARINGS A. BZA#24-003: Request of Edward Jones for an after the fact variance from Section 21- 607(d) of the Zoning Ordinance. The existing dwelling is now located 32.3 feet from the front property line and the property has a 35-foot front building setback. The applicant has constructed a covered porch that encroaches 2.7 feet into the required front yard. The property is located 509 Roycroft St., Williamsburg Tax Map Number 405-01-00-018A, and is zoned RS- 2:(Single-Family Dwelling). Page 2 of 8 Zoning Administrator, Heather Markle, presented the Staff Memo before the Board. She stated that this is a request of Edward Jones for an after the fact variance from Section 21- 607(d) of the Zoning Ordinance. The existing dwelling is now located 32.3 feet from the front property line and the property has a 35- foot front building setback. The applicant has constructed a covered porch that encroaches 2.7 feet into the required front yard. The property is located at 509 Roycroft St and is zoned RS-2. Ms. Markle noted that Section 21-167 and Section 21-607(d) of the Zoning Ordinance pertains to this request. Ms. Markle reviewed the major questions and stated that 1) The strict application of the Zoning Ordinance does not unreasonably restrict the utilization of the property as a residential dwelling. 2) This lot is of average size and shape for the RS-2 district. The average setback for existing dwellings on the 500 block of Roycroft St. is approximately 40 feet. This property fronts on two streets. The Henderson average is 37 feet. and 3) It would not be a detriment to adjacent properties. She stated that City records indicate the dwelling was constructed in 1977. The minimum lot area required in the RS-2 district is 10,000 square feet and 509 Roycroft is 10,498 square feet. The building setback line requirements for the RS-2 district are 35-foot front, 10-foot side, and 35 feet for the rear, or Henderson front. The foundation for the existing dwelling will be located 39.3 feet from the front property line. Ms. Markle noted that on August 10, 2023, a stop work order was placed at the property for work without permits on an open deck on the front of the home. Building permits were approved on September 6, 2023, for the construction of an open deck. She then presented that the applicant constructed a covered porch, without permits, 7 feet in depth towards the front property line resulting in a 32.3-foot front setback. A Notice of Violation was sent to the property owner on February 16, 2024. Ms. Markle noted that the applicant has the option to construct a covered porch within the allowable building setbacks. The applicant may have an open deck on the front of the home as approved in Sec. 21-607 (c). Ms. Markle states that Staff recommends denial of the variance request for BZA#24-003 based on the criteria contained in Section 21-97 of the Zoning Ordinance and the provided analysis. Mr. Lane inquired about using Roycroft address alone or Roycroft and Henderson addresses and confirmed that it would not change the fact that they would require a variance, and the intent of the ordinance is to keep the front yards uniform. Ms. Markle confirmed that no matter how the math is computed a variance would be required. Chair Morgan opened the Public Hearing. Mr. Scott Jones, homeowner, had a few questions. The Board directed his ordinance questions to staff. Ms. Markle stated the ordinance was approved by City Council October 14, 2021, which came out of direction from the Board of Zoning Appeals after seeing so many variance requests. Mr. Jones stated that the house has been there for a while and many others’ homes have a screened in porch on their homes. He stated that he is a disabled veteran and is unable Board of Zoning Appeals May 7, 2024 Page 2 of 6 Page 3 of 8 to sit on the deck without it being covered as he cannot sit in direct sunlight. He stated that this has cost him a lot of money and has been a major investment. Mr. Jones stated that he would like the Board to approve his request and that the neighbors have no problem with it. Denise Edlow, 504 Roycroft Street, stated that she agreed with Mr. Jones’ request and questioned if notifications were sent out regarding the change of the ordinance. Phyllis Jones, 412 Roycroft Street, stated that she has a deck and wondered if it was possible to get a roof on her deck. Mr. Jallo stated that decks that do not encroach on the set back can have a roof. Ms. Forcucci instructed the residents how the process works, and to speak to Staff. If a permit can be obtained, guidance will be provided. Mr. Lane stated that for a proposed text change notices were published in the paper and posted online, and there is a public hearing that takes place, but noted that personal letters are not sent to every resident. Mr. Lane instructed the attendees on how to get notifications from the City. There was a short discussion with the neighbors regarding what is allowed, why they were here and what is allowed at their homes. Ms. Forcucci and Mr. Jones had a short discussion regarding other options that can be done to be in compliance. Mr. Jones stated that nothing except the roof as is will work for him. The Board referred the neighbors to the planning and zoning offices for further clarity on their properties and what they can do. Joe Mackert, 413 Henderson Street, stated he purchased the property over five years ago and that it needed a lot of cleanup. He stated that when the survey was completed it showed there are eleven feet that belonged to the City of Williamsburg and inquired if that is the case for every property in Highland Park. He was referred to city staff regarding inquiries about his property. Chair Morgan closed the Open Forum. Ms. Markle clarified that Ordinance 20-013 was approved on September 10, 2020, and not December 2021. She also stated that anyone with questions regarding their property and plans for it to please call the office, she will be more than happy to discuss those plans with you and explain the Ordinances before any money is spent. Board of Zoning Appeals May 7, 2024 Page 3 of 6 Page 4 of 8  Finally, she stated that the encroachment we are addressing in this case, confirmed through surveys, is 2.7 feet. DISCUSSION Ms. Forcucci inquired if it would be appropriate to allow Mr. Jones to reduce the roof line by 2.7 feet should he choose to do so. Mr. Murphy stated that he would not need a variance. Mr. Jones inquired about the footings of the deck. It was confirmed that he would not need to reduce the deck, and there would be some challenges, but he would need to reduce the roof by 2.7 feet to be in compliance. Mr. Jones noted how his neighbors’ properties are positioned and built and does not understand how 2 feet 9 inches is going to cost him so much money, it is just 2 feet and 9 inches in discussion. Moved by Morgan, seconded by Lane, to deny the variance request for BZA#24-003 based on the criteria contained in Section 21-97 of the Zoning Ordinance and the provided analysis. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None B. BZA#24-004: Request by legal counsel of The Tenants for an appeal of the Zoning Administrators determination, dated February 27, 2024. The Zoning Administrator has determined that more than three unrelated persons reside at this location in violation of Section 21-161.1 of the Zoning Ordinance. The property is located at 711 Richmond Rd, Williamsburg Tax Map Number 434-09- 04-018->2, Zoned, RS-2:(Single-Family Dwelling). ***This application has been withdrawn at the applicants' request*** C. BZA#24-006: Request of the Colonial Williamsburg Foundation for a special exception in accordance with Section 21-413 to locate the First Baptist Church Site on the property at 105 South Nassau St., Williamsburg Tax Map Number 466-0A-00-027, zoned Colonial Williamsburg Historic Area CW. It was confirmed that all the Board members have visited the site. Zoning Administrator, Heather Markle, presented the case before the Board stating that The Colonial Williamsburg Foundation has requested a special exception per Section 21-413 of the Zoning Ordinance to locate the Historic First Baptist Church of Williamsburg at 105 S. Nassau St. The property is designated as Williamsburg Tax Map Number 466-0A-00-027 and is zoned Colonial Williamsburg Historic Area CW. She stated that the Colonial Williamsburg Board of Zoning Appeals May 7, 2024 Page 4 of 6 Page 5 of 8  Foundation notes that the site will be restored to its early 19th century appearance. Ms. Markle noted that the change in use requires a special exception permit from the Board of Zoning Appeals. Ms. Markle stated that in regard to the major questions before the Board: 1) It is designated, constructed and operated to adequately safeguard the health, safety and welfare of the occupants of the adjoining and surrounding property; 2) It does not unreasonably impair an adequate supply of light and air to adjacent property; 3) It does not increase public danger from fire or otherwise unreasonably restrict public safety; and 4) It does not impair the established property values in surrounding areas. Ms. Markle stated that the proposal is consistent with the intent of the district. She confirmed that the applicant notes that the First Baptist site will be restored to its 1805-1818 appearance. The building is of historical significance to the City of Williamsburg and the structure will add materially to the historical understanding of the City of Williamsburg and its residents during the Colonial or early American period (1800-1840). Evidence of the First Baptist Church building is based on documented historical and archaeological evidence. Ms. Markle stated that staff recommends approval of special exception request BZA#24-006 based on the criteria contained in Section 21-97(f)2 of the Zoning Ordinance and the presented analysis. Mr. Murphy inquired if paragraph 3 is the extent of the changes. Ms. Markle confirmed that is the extent of the changes. Matt Webster and Neil Ellwein, Colonial Williamsburg, were present to answer any questions the Board may have. The Board had no questions for the applicants. Moved by Murphy, seconded by Forcucci, to approve Special Exception request BZA#24-006 as it is in accordance with the criteria for consideration for a special exception under 21-097 and is also consistent with the Zoning Ordinance 21-413. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Lane, Murphy, and Forcucci Nays: None UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes for February 6, 2024 Mr. Murphy noted an editorial change to be made. Moved by Forcucci, seconded by Lane, to approve as amended. Carried unanimously Board of Zoning Appeals May 7, 2024 Page 5 of 6 Page 6 of 8 ADJOURNMENT Chair Morgan adjourned the meeting at 4:56 p.m. Melinda Morgan, Chair - Board of Zoning Appeals Board of Zoning Appeals May 7, 2024 Page 6 of 6 Page 7 of 8  CITY OF WILLIAMSBURG PLANNING DEPARTMENT 2025 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, 2025 December 8, 2024 January 7, 2025 February January 3 February 4 March February 7 March 4 April March 7 April 1 May April 14 May 6 June May 9 June 3 July June 6 July 1 August July 11 August 5 September August 8 September 2 October September 12 October 7 November October 10 November 4 December November 7 December 2 January, 2026 December 5, 2025 January 6, 2026 *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 Assistant Planner hmarkle@williamsburgva.gov hmoore@williamsburgva.gov Page 8 of 8