Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, December 2, 2025 A meeting of the Board of Zoning Appeals will be held Tuesday, December 2, 2025 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#25-003: Request by Mike Field for an appeal of the Zoning 2 - 10 Administrator's determination, dated October 9, 2025. The Zoning Administrator has determined that a vehicle was parked on the grass in violation of Section 21-705.1 of the Zoning Ordinance. The property is located at 311 Indian Springs Rd., Williamsburg Tax Map Number 524- 11-00-044->4, Zoned, RS-2:(Single-Family Dwelling). B. BZA#25-004: Request by Mike Field for an appeal of the Zoning 11 - 28 Administrator’s determination, dated September 22, 2025. 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 311 Indian Springs Rd., Williamsburg Tax Map Number 524-11-00-044->4, Zoned, RS-2:(Single- Family Dwelling). UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes for July 1, 2025 29 - 31 A. 2026 BZA Schedule 32 ADJOURNMENT TO: Board of Zoning Appeals DATE: December 2, 2025 SUBJECT: BZA#25-003: 311 Indian Springs Road – Appeal Parking This memo is submitted in response to an appeal by Mike Field Trustee of 311 Indian Springs Road Trust in response to the Zoning Administrator’s determination, dated October 9, 2025. The Zoning Administrator has determined that a vehicle was parked on the grass in violation of Section 21-705.1 of the Zoning Ordinance. The property is located at 311 Indian Springs Rd., Williamsburg Tax Map Number 524-11-00-044->4, Zoned, RS-2:(Single-Family Dwelling). On October 6, Zoning Administrator Markle observed a vehicle parked on the grass at 311 Indian Springs. On October 9, 2025, a Notice of Violation was sent to the tenants and property owner for the parking violation at 311 Indian Springs Road. (Attachment 1: 10.9.25 NOV 311 INDIAN SPRINGS). Page 2 of 32 BZA#25-003 311 Indian Springs Rd. December 2, 2025 Page 2 On October 9, 2025 a separate Notice of Violation was sent to the property owner, Mike Field Trustee, for a parking violation that occurred on October 5, 2025 on the adjacent lot 317 Indian Springs Road. (Attachment 2: 10.9.25 NOV 317 INDIAN SPRINGS). On October 16, 2025, an appeal to the October 9, 2025 Notice of Violation was filed. The applicant notes in his appeal, “The vehicle depicted is not on our property. It is on the adjacent vacant lot.” Based on the aerial image from the City GIS Mapping staff determined the location of the vehicle. The access point on the 317 Indian Springs parcel is marked with a red arrow. The parking location on 311 Indian Springs is marked with a green arrow. Page 3 of 32 BZA#25-003 311 Indian Springs Rd. December 2, 2025 Page 3 The vehicle parked in the grass in the October 6, 2025 photo is a Black Ford F150 with License Plate 555-BCTL. The vehicle is routinely parked in the driveway of 311 Indian Springs Road. Photo of driveway at 311 Indian Springs Road 9.15.25. Photo of driveway at 311 Indian Springs Road 10.6.25. The issue before the BZA is whether or not the Zoning Administrator has correctly determined that a vehicle was parked on the grass at 311 Indian Springs Rd as noted in the October 9, 2025 Notice of Violation. Heather Markle Zoning Administrator Page 4 of 32  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department October 9, 2025 Certified & First Class The 311 Indian Springs Road Trust 1340 N Great Neck Rd PMB 384 Ste 1272 Virginia Beach, VA 23454 Current Tenants 311 Indian Spring Rd Williamsburg, VA 23185 RE: Parking at 311 Indian Springs Rd.; Williamsburg Tax Map Number: 524-11-00-044->4 Zoned: Single-Family Dwelling District RS-2 Dear 311 Indian Springs Road Trust & Current Tenants: An inspection of 311 Indian Springs on October 6, 2025 revealed a vehicle parked on the grass in violation of Section 21-705.1 of the City’s Zoning Ordinance which states “Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones, and that it shall not occupy more than 30% of a front or rear area and not more than 15% of the total lot. (c) Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.” To abate the violation all vehicles on the property must be parked in accordance with Section 21-705.1 of the City Zoning Ordinance within one day upon your receipt of this letter. Failure to abate the violation within one day or any subsequent violations of said section of the ordinance will result in legal action by the City. Please note the Williamsburg Zoning Ordinance states in part: Section 21-29 Violation and penalty. (b) The following persons shall be jointly and severally liable for any violation of this chapter that causes, permits a violation of the zoning ordinance, or fails to abate such violation after notice of such violation has been given to such person within the time frame specified in such notice: (1) Any owner who holds fee simple title to such real property, whether as sole owner or co-owner thereof; and whether such co-ownership is as a tenant by the entireties, joint tenant or tenant in common, and also including any trustee that holds title to real property, excluding, however, a trustee under any deed of trust on the property (2) Any tenant occupies the property, whether or not for compensation 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 5 of 32 311 Indian Springs October 9, 2025 Page 2 (3) Any person who is in charge of one or more of the development, maintenance, occupancy or use of the property. The city may proceed against any one or more of said persons for violation of this chapter, and each person proceeded against shall be punished by assessment of a civil penalty of $200.00 of the initial summons and $500.00 for each additional summons. Each day during which the violation is found to exist shall constitute a separate offense. If you intend to increase your driveway or parking area coverage, a revised site plan must be submitted and approved by the Zoning Administrator for the increase in parking and driveway coverage. For submittal, a site plan indicating the current and proposed impervious areas, along with the percentage of front yard and total lot area in square feet, will be required. Additionally, the type of material proposed for the parking and driveway areas must be specified. If you have any questions, please contact me at hmarkle@williamsburgva.gov or (757) 220-6131. Sincerely, Heather Markle Zoning Administrator cc: Christina Shelton, City Attorney You may have the right to appeal this letter within 30 days 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. The fee for filing an appeal is $300. Additional information regarding the filing of an appeal may be obtained in the Planning Department, located at 401 Lafayette Street, Williamsburg, Virginia 23185 or on the City of Williamsburg webpage: www.williamsburgva.gov Page 6 of 32  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department October 9, 2025 Certified & First Class 206 and 317 Indian Springs Road LLC 1340 N Great Neck Rd PMB 384 Ste 1272 Virginia Beach, VA 23454 RE: Parking at 317 Indian Springs Rd.; Williamsburg Tax Map Number: 524-11-00-047 Zoned: Single-Family Dwelling District RS-2 Dear 206 and 317 Indian Springs Road LLC: An inspection of 317 Indian Springs on October 5, 2025 revealed vehicles parked on the grass in violation of Section 21-705.1 of the City’s Zoning Ordinance which states “Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones, and that it shall not occupy more than 30% of a front or rear area and not more than 15% of the total lot. (c) Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.” To abate the violation all vehicles on the property must be parked in accordance with Section 21-705.1 of the City Zoning Ordinance within one day upon your receipt of this letter. Failure to abate the violation within one day or any subsequent violations of said section of the ordinance will result in legal action by the City. Please note the Williamsburg Zoning Ordinance states in part: Section 21-29 Violation and penalty. (b) The following persons shall be jointly and severally liable for any violation of this chapter that causes, permits a violation of the zoning ordinance, or fails to abate such violation after notice of such violation has been given to such person within the time frame specified in such notice: (1) Any owner who holds fee simple title to such real property, whether as sole owner or co-owner thereof; and whether such co-ownership is as a tenant by the entireties, joint tenant or tenant in common, and also including any trustee that holds title to real property, excluding, however, a trustee under any deed of trust on the property (2) Any tenant occupies the property, whether or not for compensation (3) Any person who is in charge of one or more of the development, maintenance, occupancy or use of the property. The city may proceed against any one or more of said persons for violation of this chapter, and each person proceeded against shall be punished by 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 7 of 32 317 Indian Springs October 9, 2025 Page 2 assessment of a civil penalty of $200.00 of the initial summons and $500.00 for each additional summons. Each day during which the violation is found to exist shall constitute a separate offense. If you intend to increase your driveway or parking area coverage, a revised site plan must be submitted and approved by the Zoning Administrator for the increase in parking and driveway coverage. For submittal, a site plan indicating the current and proposed impervious areas, along with the percentage of front yard and total lot area in square feet, will be required. Additionally, the type of material proposed for the parking and driveway areas must be specified. If you have any questions, please contact me at hmarkle@williamsburgva.gov or (757) 220-6131. Sincerely, Heather Markle Zoning Administrator cc: Christina Shelton, City Attorney You may have the right to appeal this letter within 30 days 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. The fee for filing an appeal is $300. Additional information regarding the filing of an appeal may be obtained in the Planning Department, located at 401 Lafayette Street, Williamsburg, Virginia 23185 or on the City of Williamsburg webpage: www.williamsburgva.gov Page 8 of 32  $ ”35’ 7% BZA# “617’? DATEW " " fl CITY OF WILLIAMSBURG IS APPLICATION FOR BOARD OF ZONING APPEALS {1? 401 Lafayette Street, Williamsburg, VA 23185-3617 (757) 220—6130Fax (757) 220—6130 311 Indian Spring Trust 311 Indian Springs Road Williamsburg, VA 23185 757-675-0855 MikeField@mikefield.com Awlication/Representative: Mike Fie'dvTFUStee Address: 1340 N. Great Neck Road 1272-384 Virginia Beach, VA 23454 Phone: 757-675—0855 Email: lVlTkeI-"reFd@'lVlikel-'Iela.com 311—Indian Spr?gsRoad Williamsburg, VA’Z3’IBB Location of Request: 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: [X] 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 ofthe appeal and specifying the action requested of the Board of Zoning Appeals. “The vehicle depicted is not on our property. It is on the adjacent vacant |ot** I I 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. I I 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 9 of 32  BZA?f?'W) DATE M34 WI :3 |/We, respectfully request that a determination be made by the Board of which is true to the best of my/our knowledge and be: Zoning Appeals for the above- noted request Tammy L. ~ ,7 ‘~ Olphen W MMM £91 M) wn‘e}s) Signature Ciwn of , . . .‘ I I NOTARYPUBLIC Commonweajth swam a “mes ofVirginia _ 10/14/25 Date Sworn before me this 14th day of October , 2025 . ‘ . I . 4‘ Q«Q X 99 3Q: ’ N ary My Commission Expires FOR OFFICE USE ONLY 9417?© 3|? ”WW-74 TAX MAP NUMBER: @LI/ ZONING: V/‘S’; DATE OF PUBLIC HEARING: (SEE ATTACHED SHEET FOR PERSON I? 71% NO IFIED) 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 May, 2024 [FORMS\BZA APPLICATION FORM] Page 10 of 32 BZA#25-004 311 Indian Springs Road December 2, 2025 Page 1 TO: Board of Zoning Appeals DATE: December 2, 2025 SUBJECT: BZA#25-004: 311 Indian Springs Road – Appeal - Occupancy This memo is submitted in response to an appeal by Mike Field Trustee of 311 Indian Springs Road Trust in response to the Zoning Administrator’s determination, dated September 22, 2025. 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 311 Indian Springs Rd., Williamsburg Tax Map Number 524-11-00-044->4, Zoned, RS-2:(Single-Family Dwelling). 311 Indian Springs Rd is located in the RS-2 Single-Family Dwelling district. The statement of intent for this district is: This district is established as a single-family residential area with 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. The permitted dwelling unit occupancy in the single-family dwelling district RS-2 is as follows: (1) A family; (2) No more than three unrelated persons; or (3) Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met. On September 20, 2025, in response to a noise complaint at 311 Indian Springs Road, Officers with the City of Williamsburg Police made contact with an initial resident upon arrival. When asked if he had any other renters living with him, the tenant advised there were “three of them”. Police identified four individuals who claimed they lived at the property – Bryce Smith, John Gorman, Jefferson Kosich, and Lucas Caldas. On September 22, 2025, a Notice of Violation was sent to the tenants and property owner for an occupancy violation for more than three unrelated persons residing at 311 Indian Springs Road. (Attachment 1: 9.22.25 NOV). Page 11 of 32 BZA#25-004 311 Indian Springs Road December 2, 2025 Page 2 On October 15, 2025, Officers with the City of Williamsburg Police made contact at 311 Indian Spring Rd with two individuals who claimed to be the parents of a tenant. The parent let the officer know “There are four seniors here.” On October 16, 2025, an appeal to the September 22, 2025 Notice of Violation was filed. The applicant notes in his appeal “All four residents were present.” Residential occupancy in a single-family detached dwelling may only be increased from three unrelated persons to four unrelated persons with administrative approval from the Zoning Administrator, subject to conditions outlined in 21-619 of the zoning ordinance. A completed application to increase residential occupancy from three to four unrelated persons at 311 Indian Spring Road has not been received or approved. On October 20, 2025, the Zoning Administrator spoke to Mike Field to request additional information and explain that a Certificate of Compliance issued from Chapter 5 Building Regulation was not a Certificate of Occupancy issued under Chapter 21 Zoning Ordinance. Mr. Field stated he was driving and would call back to discuss. On November 12, 2025, the Zoning Administrator once again followed up with a voice mail to Mr. Field to discuss the Board of Zoning Appeals case. The issue before the BZA is whether or not the Zoning Administrator has correctly determined that more than three unrelated individuals reside at 311 Indian Springs Road , specifically, as noted in the notice of violation dated September 22, 2025. Heather Markle Zoning Administrator Page 12 of 32  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department Certified & First Class September 22, 2025 The 311 Indian Springs Road Trust 1340 N Great Neck Rd PMB 384 Ste 1272 Virginia Beach, VA 23454 Jefferson Kosich 311 Indian Springs Williamsburg, VA 23185 Lucas Caldas 311 Indian Springs Williamsburg, VA 23185 John Gorman 311 Indian Springs Williamsburg, VA 23185 Bryce Smith 311 Indian Springs Williamsburg, VA 23185 RE: Number of unrelated persons living at 311 Indian Springs Rd.; Williamsburg Tax Map Number: 524-11-00-044->4 Zoned: Single-Family Dwelling District RS-2 Dear Owner of Property & Tenants It has come to our attention that more than three unrelated persons are residing at 311 Indian Springs in violation of Section 21-161.1 of the Zoning Ordinance. Section 21-161.1 of the City’s Zoning Ordinance establishes the permitted dwelling unit occupancy in the Single-Family Dwelling District RS-3 as follows: (1) Family; (2) No more than three unrelated persons; or (3) Four unrelated persons in a single-family detached dwelling if the provisions of Section 21-619 et seq. are met. A violation of Section 21-161.1 of the Williamsburg Zoning Ordinance exists as more than three unrelated persons reside at this location, which are not related by blood, adoption, marriage, or guardianship. There are no records of approval for an increase in occupancy from three unrelated persons to four unrelated persons. The maximum number of unrelated persons permitted in this dwelling is three. By this letter, you are notified that the violation of the City’s Zoning Ordinance must be corrected by October 24, 2025. 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 13 of 32 311 Indian Springs Rd September 22, 2025 Page 2 You shall immediately bring the property into compliance with the above-stated ordinance and permitted use in the RS-2 District. All tenants and the property owner must confirm the following by sworn affidavit: (1) the dates you occupied or owned the property, (2) the names of all persons who have resided on the property in the last six months, the dates of their occupancy, and their relationship to one another, (3) confirmation that the violation has been remedied and, (4) confirmation that no additional leases, subleases, or other housing arrangements have been agreed to in violation of the Zoning Ordinance. Furthermore, you must submit a copy of the current lease and any subleases. The owner may redact the yearly and monthly rental amount prior to submitting the lease and any subleases. Finally, you must allow us to confirm by inspection that compliance with the Zoning Ordinance has been achieved by October 24, 2025. Failure to comply with this notice by October 24, 2025 will result in legal action by the City for enforcement of the Zoning Ordinance. Please note the Williamsburg Zoning Ordinance states in part: Section 21-29 Violation and penalty. (b) The following persons shall be jointly and severally liable for any violation of this chapter that causes, permits a violation of the zoning ordinance, or fails to abate such violation after notice of such violation has been given to such person within the time frame specified in such notice: (1) Any owner who holds fee simple title to such real property, whether as sole owner or co-owner thereof; and whether such co-ownership is as a tenant by the entireties, joint tenant or tenant in common, and also including any trustee that hold title to real property, excluding, however, a trustee under any deed of trust on the property (2) Any tenant occupies the property, whether or not for compensation (3) Any person who is in charge of one or more of the development, maintenance, occupancy or use of the property. The city may proceed against any one or more of said persons for violation of this chapter, and each person proceeded against shall be punished by assessment of a civil penalty of $200.00 of the initial summons and $500 for each additional summons. Each day during which the violation is found to exist shall constitute a separate offense. If you have any questions, please contact me at hmarkle@williamsburgva.gov or (757) 220-6131. Sincerely, Heather Markle Zoning Administrator cc: Christina Shelton, City Attorney You may have the right to appeal this letter within 30 days 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. The fee for filing an appeal is $300. Additional information regarding the filing of an appeal may be obtained in the Planning Department, located at 401 Lafayette Street, Williamsburg, Virginia 23185 or on the City of Williamsburg webpage: www.williamsburgva.gov Page 14 of 32  BZA# ’00-! [1601’ DATE CITY OF WILLIAMSBURG APPLICATION FOR BOARD OF ZONING APPEALS 401 Lafayette Street, Williamsburg, VA 23185-3617 (757) 220-6130 Fax (757) 220-6130 Owner(s): 311 Indian Springs Trust Address: 311 Indian Springs Road Williamsburg, VA 23185 Phone: 757-675-0855 Email: MikeField@mikefield.com Application/Representative: Mike Field, Trustee Address: 1340 N. Great Neck Road 1272-384 Virginia Beach, VA 23454 Phone: 757-675-6855 Email: lV?keFrelH@lVlTkeHeld.com 3T?ndian Springs Road W??ams?urg, VF23185 Location of Request: 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: [X] 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 0f the Board OfZoning Appeals. **The property is in full compliance, see attached permit and docs.** 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 ofthe 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 15 of 32  BZA# $99M DATE W i/We, respectfully request that a determination be made by the Board of Zoning Appeals for the above-noted request which is true to the best of my/our knowledge and b ' ~ Tammy Li Olphert NOTARYPUBLIC ”I(ner(s) Ll/(:j I I/I/I I ‘ Cornmonweahhotw ini3 ' Hewazzseég 10/14/25 Cam, Exp,Pub, 26, 2026 Signatu ofO Date Sworn before me this 14th day of October , 2025 A pf 9.312999% N ary My Commission Expires FOR OFFICE USE ONLY TAX MAP NU BER: 944?) 789-39 ’9— ZONING: @$ ’9. 6 i i1000w; LP DATE OF PUBLIC HEARING: (SEE ATTACHED SHEET FOR PERSONS Dis/”)8 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 May, 2024 [FORMS\BZA APPLICATION FORM] Page 16 of 32  Response to Alleged Occupancy Violation The 311 Indian Springs Road Trust 1340 N. Great Neck Road 1272-384 Virginia Beach, VA 23454 September 24, 2025 City of Williamsburg Planning and Codes Compliance Department Heather Markle 401 Lafayette Street Williamsburg, VA 23185 Re: Response to September 22, 2025 Letter Regarding Alleged Occupancy Violation Property Address: 311 Indian Springs Road To Whom It May Concern: I write in response to the City’s letter dated September 22, 2025 alleging a violation of the three-person occupancy limit at the above-referenced property. Respectfully, the allegation is misplaced. As documented in the attached Application for Residential Occupancy Permit and the Certificate of Compliance issued by the City, the owner applied for, the property meets the criteria and the property received approval for occupancy by four unrelated residents. The owner’s agent, Michael Field, personally met with the City’s rental inspector during the inspection. At that time: - All four residents were present. - A smoke detector was required to be added to the fourth bedroom during the inspection - Four full bedrooms were furnished. - Four vehicles were parked in the driveway. At no point did the residents or the owner’s agent attempt to conceal or misrepresent the number of occupants. To the contrary, all required documentation was submitted months in advance, and the inspection was specifically requested and paid for by the property owner. Following the inspection, the City issued a valid certificate confirming that the property was in fact in compliance with the applicable rental occupancy program requirements. For the City’s convenience, I have attached another copy of the application, supporting Page 17 of 32 documentation and certificate of compliance. The individuals named in your letter are the same tenants as disclosed within the submitted lease agreement. These demonstrate that the property remains authorized for four residents, consistent with the inspection and documentation on file. Accordingly, we respectfully request that the City withdraw the alleged violation and confirm the property’s continued compliance. To the extent another application must be submitted, consider the enclosed a secondary application under the code with a prior compliance inspection duly completed in advance. Thank you for your attention to this matter. Please do not hesitate to contact me if additional information is needed. Sincerely, The 311 Indian Springs Road Trust Michael Field, Trustee Attachments: 1. May 2025 Residential Occupancy Permit Application – 311 Indian Springs Road A. Floorplans and lot drawings B. Lease Agreement 2. September 2025 Certificate of Compliance – 311 Indian Springs Road Page 18 of 32  X x X Page 19 of 32 Page 20 of 32 Firefox https://outlook.office.com/mail/inbox/id/AAQkADA4MmIyNGIxLTB... 1 of 1 9/30/2025, 5:42 PM Page 21 of 32 Page 22 of 32  Page 2 of 4 - Residential Occupancy Permit Number: RO #____________ Submittal Requirements X Floor plan showing the location, name, dimensions and floor area of all rooms. X A plot plan showing the location of the house, the location of on- and off-site parking, the lot coverage of the driveways and parking areas, and the location of trash and recycling containers. The lease specifically denies on street parking. Do not issue parking stickers for this address without owner's permission. Qualification Requirements X The house is the only dwelling unit on the lot. X The house is located in a rental inspection district. X The house has a floor area of at least 2,000 square feet (excluding garages, unfinished basements, or other unfinished areas). X Four parking spaces are provided (on-street spaces need to be 8’ by 18’, and off- street spaces need to be 9’ by 18’). X Trash and recycling containers are enclosed by a fence or wall. X The requirements of the Virginia Uniform Statewide Property Maintenance Code and the City’s Rental Inspection Program have been met. Page 23 of 32  Page 3 of 4 - Residential Occupancy Permit Number: RO #____________ Conditional Certificate of Occupancy Requirements When all of the submittal and qualification requirements have been met, the Zoning Administrator will issue a conditional certificate of occupancy. This gives the owner or agent permission to lease the property to four unrelated persons. This conditional certificate will expire in 30 days from the proposed occupancy date in the application. This may be extended for 30 days upon good cause shown and after a written request by the owner. Final Certificate of Occupancy Requirements (required prior to occupancy by fourth person) X Copy of the written lease for the four occupants containing the names and the telephone numbers for each of the occupants (only occupants that are signatories to the lease can live in the house). If the occupants change during the duration of the lease, or if a new lease or sublease is signed, the owner shall provide the Zoning Administrator with a copy of the updated lease or sublease, and the name and telephone number of the new occupant(s). The fourth unrelated person cannot occupy the dwelling prior to a new lease or sublease and occupant information being provided to the zoning administrator. The owner may redact from the lease or sublease the yearly and monthly rental amount prior to submitting the lease to the Zoning Administrator. An affidavit stating that the pamphlet outlining the requirements of this section has been given to each of the occupants, and the date(s) that this was done. Completed form signed by all occupants acknowledging that they have read, understand and agree to comply with the requirements of the program. The house has been inspected by the Zoning Administrator. The duration of the certificate of occupancy shall not exceed four years, and shall expire on May 31 of the fourth year. Renewal shall require the issuance of a new certificate of occupancy. Revocation of Certificate of Occupancy If at any time the dwelling does not meet the requirements of the applicable regulations, or the owner, agent or occupants of the property fail to fully comply with the provisions of this section, the certificate of occupancy shall be revoked and the normal occupancy limit of three persons shall be enforced. Any owner or agent, whose certificate under this section has been revoked under this paragraph, shall not be eligible to receive a new certificate for that dwelling for a period of four calendar years. A certificate may be applied for after the four year period of time, or, an application may be submitted by the owner or agent for that dwelling prior to that four year period of time if the property has been sold by the previous owner to a third party purchaser in an arms length transaction. The four year period will continue if such sale was made to a legal entity of which the previous owner or agent has any ownership stake or made to a close family member of the previous owner or agent. Page 24 of 32  Page 4 of 4 - Residential Occupancy Permit Number: RO #____________ OTHER REQUIREMENTS Subleases All subleases must be in writing. The sublease must clearly state the name and telephone number of the vacating tenant, the name and telephone number of the new tenant, and must contain the starting and ending date of the sublease. The owner or tenant shall provide a copy of the sublease to the Zoning Administrator prior to the effective date of the sublease. Annual Inspections The house shall be inspected by the Zoning Administrator annually. The Zoning Administrator shall arrange to inspect the property with the owner and/or occupants. Complaints Repeated, founded complaints of excessive noise, litter, or other violations of the City Code, violations of the Virginia Uniform Statewide Building Code or the Virginia Statewide Fire Prevention Code, or other behaviors constituting a nuisance under the city code and Code of Virginia, shall be cause for the revocation of the certificate of occupancy. A complaint is founded when, after an investigation by the police, fire marshal, building inspector, zoning administrator, or other appropriate member of city staff, it is determined that it is more probable than not that the violation has occurred. If the Zoning Administrator receives a complaint that more than four occupants are residing at the dwelling, and after investigation the Zoning Administrator deems the complaint to have been made in good faith and with reasonable cause, the Zoning Administrator shall provide notice to the occupants of the property that an inspection of the property has been scheduled, and provide the time wherein the property shall be inspected. Posting of the notice on the front door of the property by the Zoning Administrator shall constitute sufficient notice. The Zoning Administrator will make reasonable efforts to contact the owner and provide the owner with the notice that the property will be inspected. However, failure of the owner to receive notice that the property is scheduled for an inspection shall not cause the inspection to be postponed or cancelled. The occupants of the property shall permit the inspection of every room of the dwelling for the sole purpose of determining the number of people residing at the property. No inspection shall be conducted by the Zoning Administrator with less than 24 hours notice to the occupants that such an inspection has been scheduled. Page 25 of 32  Firefox about:blank Page 26 of 32 1 of 2 9/15/2025, 3:44 PM  Firefox about:blank Page 27 of 32 2 of 2 9/15/2025, 3:44 PM Page 28 of 32  MINUTES City of Williamsburg Board of Zoning Appeals July 1, 2025 A meeting of the Board of Zoning Appeals was held on July 1, 2025, 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, Allen Murphy, Lori Forcucci, and Robert Lane Staff Attending: Zoning Administrator Heather Markle MATTERS OF SPECIAL PRIVILEGE A. Electronic participation of Allen Murphy *Due to a technical issue with the system, Mr. Murphy was not able to participate in the meeting. Moved by Jallo, seconded by Forcucci, to allow the electronic participation of Allen Murphy due to personal travel in Virginia. Carried 5-0-0 by a roll call vote: Ayes: Morgan, Jallo, Murphy, Forcucci, and Lane 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#25-002: Request of Forest & Shelly Braden for a special exception per Section 21-604 of the Zoning Ordinance to allow an accessory apartment within the single-family detached dwelling for family related by blood or marriage. The property is located at 704 Powell St., Williamsburg Tax Map Number 524-04-00-B, and is zoned, Single Family Dwelling District RS-2. Zoning Administrator Heather Markle presented the case to the Board. She stated that this is a request of Forest & Shelly Braden for a special exception per Section 21-604 of the Zoning Ordinance to allow an accessory apartment Page 29 of 32  within the single-family detached dwelling for family related by blood or marriage. The property is located at 704 Powell St and is zoned, Single Family Dwelling District RS-2. Ms. Markle stated that in reaching a decision the Board should consider the requirements of Section 21-604 and the applicable requirements of section 21-97(f) to determine if the proposal is consistent with the intent of the RS-2 district. She stated that the applicant notes that this is their primary residence, and the accessory apartment will be occupied by related family members. Ms. Markle informed the Board that 704 Powell is a single-family detached home with no current accessory apartments and the proposed accessory apartment is within the allowable 800 square feet and accessible via the interior of the home. Ms. Markle confirmed that the applicant has agreed to record an agreement to remove the kitchen facilities at the termination of the special exception. She also noted that the applicant has agreed to comply with all requirements of Section 21-604 of the Zoning Ordinance for the ongoing use of the accessory apartment. Ms. Markle stated that a site plan has been submitted for the layout of the accessory apartment and all exterior changes have been approved by the Architectural Review Board. She stated that staff recommends approval of a temporary special exception request BZA#25-002 to allow the establishment and maintenance of an accessory apartment during the time of allowed occupancy by Forest & Shelly Braden based on the criteria contained in Section 21-97(f)2 of the Zoning Ordinance and the analysis contained in the staff memo. David Stemann, architect, presented a letter of support from a neighbor and was present to answer any questions. The Board had no questions for the application, representative or staff. Moved by Forcucci, seconded by Jallo, to approve the special exception request BZA#25-002 to allow the establishment and maintenance of an accessory apartment during the time of allowed occupancy by Forest & Shelly Braden based on the criteria contained in Section 21-97(f)2 of the Zoning Ordinance and the analysis contained in the staff memo. Carried 4-0-0 by a roll call vote: Ayes: Morgan, Jallo, Forcucci, and Lane Absent: Murphy UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes for June 3, 2025 Moved by Jallo, seconded by Forcucci, to approve the June 3, 2025, minutes as amended. Carried 4-0-0 by a roll call vote: Board of Zoning Appeals July 1, 2025 Page 2 of 3 Page 30 of 32  Ayes: Morgan, Jallo, Forcucci, and Lane Absent: Murphy ADJOURNMENT Chair Morgan adjourned the meeting. Melinda Morgan, Chair - Board of Zoning Appeals Board of Zoning Appeals July 1, 2025 Page 3 of 3 Page 31 of 32  CITY OF WILLIAMSBURG PLANNING DEPARTMENT 2026 BOARD OF ZONING APPEALS SCHEDULE MONTH SUBMITTAL DATE MEETING DATE Noon 4:00 P.M. Friday as noted below to 1st Tuesday of Month PLANNING DEPARTMENT STRYKER CENTER January, 2026 December 12, 2025 January 6, 2026 February January 9 February 3 March February 6 March 3 April March 13 April 7 May April 10 May 5 June May 8 June 2 July June 12 July 7 August July 10 August 4 September August 7 September 1 October September 11 October 6 November October 9 November 3 December November 6 December 1 January, 2027 December 11, 2026 January 5, 2027 *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 32 of 32