Board of Zoning Appeals

AGENDA City of Williamsburg Board of Zoning Appeals Tuesday, January 6, 2026 A meeting of the Board of Zoning Appeals will be held Tuesday, January 6, 2026 in the Stryker Center, 412 N. Boundary Street commencing at 4:00 P.m. Page CALL TO ORDER ROLL CALL ELECTION OF OFFICERS OPEN FORUM PUBLIC HEARINGS A. BZA#26-001: Request of Julie King for a special exception pursuant to 2 - 11 Section 21-896 of the Zoning Ordinance to enlarge the existing nonconforming dwelling. The applicant proposes to construct an addition 19 feet 8 inches from the front property line and 19 feet 10 inches from the rear property line. The property is located at 1 Ballard Lane, Williamsburg Tax Map Number 495-03-00-F, and is zoned, Single-Family Dwelling District RS-2. UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes December 2, 2025 12 - 18 ADJOURNMENT  C ITY OF W ILLIAMSBURG Planning and Codes Compliance Department TO: Board of Zoning Appeals DATE: January 6, 2026 SUBJECT: BZA#26-001: Julie King 1 Ballard Lane - Special Exception This is a request of Julie King for a special exception pursuant to Section 21-896 of the Zoning Ordinance to enlarge the existing nonconforming dwelling. The applicant proposes to construct an addition 19 feet 8 inches from the front property line and 19 feet 10 inches from the rear property line. The property is located at 1 Ballard Lane, Williamsburg Tax Map Number 495-03-00-F, and is zoned, Single-Family Dwelling District RS-2. Section 21-167 states the following: The yard requirements in the single-family dwelling district RS-2 are as follows: (1) Front. There shall be a front yard of not less than 35 feet. (3) Rear. a. There shall be a rear yard of not less than 25 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-2. The statement of intent for this district is as follows: “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 401 Lafayette Street, Williamsburg, Virginia 23185-3617 / (757) 220-6130 / fax (757) 259-3798 / planning@williamsburgva.gov Page 2 of 18 BZA#26-001 King January 6, 2026 Page 2 ends, development is limited to a relatively low density and permitted uses are limited basically to providing homes for the residents. Certain additional uses that may be compatible with single-family neighborhoods, such as churches, schools and day care centers, may be allowed with the issuance of special permits.” (b) Uses in the area immediately surrounding the property in question; All adjacent lots are zoned Single-Family Dwelling District RS-2. (c) Amount of traffic to be generated; N/A (d) Number of people to be employed; and N/A (e) Hardship that would result from the denial of the special exception. MAJOR QUESTIONS BEFORE THE BOARD Section 21-97(f)(2) states that a special exception shall not be approved by the Board of Zoning Appeals unless it is found that: (a) It is designated, constructed, and operated to adequately safeguard the health, safety and welfare of the occupants of the adjoining and surrounding property; (b) It does not unreasonably impair an adequate supply of light and air to adjacent property; (c) It does not increase public danger from fire or otherwise unreasonably restrict public safety; (d) It does not impair the established property values in surrounding areas. The Board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted as it deems necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will be continued to be complied with. ANALYSIS The minimum required lot area in the RS-2 single-family dwelling district is 10,000 square feet. The parcel located at 1 Ballard Lane contains 5,097 square feet. The parcel and dwelling do not conform to current lot area and setback requirements and is therefore legally nonconforming within the RS-2 District. The dwelling is located 18.3 feet from the front property line and 14.9 feet from the rear property line. The proposed addition will not encroach further into the front or rear setbacks than the existing structure and will comply with all applicable side yard setback requirements. The applicant indicates that the addition is intended to provide a first-floor primary bedroom suite to support aging in place. Review and approval by the Architectural Review Board will be required for building design and materials. Page 3 of 18 BZA#26-001 King January 6, 2026 Page 3 STAFF RECOMMENDATION Staff recommends approval of the special exception request for BZA#26-001. Heather I Markle Zoning Administrator Page 4 of 18  ”7454 BZA# 9L8’DDI DATEW 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): Cut/mam mamaTrustu rm H. to Roccl - Address: 30.04343 City, Md zowb Zia, 5r Marx/‘3‘ Phone: 240 653’ mm Email: gkmag; Srmm. ed M App]ication/Representative: Address: Phone: Email: Location of Request: 1 ELIIIC'LFCI «(I ‘23l?fa Lame, NdliCtrrrérDLu/tj7 ATTACH PLAT OR DETAILED DRAWING OF PROPERTY SHOWING EXISTING STRUCTURES, PROPOSED STRUCTURES, SET BACK LINES AND ENCROACHMENTS. THE FOLLOWING REQUEST IS MADE TO THE BOARD OF ZONING APPEALS FOR: [ ] AN APPEAL TO AN INTERPRETATION OF THE ZONING ORDINANCE, ZONING MAP, OR AN APPEAL OF AN ADMINISTRATIVEDECISION. Provide narrative statements describing the nature and purpose of the appeal and specifying the action requested of the Board of Zoning Appeals. [ ] A VARIANCE RELATING TO Provide narrative statements demonstrating that the requested variance meets each of the following tests: 1. The property was acquired in good faith. 2. Narrowness, shallowness, topographic conditions, size of the property or shape of the property at the time of the effective date of the Zoning Ordinance or use/development of the property immediately adjacent creates a hardship. 3. The strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the use of the property. 4. The above described hardship does not result from the actions of the owner(s). 5. The degree of variance requested is the minimum needed to remove the hardship. If not, why is more needed? 6. Granting the variance would not adversely impact adjacent properties. m A SPECIAL EXCEPTION FOR Sec. 11 (‘X51to 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 ' . " —K}1\¢“——J Page 5 of 18 I/We, respectfully request that a determination be made by the Board of Zoning Appeals forthe above-noted request which is true to the best of my/our knowledge and belief. ?lm”a“ l» ;J Signatureo Sworn before me this Owner(s) [a day of WW ,M®i HEATHE NICHOLE 7845630 NOTARY PUBLIC REG.# ' MOORE R Notary OW\730\ 902/2 My Commission Expires FOR OFFICE USE ONLY 94M. Lama”), TAX MAP NUMBER: LIQQ ’UB'OO’F ZONING: 9S a1. DATE OF PUBLIC HEARING: IQ' U’Z‘P NOTICES MAILED: | ’1 I917 I9~l (SEE ATTACHED SHEET FOR PERSONS NOTIFIED) 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 6 of 18 1 Ballard Lane Building Addition- Special Exception Project Description The proposed building addition (314sf) will provide a primary bedroom suite at the first floor, conducive to aging in place. The single-story building form and position of the addition is intended to be deferential to the primary volume. The front and rear walls of the addition recede from the established building, and the detailing of fenestration and trims is less ornate. Page 7 of 18  19'-8" 10'-4" ADDITION 314sf 13'-2" 19'-10" C1.02 1 Ballard Lane STEMANN PEASE Addition Concept A 1ft 0 8ft A R C H I T E C T U R E Page 8 of 18 Page 9 of 18 Page 10 of 18  19'-8" 10'-4" ADDITION 314sf 13'-2" 19'-10" C1.02 1 Ballard Lane STEMANN PEASE Addition Concept A 1ft 0 8ft A R C H I T E C T U R E Page 11 of 18  MINUTES City of Williamsburg Board of Zoning Appeals December 2, 2025 A meeting of the Board of Zoning Appeals was held on December 2, 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, Board Member Robert Lane, and Allen Murphy The following members were absent: Vice-Chair Michael Jallo and Lori Forcucci Staff Attending: Zoning Administrator Heather Markle and Assistant Planner Heather Moore OPEN FORUM Chair Morgan opened the open forum; no one was present to speak, and the open forum was closed. Chair Morgan reviewed the meeting processes. PUBLIC HEARINGS A. BZA#25-003: Request by Mike Field for an appeal of 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). Zoning Administrator Heather Markle stated that this is an appeal by Mike Field of 311 Indian Springs Road Trust in response to the Zoning Administrator’s determination, dated October 9, 2025. She stated that the determination stated that a vehicle was parked on the grass in violation of Section 21-705.1 of the Zoning Ordinance. Ms. Markle stated that on October 6, she observed a vehicle parked on the grass at 311 Indian Springs, and she based her determination of the vehicle's location on the aerial image from the City GIS Mapping. She stated that the access point of the 317 Indian Springs parcel is marked with a red arrow, and the parking location on 311 Indian Springs is marked with a green arrow (image was provided in the agenda packet). Ms. Page 12 of 18 Markle stated that the vehicle parked in the grass on the October 6, 2025 photo is a Black Ford F150 with license plate 555-BCTL. She stated that the vehicle is routinely parked in the driveway of 311 Indian Springs Road. She noted that 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. The Board had no questions for staff. Chair Morgan opened the public hearing. Mike Field, owner, submitted documents for staff and the Board to review. He stated that everyone can agree that there is no car parked on the grass as there is no grass there. He stated that the date in question was parent's weekend for William & Mary. He stated that he owns the three adjoining parcels and has locked the gate because of trespassing issues. Mr. Field stated that there is a curb cut placed by the city since the 1980s and stated it was put there to allow vehicular access to the garage behind 311 Indian Springs. He stated that his tenants are afraid of upsetting the neighbors and Mr. Field gave them access for their parents to park their cars there. Mr. Fields stated that the reason for the appeal is that he believes he is not in violation as described in the brief. The Board had no questions for the appellant. Missy Carr, 316 Indian Springs Road, thanked the board and zoning administrator for trying to protect the vulnerable neighborhoods. She discussed additional parking violations she has witnessed, which occurred outside the occurrence the zoning administrator witnessed. Ms. Carr also noted additional events that disrupted the neighborhood's peaceful atmosphere, which were caused by the students. Mr. Fields left the meeting. Ms. Carr noted the interruption and continued by reviewing the notice of violation issued by the Zoning Administrator to the property owner. Ms. Carr stated that another violation occurred in early November. Jim Heller, 328 Indian Springs Road, stated that the applicant seems to be unaware of what is happening at his property, and only focuses on one occurrence. Mr. Heller stated that the property ownership has changed and now Mr. Fields is a trustee, which means it is a business. David Trichler, 324 Indian Springs Road, stated that he knows the student renters personally, and he is also their teacher. He stated that he was informed that the landlord had informed them that visitors could park on Board of Zoning Appeals December 2, 2025 Page 2 of 7 Page 13 of 18 additional lots. Mr. Trichler stated that he was told, the landlord instructed the students that they were allowed to unlock the gate and park on the property. David Kranbuehl, 201 Harrison Ave, stated that he owned a property that was turned into three separate units and spoke to his experience renting the property. Mr. Kranbuehl spoke to the allowance of renting a dwelling and why there is a problem in this situation. Diane Jacobsen, 139 Indian Springs Road, stated that the residents of Indian Spring try to respect the other neighbors when they host larger events by getting parking permits, etc. She stated that she wishes that the owner of 311 Indian Springs would do the same along with his tenants. Joe Hamen, 130 Indian Springs Road, praised the zoning board for preserving the neighborhood as a community amid dramatic changes. He stated that the community is becoming fractured and it's not just over parking. Bill Carr, 316 Indian Springs Road, stated that he lives directly across from the Hornsby house. He noted his past tenure on the Board of Zoning Appeals. Mr. Carr mentioned the garage Mr. Fields noted and stated that the previous owners never had cars near it; he stated that it is now overgrown with vegetation. He highlighted that vehicles are illegally parked multiple times outside of the zoning administrator's observation. Mr. Carr volunteered additional photographic evidence. Joe Hertzler, 605 College Terrace, noted that he has lived in the city since 1998 and is moving outside the city because of these kinds of issues that keep occurring in the city. He stated that they have given up the fight. Mr. Hertzler stated that the city needs to hold people accountable and that accountability is what is going to keep the city nice. He noted that they are just heartbroken to leave the city because they cannot face these issues anymore. Chair Morgan closed the public hearing. Mr. Murphy inquired if staff had time to review the packet presented by the applicant. Ms. Markle stated that she the packet had just be given to staff during the meeting and staff has not had time to review it. She stated that she photographed the vehicle herself and is confident in her determination. The Board had no further questions. Moved by Lane, seconded by Murphy, to uphold the determination of the Zoning Administrator for BZA#25-003. Carried 3-0-0 by a roll call vote: Ayes: Morgan, Lane, and Murphy Absent: Jallo and Forcucci Board of Zoning Appeals December 2, 2025 Page 3 of 7 Page 14 of 18 B. BZA#25-004: Request by Mike Field for an appeal of 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). Zoning Administrator Heather Markle stated that this is an appeal by Mike Field Trustee of 311 Indian Springs Road Trust in response to the Zoning Administrator’s determination, dated September 22, 2025. She stated that 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. Ms. Markle stated that the property is located at 311 Indian Springs Rd., Zoned, RS-2 and 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. Ms. Markle stated that 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. Ms. Markle noted that 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.” Ms. Markle stated that on October 16, 2025, an appeal to the September 22, 2025, Notice of Violation was filed and the applicant notes in his appeal “All four residents were present.” Ms. Markle noted that 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. She stated that a completed application to increase residential occupancy from three to four unrelated persons at 311 Indian Spring Road has not been received or approved. Ms. Markle stated that 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. Chair Morgan clarified which application was incomplete, the BZA appeal or the request for a four-person rental. Ms. Markle clarified that the BZA appeal package was complete; however, the BZA appeal included an incomplete application for an increase in occupancy to four-persons back-dated to May. She stated that it was the first time staff had been provided the application for occupancy increase. She noted that documents required as part of the occupancy increase application were not included. The lease, owner agent affidavits, tenant rental agreements, and zoning administrator inspection were Board of Zoning Appeals December 2, 2025 Page 4 of 7 Page 15 of 18 missing from the occupancy application. Staff reached out to the applicant to request those documents, but did not receive a response. Mr. Lane clarified that they are only determining that four persons are currently living in the dwelling, not anything else. Ms. Markle confirmed that is correct. Mr. Murphy inquired about the Codes Compliance certificate of approval that was included in the packet. Ms. Markle stated that the Codes Compliance division completes an inspection of rental properties for safety issues every four years under the state building code, and is not charged with occupancy or zoning use issues, and functions under a separate section of the city code. Ms. Markle confirmed that a Certificate of Occupancy for four unrelated persons can only be issued from the Zoning Administrator through the provision of Sec. 21-619. Mr. Murphy stated that the owner admits in his statement that four persons are renting the dwelling. Ms. Markle confirmed she read the statement the same way. Chair Morgan opened the public hearing. Jim Heller, 328 Indian Springs Road, inquired about penalties the property owner will receive per section C & D. Chair Morgan noted that the Board is only taking statements at this time according Robert's Rules of Order. Missy Carr, 316 Indian Springs Road, stated that it appears to her that it is a privilege to have the ability to have a four-person rental, and there are certain rules to follow. She stated it does not appear that the owner cares about this process. Ms. Carr wondered why someone so callous would be granted such a privilege. David Trichler, 324 Indian Springs Road, stated that the students affirmed to him back in June that four people would be present, well before any efforts were made. He stated that he feels the owner is careless. Mr. Trichler stated that the students are caught in a horrible situation, and the owner is not taking care of the property, the neighborhood, nor the students. Bill Carr, 316 Indian Springs Road, stated that he passes the house every day and sees at least four cars and four people on the property 24/7 since August 1. Mr. Carr stated that he is installing a trail camera to provide evidence that more than four persons are present. Mr. Carr walked through the application submitted, noting the errors that were made by the applicant. He stated that the trash containers are not enclosed, and now the neighborhood is seeing rats. Mr. Carr asked that conditions be placed so that the owner cannot receive a four-person allowance and be charged the fees that are assigned. He noted that the owner has not tried to rectify the situation nor asked for forgiveness. Board of Zoning Appeals December 2, 2025 Page 5 of 7 Page 16 of 18  Chair Morgan closed the public hearing. Ms. Markle acknowledged Mr. Trichler’s comments and confirmed that every interaction staff has had with the tenants has been respectful and positive. Ms. Markle stated that the property is currently not permitted as a dwelling for four unrelated persons. She responded to Mr. Carr’s comments that there is not a violation for the trash not being enclosed, as that is only a requirement for rental homes in the four-person program, which has not been reviewed or approved at this address. Chair Morgan inquired about the penalties as stated in the violation letter. Ms. Markle stated that at this time, the city is not seeking fines as we work to resolve the appeal to this notice of violation. There was a short discussion regarding penalties. Mr. Murphy confirmed that at no time was there an approval from the Zoning Administrator for four persons to live in the house. Ms. Markle confirmed that is correct. Mr. Lane stated that the review is pretty simple: there are four people living there, the landlord agrees, the tenants agree, and the police agree that the decision seems obvious. Moved by Murphy, seconded by Lane, to uphold the Zoning Administrator determination for BZA#25-004. Carried 3-0-0 by a roll call vote: Ayes: Morgan, Lane, and Murphy Absent: Jallo and Forcucci UNFINISHED BUSINESS NEW BUSINESS Meeting Minutes for July 1, 2025 Moved by Morgan, seconded by Lane, to approve the minutes as amended. Quorum Not Met 2-0-1 by a roll call vote: Ayes: Morgan and Lane Abstain: Murphy Absent: Jallo and Forcucci A. 2026 BZA Schedule ADJOURNMENT Chair Morgan adjourned the meeting at 4:54pm Board of Zoning Appeals December 2, 2025 Page 6 of 7 Page 17 of 18 Melinda Morgan, Chair - Board of Zoning Appeals Board of Zoning Appeals December 2, 2025 Page 7 of 7 Page 18 of 18