Council Breaks from 3-Person Rule Options, Creates Another

By Amber Lester Friday, December 11, 2009

Presented with three options to change Williamsburg’s three-person occupancy rule, the City Council approved a previously unseen fourth option at its Thursday meeting.

The council voted 3-2 to combine elements of two options to allow four unrelated roommates to live together in single-family homes and in multifamily dwellings in the B-3 mixed business district.

The combined option will add an administrative approval process; eliminate requirements for a certain amount of bedrooms or bathrooms; require a rental home in single-family neighborhoods be at least 2,000 square feet; and require a certificate of occupancy with a four-year duration. Currently, 31 rental properties fitting the description exist in the city.

Prior to the vote, Planning Director Reed Nester presented Council with its three options:

• Keep the current three-person rule.

• Increase the residential occupancy from three to four unrelated persons if certain conditions are met.

• Maintain the three-person limit in all zoning districts except B-3, a mixed business zone.

In August, City Council asked the Planning Commission to explore option 2. After three public hearings and three work sessions, the commission came to consensus to recommend option 3. They did not explore some unresolved questions about option 2, including determining an approval process, because the commission unanimously agreed they did not like the second option.

Thursday’s vote came after more than two hours of contentious public comment and debate. The council chambers of the Stryker Building were packed, with students filling mostly the right side and residents lining the left.

Prior to 1983, the city had no limitation on unrelated people living together in single-family dwellings. From 1983 to 1991, no more than four unrelated persons could live together. In 1991, the city adopted the three-person rule, partially motivated by James City County’s adoption of a three-person limitation, according to Nester.

Since 1991, residents have increasingly complained about raucous students moving into family neighborhoods and students have complained about residents presuming they will behave poorly just because they are students. Unable to properly enforce the law, council decided to explore alternatives in November 2008.

The opposing views were clear during the public hearing, during which 19 people spoke passionately about student behavior, community-student relations and respect.

Emily Gottschalk-Marconi, a member of the Student Assembly, said students were concerned about the availability, affordability and accessibility of housing close to campus. She said proper enforcement of any rule was paramount. “We will not be satisfied with this rule any longer,” she said.

Joshua Karp, a junior at the college and member of Students for a Better Williamsburg, said the problem with the three-person rule is its treatment of students. “The problem is a matter of respect,” he said. “The three-person rule engenders disrespect for students.”

On the other side of the aisle, residents overwhelmingly advocated to retain the three-person rule. They feared a four-person rule would make single-family neighborhoods vulnerable to buyers hoping to become landlords. “The four-person rule proposal is not unlike a shark circling a dinghy,” said Terence Wehle, a former candidate for council. “Neighborhoods will be waiting to see who will get tossed to the sharks.”

Wehle and several other speakers argued students didn’t need to look to single-family neighborhoods for rental housing. Rental agencies, including Lawson Properties, say there are plenty of rental properties close to the college that are vacant. Furthermore, several apartment owners expressed disapproval of a four-person rule.

Stewart Goddin, who has attended most meetings concerning the three-person rule, questioned why the city needed to help students rent single-family homes. “Is it some moral right for students to live not in an apartment or a dorm, but a house?” he asked, adding he would have been glad to rent a home within walking distance from his job, but instead lived miles away.

When the public hearing closed, council members discussed their feelings on the issue. Zeidler, Freiling and Haulman liked the four-person option dismissed by the Planning Commission because it could create better opportunities for enforcement.

Judy Knudson was in favor of keeping the three-person rule. She said she had met students over the summer who seemed unfazed about living in defiance of the law. “I think the arguments against [the four-person rule] are more compelling,” she said.

Haulman made a motion to combine parts of option 2 and 3. Presented with a new option, Braxton asked to table the issue, but his motion was not seconded. After some debate, the council members settled on limiting the acceptable square footage to 2,000 square feet, instead of Haulman’s suggestion of 1,500 feet.

As council prepared to vote, audience member Bill Dell raised his hand and asked if the public could be allowed to make comment on the new option. Zeidler said no, and the members voted. Following the vote, the residents left the room, while students waited to thank council for its decision.

Goddin said it was clear the members had a secret agreement. “Why did they put so many residents through thousands of hours if they were just going to blow it all off?” he said.

His wife, Flora Adams, said the members didn’t even know what they had voted on, and said her next step will be to drum up support for new council members. “I won’t be voting for them,” she said.

After the meeting, Students for a Better Williamsburg member Michael Douglas called the vote “an enormous step forward.” “Given the composition of the audience, it was a courageous thing to do,” he said.

Student Assembly President Sarah Rojas released a statement praising council’s efforts to “close the divide” between the community and students. “The Student Assembly would like to see this ordinance expanded to affect more people and after today’s discussion, it is clear that several members of the City Council agree,” she wrote. “City Council’s decision today is the most influential step in the past 20 years toward creating opportunities for future collaborations with the college, City Council, residents and landlords.”