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Planning commission recommends short-term rental SUP for Cypress Drive property despite split vote

3654598 · April 3, 2025
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Summary

The commission recommended approval of a special use permit allowing the short-term rental of one bedroom at 7649 Cypress Drive. Staff opposed the permit’s consistency with the comprehensive plan; commissioners split and recommended approval to the Board of Supervisors.

The James City County Planning Commission voted to recommend approval of Special Use Permit 24-0034, allowing short-term rental of one bedroom in an owner-occupied, three-bedroom residence at 7649 Cypress Drive, after the applicant explained she had previously operated under an earlier permit that expired.

Staff told the commission the property is zoned A-1 (General Agricultural) and lies outside the primary service area; staff noted the application was “not fully consistent” with the 2045 Comprehensive Plan and therefore could not recommend approval. Staff nevertheless provided recommended conditions intended to limit impacts, including restrictions on the number of rental rooms and occupants and a requirement that the owner live on-site during rentals.

The applicant, Sharon Elliott, told the commission she had a previously approved SUP in July 2023 and that a misunderstanding about an updated certificate of occupancy led to the former SUP becoming void. She said she had rented the room without incident and had letters of neighbor support.

Commissioners debated the consistency of short-term rentals with the comprehensive plan and residential character of rural lands. Commissioner Everson voiced strong opposition, citing comprehensive-plan inconsistency and concerns about commercial activity in residential neighborhoods; other commissioners said the application presented limited impacts and recalled the earlier approvals by the commission and Board of Supervisors.

A roll-call vote recorded five votes in favor and one opposed: Mister Pollster (Aye); Mister Rogers (Aye); Mister Everson (No); Mister May (Yes); Doctor Haskins (Aye); Doctor Allman (Aye). The commission’s recommendation now goes to the Board of Supervisors for final action.