Planning commission backs two special exceptions to allow two-story homes on substandard lots in Newport News

The Newport News Planning Commission voted unanimously Oct. 15 to forward recommendations of approval to the Board of Zoning Appeals for two special exceptions allowing Toby Homes LLC to construct two‑story single‑family detached dwellings on nonconforming lots with less than 50 feet of frontage.

Planning staff presented the applications — listed in the staff report as “SE2025‑0013” and “SE2025‑0014” and associated in the report with properties recorded as “132420 Fifth Street” and “134320 Fourth Street” — and said each parcel contains about 0.0861 acres and is a 37.5‑foot‑wide lot of record. Staff said both proposals meet the ordinance criteria for the exception, and recommended approval subject to nine conditions, including submission of final building elevations to the Department of Planning, brick foundation and first‑floor material, a six‑foot‑deep front porch, a hip roof, and heavy‑gauge siding (minimum 0.44 millimeters). Each plan includes an attached garage recessed 18 feet from the front of the dwelling.

“Today I’m presenting application SE2025‑13 by Toby Homes, the applicant and the owner, to construct a 2‑story single‑family detached dwelling on a nonconforming lot of record with less than 50 feet of frontage,” Planning staff said during the presentation. The staff report described side building setbacks of 5.25 feet on both sides and a proposed front‑yard setback of about 13 feet for one lot and 12.9 feet for the other, meeting the block average and the 10‑foot minimum required by the ordinance.

During public comment, neighbors said the wave of infill construction of small lots in the East End is changing the street character and reducing on‑street parking. Faye Blackwell, who identified her address as 133020 Sixth Street, said she worried that “it looks awfully small” and asked whether construction of many narrow houses “is gonna become the norm” and what that would do to neighborhood appearance and maintenance. Terrence Moore, who said his family has owned a property on 20 Fourth Street for more than 50 years, told commissioners that recent site conditions — overgrown grass and trees — had already caused damage to his property and that tight construction would be difficult for adjacent homeowners.

Developer representative Roy Graves said the company planned typical construction protections — sediment fencing, an on‑site project manager during work, and willingness to discuss driveway design and tree removal with neighbors. “We’ll have somebody on‑site ... making sure the work safety measures are being performed correctly and within the ordinances of the city,” Graves said, and added the builder could consider driveway runners rather than a solid concrete apron to preserve lawn appearance.

Commissioners and staff acknowledged the broader tensions between creating additional starter homes and preserving the physical character of established blocks that were platted in the early 20th century with narrower lots and former alley access. Planning staff and commissioners noted that many older houses had been built before current setback requirements, so new construction can visually stand out even when it meets present regulations.

After discussion, the commission made two motions (one for each application) to recommend approval to the Board of Zoning Appeals. Both motions carried unanimously, 6‑0. The commission noted that the special exceptions are granted under the zoning ordinance provision allowing improvements on nonconforming lots of record with less than 50 feet of frontage where specified criteria are met. Both matters were scheduled to be heard by the Board of Zoning Appeals on Nov. 18, 2025.

Votes at a glance

- SE2025‑0013 (Toby Homes LLC): Recommendation of approval to the Board of Zoning Appeals; vote 6‑0. Scheduled BZA hearing: Nov. 18, 2025. - SE2025‑0014 (Toby Homes LLC): Recommendation of approval to the Board of Zoning Appeals; vote 6‑0. Scheduled BZA hearing: Nov. 18, 2025.

The commission’s action was limited to whether each proposal met the zoning ordinance’s criteria for a special exception for a dwelling on a nonconforming lot. If the Board of Zoning Appeals grants the exceptions, building permits will still be required and final building elevations, materials and colors must be approved by the director of planning before permits are issued, per the staff conditions.

Commissioners and staff encouraged continued neighborhood engagement and suggested the city consider design guidance for very narrow infill lots to address cumulative effects such as reduced on‑street parking, repeated curb cuts, and changes to sidewalk and streetscape character.