The Cape Charles Board of Zoning Appeals will meet on Tuesday, April 14, 2026, at 9:00 a.m. at the Cape Charles Civic Center, 500 Tazewell Avenue, to consider a variance request involving a property in the Accawmacke Plantation community.
Brad and Kimberly Goldstein, owners of 165 Sunset Boulevard, are seeking a variance from Accawmacke Plantation Planned Unit Development Section 9.17 and Town Code Chapter 32, Article VII, Section 32-186, which governs development within Resource Protection Areas (RPA). The request would allow an existing patio to remain within the 50-foot landward RPA buffer, where construction is typically prohibited.
Violation Identified Following Inspection
According to town documents, the issue began in 2025, when the Department of Planning and Zoning received notice of a possible zoning violation involving the unauthorized construction of a patio within the protected buffer.
Zoning Compliance Officer Jack Steinmayer conducted a site inspection and confirmed that the patio encroached into the restricted area. Following the inspection, the town issued a Notice of Violation on January 28, 2026, requiring:
- Removal of the patio within 30 days
- Payment of a $1,000 fine
After receiving the notice, property owner Kimberly Goldstein contacted town staff to discuss possible alternatives to removing the patio. Following discussions, staff recommended submitting a variance application rather than filing a formal appeal of the Zoning Administrator’s decision.
The application seeks relief from both Section 32-186 (Development Criteria for Resource Protection Areas) and Section 32-189 of the town code.
Property History
The home at 165 Sunset Boulevard was originally approved for construction in July 2022, when developer Patrick Hand began the permitting process for a single-family residence on Lot 84 of the Colony.
After receiving approvals from town officials, construction moved forward, and the property was later transferred to Brad and Kimberly Goldstein on January 8, 2024.
Town documents note that the dwelling was constructed to the maximum extent of the 50-foot RPA buffer, leaving little to no room for future improvements in the rear yard without encroaching into the protected area.
Board to Decide Next Steps
The Board of Zoning Appeals will review the variance request and hear public comments before determining whether the patio can remain or must be removed in accordance with town regulations.
The meeting is open to the public.
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