Board of Zoning Appeals

1 REGULAR MEETING OF THE BOARD OF ZONING APPEALS 2 CITY COUNCIL CHAMBERS 3 300 PARK AVENUE 4 FALLS CHURCH, VIRGINIA 22046 5 June 12, 2014 6 7 1. CALL TO ORDER 8 9 CHAIR WILLIAMSON: I'd like to call to order the June 12, 2014, 10 Board of Zoning Appeals. 11 12 2. ROLL CALL 13 14 CHAIR WILLIAMSON: Roll call please. 15 RECORDING SECRETARY: Mr. Williamson. 16 CHAIR WILLIAMSON: Here. 17 RECORDING SECRETARY: Mr. Krasner. 18 MR. KRASNER: Here. 19 RECORDING SECRETARY:: Mr. Stoodley. 20 MR. STOODLEY: Here. 21 RECORDING SECRETARY: Mr. Calabrese. 22 MR. CALABRESE: Here. 23 RECORDING SECRETARY: And Mr. Howell. 24 MR. HOWELL: Here. 25 CHAIR WILLIAMSON: Okay. We have a full Board. 26 27 3. PETITIONS 28 29 CHAIR WILLIAMSON: Next item on the agenda is Petitions. Are there 30 Petitions from the audience? 31 Seeing none, move onto New Business. 32 33 4. NEW BUSINESS 34 a. Application U1559-14 to revise Special Use Permit U1508-10 by 35 Hannah Jordan for Friends of Falls Church Homeless Shelter and Wyatt 36 Shields, City Manager of the City of Falls Church, to allow operation of 37 the Winter Emergency Homeless Shelter nights only between November 15 to 38 March 31 instead of December 1 to March 31 on premises known as 217 Gordon 39 Road, RPC #'s 52-102-033, 52-102-034, 52-102-035, and 52-102-036 of the 40 Falls Church Real Property Records, zoned M-1 (Light Industrial), said 41 property owned by the City of Falls Church. (Note: This is a revision of 42 an existing special use permit approved October 14, 2010.) 43 44 CHAIR WILLIAMSON: We've got first order of New Business is 45 application U -- and actually before I read this off, if anyone's going to 46 speak on either matter tonight, if you could stand and please raise your 47 right hand so we can swear you in. 48 (Witnesses sworn.) 49 50 CHAIR WILLIAMSON: All right. First order of New Business is 51 Application U1559-14 to revise Special Use 52 Permit U1508-10 by Hannah Jordon for Friends of Falls Church Homeless 53 Center, and Wyatt Shields, City Manager of the City of Falls Church, to 54 allow operation of a winter emergency homeless shelter, nights only, MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014  55 between November 15 to March 31, instead of December 1st to March 31st, on 56 the premises known as 217 Gordon Road, RPC numbers 52-0102-033, 52-0102- 57 034, 52-0102-035 and 52-0102-036 of the Falls Church real property records 58 zoned M-1, light industrial, said property owned by the City of Falls 59 Church. 60 I have a note this is a revision of an existing special use permit 61 approved October 14, 2010. 62 Would you please step forward if you're going to speak on this 63 matter and sign in. 64 You can stay up there. 65 If you'll state your name and we'll get a report from staff first. 66 MS. RICHTER: I'm Sue Richter and I'm with the Housing and Human 67 Services, City of Falls Church. And I have been working with Hannah and 68 them in presenting all this. 69 CHAIR WILLIAMSON: Okay. Great. If you would have a seat and we'll 70 get a report from staff and then we can hear from you. Okay. Have a seat. 71 Yes, sir. 72 MR. BOYLE: Yes. Mr. Chair, this is a revision of a special use 73 permit that's actually been in place for a number of years, I think back 74 into the 80s? 75 MS. RICHTER: No, 1998. 76 MR. BOYLE: 1998. 77 Uses of this type require Special Use Permit with review by the 78 Planning Commission and then approval by the Board of Zoning Appeals. 79 Once upon a time this particular permit was up for renewal every 80 three years. Some of the members of the Board might remember this coming 81 back before them. Eventually we decided that they were such a no impact 82 use with no problems whatsoever, that the Board elected in 2010 to not 83 require a return unless we saw issues or a desire to change. 84 And so the applicants are here tonight to make a revision to the 85 existing Special Use Permit which involves simply extending their period of 86 operation from December 1st to November 15th. 87 The Code actually allows them to begin November 1st, if they wish, 88 so they're still operating within the time frame the Code envisioned. 89 The Board should have comments from the director of Housing, Human 90 Services, Nancy Vincent. Sue Richter is here from that office for 91 questions. There should be a statement from the City Manager who acts on 92 these issues on behalf of City Council stating approval. 93 There is a second party involved which is the Fairfax County Water. 94 They've submitted a statement that they have no comments. And then you 95 have the recommendation from the Planning Commission who met on June 2nd 96 and recommended approval of this request. 97 If the Board acts to approve, then this Special Use Permit would be 98 revised to limit the operation from November 15th as the start date and we 99 would like to continue the open-ended approval so that they're not required 100 to come back in three years. 101 In speaking with staff, they do not have a presentation, however Sue 102 and parties from the organization that run the shelter are here for 103 questions if the Board has any. 104 CHAIR WILLIAMSON: Do you have any questions of him? 105 MS. RICHTER: Yeah. What I was going to say, the other thing that 106 wasn't in the beginning of the New Business, they're also asking to open 107 Thanksgiving Day and Christmas Day with this, which is they've always had 108 special permission they had to do it. Every time they weren't open MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 109 Christmas Day, they had to send us a letter. We had to get approval from 110 Zoning, John, and get approval from the City Manager. 111 So instead of doing that every year, we thought we would put that in 112 here also for those two holidays only. 113 MR. BOYLE: That is correct. This would be in addition to a change 114 in the start date, since the item was posted there is a request to 115 formalize what they've been granted permission to do every year -- every 116 year since the start which as Sue mentioned to remain open on Thanksgiving 117 and Christmas. 118 How we've achieved that in the past is because the Special Use 119 Permit talks about being open nights only, we've taken the question to the 120 City Manager who's given permission on behalf of Council. 121 So we would like the Special Use Permit formalized to include that. 122 So the special request at the time of each Thanksgiving and Christmas would 123 not be necessary. 124 CHAIR WILLIAMSON: And we're able to do that? We're able to attach 125 those terms to the Special Use Permit? 126 MR. BOYLE: Yes. 127 MS. RICHTER: It's already on there. It's already in the original 128 request. 129 MR. BOYLE: Can you read the -- you might have something I don't 130 have. 131 MS. RICHTER: In the letter to John as part of the application for 132 the revision of the Special Use Permit on the second page, the third 133 paragraph, it says, Friends to Falls Church Homeless Center, Inc., is 134 requesting to open the shelter on November 15th instead of December 1st. 135 In addition we would like to request permission to remain open on 136 Thanksgiving Day and Christmas Day. The change of a day to an earlier open 137 shelter dates cooperation would be closer in line with other hypothermia 138 programs in the area. 139 MR. BOYLE: All right. So, yes, that's correct. It was in the 140 original request that was reviewed by the City Manager and the Planning 141 Commission but didn't make it into the agenda. 142 CHAIR WILLIAMSON: Okay. So noted and so incorporated. 143 Okay. I'll turn to my fellow board members to see if they have any 144 questions. 145 MR. CALABRESE: I have a procedural question first. And that is 146 what, in fact, we're amending. I see the October 14, 2010, Board of Zoning 147 Appeals resolution which includes the nine conditions, the first of which 148 is the dates which we'd be changing. 149 Are we amending that point number -- that motion, the approved 150 motion, or the actual permit itself? I don't think it's in the package 151 that I have. 152 MR. BOYLE: That is an interesting question. You have a Special Use 153 Permit approved by a motion of the Board, a resolution of the Board. I'd 154 say you'd issue a new resolution restating the conditions and then from 155 that, staff will generate the permit. 156 MR. CALABRESE: So there are nine conditions that were most recently 157 approved in 2010. I assume we would be including all of those and then 158 amending point number one which is the footnotes, December 1st, making that 159 November 15. 160 That's the only change you'd would be making then? 161 MR. BOYLE: That and -- 162 CHAIR WILLIAMSON: We'll wait and see what other questions people MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 163 have. I think you would be changing point number one, November 15th 164 through March 31st, and they're requesting to add a condition which is 165 remain open also on Thanksgiving Day and Christmas Day. So they'll be 166 adding or modifying. 167 MR. CALABRESE: Okay. And the other question I have was under our 168 requirements we have to give consideration to the nature and condition of 169 any adjacent uses. So I assume the staff has looked at the negative effect 170 this would have on adjacent uses and they determined there are none. 171 MR. BOYLE: That's correct. It's probably surrounded by one of the 172 true industrial areas the City has or something that would approach an 173 industrial area. So it's not immediately impacting the residential. There 174 is residential a short distance but it's City property, a City building. 175 There is a tenant, formally the City of Falls Church Water, now Fairfax 176 Water. So it's about as low impact a site as you'll find in the City. 177 MR. CALABRESE: Okay. Thank you. 178 CHAIR WILLIAMSON: Other questions? 179 MR. KRASNER: I have a few questions. 180 First for the Zoning Administrator, I have a couple questions. 181 First of all, is the homeless shelter, is it defined as an ordinance 182 or does it fall under a different category for use, homeless shelter use? 183 MR. BOYLE: It's an approved use by Special Use Permit. 184 MR. KRASNER: Is it specifically called out? 185 MR. BOYLE: Yes. 186 MR. KRASNER: And what are the requirements? Does it meet all the - 187 - are there any special requirements for that use? 188 MR. BOYLE: What has been discussed in the past is that the 189 occupancy permit that's issued and the Special Use Permit require them to 190 meet Building Code for habitation, satisfy the fire marshal for occupancy 191 load for the building, things of that nature. 192 So, if it didn't make it into the last resolution, typically the 193 Board requires compliance with Building and Fire Codes. 194 MR. KRASNER: There are no special requirements or other items of 195 the Zoning Ordinance that specifically regulate how a homeless shelter 196 would operate. 197 MR. BOYLE: I'll have to look that up here. 198 MR. KRASNER: Okay. The other question, and this is just talking 199 about the conditions, I think we'll need to talk about obviously the dates 200 and then also as a condition from the 2010 that talks about only admitting 201 people after 9 p.m. I guess it would have to be 9 on Christmas and New 202 Years if they're going to be open during the day. 203 The other question I would just pose, more, I guess, to my 204 colleagues, is the issue of having them, I mean indefinite Special Permit 205 approval. 206 I think I can see both sides of that argument to allowing them to 207 have indefinite approval. I can also see the benefit of kind of looking at 208 it every so many years. I don't know what that number should be. Whether 209 Three is too small, maybe five. But have an opportunity to have them come 210 back and reevaluate if there's been any issues that have come up at that 211 time, as opposed to getting open-ended approval forever. 212 Just something that I noticed. I'll see if any of my fellow members 213 agree with me on that. 214 I think the only other question would be -- this is for the 215 applicant. Everything else that's occurred in 2010, other than what we 216 just talked about you're okay with: Limiting it to no more than 12 people. MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 217 All the other things that are in the 2010 approval, have you reviewed all 218 those? 219 MS. RICHTER: Yes. The fire marshal set that limit and he won't let 220 any more than 12 and they do stick within that guideline. 221 We also have on our staff a Human Service Specialist that meets with 222 the shelter staff, Hannah and everything, to talk about what's going on. 223 If there are problems, they work closely with our public works department, 224 if there's maintenance issues and that type of thing. 225 They're very responsive to, you know, our needs and they work with 226 us quite well. 227 On one of the other things you're asking about, the temporary 228 shelters in the Code, it talks about the shelter in the Code. It talks, 229 The shelter can operate nights November 1st to 31st. All the shelters have 230 to be referred by intake staff of the licensed County shelter, which is New 231 Hope Housing who is the staff that is there, they're licensed to work with 232 the homeless people. 233 MR. KRASNER: Okay. 234 MS. RICHTER: In the Code it says a total of no more than 30 235 homeless people may be served by all shelters in the City on any single 236 night. 237 That was put in there assuming there may be more than one shelter. 238 There's not, so the limit is 12. That's all the Fire Code and the building 239 inspector will permit. 240 They are in compliance with all the safety, health, fire codes. 241 They have to comply with that. That's in there and they're all in 242 compliance with that. And they have to have be in compliance with all the 243 standards that is required of any normal County shelter as far as staff, 244 staff training, and all that's taken care of because New Hope staff is 245 there and that is what they do full time. So they meet all those 246 requirements. 247 MR. KRASNER: Okay. That's it for me for now. 248 CHAIR WILLIAMSON: Any other questions? 249 MR. STOODLEY: Yes. I wanted to say the indefinite period of use 250 was set if there are complaints, we could take action. That is what the 251 indefinite is, not number 9. 252 Sorry. I can't speak clear. 253 MR. BOYLE: Mr. Stoodley is correct. If there were an issue, if 254 there were some noncompliance with this permit, staff would have the 255 authority to call the applicant to discuss the permit. 256 So there would be an opportunity at any time in the future if there 257 was an issue for the Board to hear this again. 258 So after many years of operation and virtually no issues, I think 259 the Board in its wisdom decided to try an open-ended approval and it's 260 worked well. 261 This issue is kind of unique to a separate question, the revision of 262 the existing Special Use Permit. But staff would have the applicant back 263 if there were any concerns about how this permit were operating. 264 CHAIR WILLIAMSON: Just one clarifying question for me. 265 The additional request was permission to remain open on Thanksgiving 266 Day and Christmas Day. That's not the term you use. But the special, the 267 previous permit said that it's open on nights and everybody is out by 8 268 a.m. 269 So is it a request for the whole day or is it a request for the 270 nights of the longest days, if you follow what I'm saying. MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 271 MS. RICHTER: Well, we would request for the whole day. But 272 normally what we've done the last few Christmases, we only opened a few 273 hours extra and we just kind of gauged. We asked the residents, or one of 274 the staff asked the residents would they be prefer being able to leave at 275 10 or 12 and sleep in on Christmas Day or would they rather come back at 4 276 o'clock. It kind of depends on the weather. 277 So we plan. We plan ahead as much as we can. But if we have 278 permission to be open the whole day, that would facilitate us not having us 279 to ask again. But we might not be open the whole day. 280 CHAIR WILLIAMSON: Yes. That's what I thought you were asking. We 281 wanted to clarify that because it's inconsistent with other parts what had 282 been previously approved. So I wanted to make sure if we are adding that 283 to the terms and conditions, that it be for the day, on Thanksgiving Day 284 and Christmas Day. 285 MS. RICHTER: Right. 286 CHAIR WILLIAMSON: Thank you. 287 No further questions from me. 288 Any further questions from anybody on the Board? Any further 289 discussion among Board members? 290 MR. KRASNER: Again, just additional discussion from my colleagues 291 on the Board. 292 Looking through the history, it seemed like it started in 1998 and 293 it was given three year approvals and they came back in and then I guess in 294 2010 they said okay, it could be indefinite. 295 I see both sides of that. On the one hand I certainly see not 296 having to burden the applicant to come back in. On the other hand, I 297 appreciate what the Zoning Administrator mentioned as far as if there was a 298 problem with them complying with these conditions as approved, they would 299 technically be in violation and still controlled. 300 However, if they never come back in again and for whatever reason, 301 I'll step back and say generally I think the use is a good use for the City 302 and I understand the need and the reason for this type of facility. But if 303 there ever was a need or a feeling where the Board felt that the use -- 304 that the conditions needs to be amended or changed or new conditions added, 305 having them come back in on some basis allows for that opportunity where 306 otherwise you don't have that ability. 307 So I'll throw that out there and say perhaps once every five years 308 they can come back in and reevaluate and get an amendment or get a renewal. 309 And that way there is sort of a check on how it's operating. 310 And that's not uncommon with other types of Special Permit uses 311 that, you know, that the City has. 312 MS. CALABRESE: If I can ask, is there regular monitoring or some 313 contact the staff has with the -- 314 MS. RICHTER: The specialists work directly with Hannah and other 315 members of her staff. Once a month they sit down, bring in the case 316 workers from New Hope, any of the social workers. And they discuss 317 everything that is going on, if there is an issue, if there's problems, and 318 then we resolve it right then and there. We're in very close contact with 319 them constantly. 320 MR. CALABRESE: So the City would know if there was -- 321 MS. RICHTER: Oh, yes. If there was a problem or something, we're 322 the first to be notified, our office. Whether it's from the shelter staff 323 themselves, or if it was even a neighbor that lived two blocks down the 324 road decided when he's traveling back and forth, they don't like what MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 325 they're seeing, the City would get the complaint and it would come to us 326 and we would have to address it. 327 MR. CALABRESE: If there was some problem or some violation of one 328 of the conditions, certainly this Board has the authority to terminate or 329 withdraw a Special Use Permit, is that correct -- 330 MR. BOYLE: Yes. 331 MR. CALABRESE: -- at any time? 332 MR. BOYLE: Yes. They would be owed a public hearing. That would 333 be advertised to discuss the question of denying or withdrawing or revoking 334 the permit. So there would be a process. 335 MS. RICHTER: And we communicate with John's office if something 336 like that were to occur. We're in constant contact with John and staff and 337 zoning. 338 MR. CALABRESE: The original basis for making this an indefinite 339 approval was just for ease of use. It wouldn't have to be a regular 340 appearance before the Board. 341 MR. BOYLE: Yes. They went through, you know, over ten years of 342 operation. We're very familiar with how the site was working. And I think 343 the intent of the Code was as Mr. Krasner said, was to just make sure we're 344 in communication with them. And it appeared with the authority that staff 345 has to bring this back and how the history of this use has played out, it 346 was not necessary to bring them back regularly. 347 MR. CALABRESE: I'm comfortable with the indefinite period, unless 348 there was some strong objections from some others, I'm comfortable with 349 that. 350 CHAIR WILLIAMSON: Just one more question for staff. 351 The addition of them remaining open on Thanksgiving Day and 352 Christmas Day, I was reading through the Code here. I didn't see anything 353 to preclude that, if we granted it as part of the Special Use Permit. I 354 was wondering if you were also taking a look at that. 355 MR. BOYLE: We were. And I'd like to read one piece of the Code 356 that I think the Board should consider. I think you have authority on this 357 question. 358 Under the conditions of the Special Use Permit for this use and Mr. 359 Krasner asked for earlier, temporary shelters, you had the points about 360 opening between November 1st and March. Admitted to a shelter by intake 361 staff. 362 No persons, this is the piece, in Sec.48-547 (6) (c), no persons can 363 be admitted to shelters after 9 p.m. unless accompanied by a member of the 364 staff or county shelter or a public human services agency or a local law 365 enforcement officer. 366 And then it says, Every person in the shelter must leave by 8 a.m. 367 I think that needs to be called out in your motion in the spirit of 368 granting a variance. You can set your conditions on a Special Use Permit I 369 think by the conditions you set, have the weight of granting an exception 370 or a variance to this Code. 371 So that should be called out in your motion, perhaps something to 372 the effect, if you chose to approve that specifically on those two dates 373 between whatever hours as opposed to the "by 8 a.m.", as that section 374 provides. 375 CHAIR WILLIAMSON: Thanks. 376 Okay. Any other discussion? 377 Thanks for pointing out the governance that occurs on a regular 378 basis. MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 379 Okay. Is there a motion from the Board? 380 MR. CALABRESE: I'd make a motion to, it would be a motion to amend 381 Special Use Permit U1508-10 to, number one, extend the operation to 382 November 15th. 383 And the second part, I'm still not sure on the dates, and also that 384 on Christmas Day and Thanksgiving Day to extend the opening -- the 385 opening/closing time to the period that we just discussed which is 386 someplace identified what that time would be. 387 MR. STOODLEY: I second the motion. 388 CHAIR WILLIAMSON: Before we get a second, what's being asked for is 389 that we grant an exception to the requirement to leave by 8 a.m. on each 390 Thanksgiving Day and Christmas Day, otherwise that will apply to every 391 other day between November 15th and March 31st. 392 So you accept that as an amendment to your motion? 393 MR. CALABRESE: Yes, yes. 394 MR. KRASNER: And I also on that -- 395 CHAIR WILLIAMSON: Is there a second to that? 396 MR. STOODLEY: Second. 397 CHAIR WILLIAMSON: Okay. 398 MR. KRASNER: I guess that we also need to reaffirm all the other 399 conditions formally so that they can now carry forward with those new 400 amended approvals. 401 So I guess I would add to the motion that the changes that were 402 mentioned and reaffirmed, all the existing conditions from U1508-10. 403 CHAIR WILLIAMSON: You accept those amendments? 404 MR. CALABRESE: Yes. 405 CHAIR WILLIAMSON: And Mr. Stoodley is requesting the second? 406 MR. STOODLEY: Yes. 407 CHAIR WILLIAMSON: All right. 408 Roll call vote please. 409 RECORDING SECRETARY: Mr. Williamson. 410 CHAIR WILLIAMSON: Yes. 411 RECORDING SECRETARY: Mr. Howell. 412 MR. HOWELL: Yes. 413 RECORDING SECRETARY: Mr. Stoodley. 414 MR. STOODLEY: Yes. 415 RECORDING SECRETARY: Mr. Krasner. 416 MR. KRASNER: Yes. 417 RECORDING SECRETARY: Mr. Calabrese. 418 MR. CALABRESE: Yes. 419 CHAIR WILLIAMSON: You have the revisions to your Special Use 420 Permit. Thank you. 421 MS. RICHTER: Thank you. 422 MR. BOYLE: That's definitely a resolution we're going to want to 423 distribute to the Board to make sure the wording is correct. Hopefully you 424 won't see it again. 425 CHAIR WILLIAMSON: Why don't you send it to me as the first cut and 426 I'll send any suggestions. 427 MR. WADE: I think I got the language. 428 CHAIR WILLIAMSON: E-mail is fine. 429 MR. WADE: Okay. 430 431 b. Variance application V1560-14 by Elizabeth Pitera to allow a 432 side yard setback of approximately 3 feet instead of 10 feet to permit the MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 433 enclosure of an existing screened porch on premises known as 912 Park 434 Avenue, RPC #51-203-006 of the Falls Church Real Property records, zoned 435 R1-B, medium-density residential, said property owned by Elizabeth Pitera. 436 437 CHAIR WILLIAMSON: We have the next item of New Business is Variance 438 Application V1560-14 by Elizabeth Pitera to allow a side yard setback of 439 approximately three feet instead of ten feet to permit the enclosure of an 440 existing screened porch on the premises known as 912 Park Avenue, RPC #51- 441 203-006 of the Falls Church Real Property Records zoned R-1B as in Boy, 442 medium density residential, said property owned by Elizabeth Pitera. 443 Miss Pitera, did you sign in? Will you go ahead and sign in. 444 MS. PITERA: Yes, I did. 445 CHAIR WILLIAMSON: Okay. Thank you. 446 Before we hear your presentation, we'll hear a brief report from 447 staff and then we'll turn it over to you. 448 MS. PITERA: Thank you. 449 MR. BOYLE: Mr. Chairman, this is an application for a variance to 450 allow essentially the enclosing of an existing screened porch which sits in 451 the side yard setback to within three feet of the property line. So the 452 variance is to allow a setback of three feet instead of ten feet. The 453 house sits itself right at the setback. 454 In your materials there is a property plat that shows the house at 455 9.7 feet. That's within our tolerance. I assume when I see that, that the 456 surveyors tried to place the house at the ten foot setback. So we consider 457 this house itself to be at the setback. So the porch itself is entirely 458 within the setback. 459 In the presentation from the -- or the materials from the applicant, 460 there are some photos of the house and the porch. And early in the 461 discussion, the applicant spoke with staff about what the possibilities 462 were to enclose the room and the level of construction amounts to 463 essentially making it a room addition which staff does not have authority 464 to approve within that setback. 465 And there was some discussion I think briefly about allowable 466 projections into a setback which were only three feet in this case, which 467 really doesn't create a usable space. It would be pulling the porch off 468 and doing a three foot bump-out. 469 Staff's view is that the structure is there. They're not 470 encroaching any closer to the side property line or further into the 471 setback, simply replacing the existing screens with sometimes called a four 472 season room. So it's heated space and usable throughout. 473 And again, that's a level of construction in the side 474 setback that staff doesn't have authority to approve. So we suggested an 475 application for a variance. 476 And you should have a packet from the applicant as well as a letter 477 from a neighbor stating no objection. 478 And with that, I think we'll defer to the applicant's presentation 479 and your questions. 480 CHAIR WILLIAMSON: Thank you. 481 Ms. Pitera, please go ahead. 482 MS. PITERA: Would you like me to read the letter that you have? 483 CHAIR WILLIAMSON: That's up to you. If you just want to summarize 484 the key points. 485 MS. PITERA: Well, I think as you can see from the pictures, I think 486 my neighbor will be delighted to have a new -- it's in need of a paint job MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 487 and I think they'll be delighted that I'm going to do something with the 488 porch. 489 I did speak with the neighbors and they said that they have no 490 objection to my enclosing the room. That way it will be a usable space on 491 the main floor which is due to the difficulty with stairs, this space will 492 add to the area of the house that I can use on a daily basis. 493 As far as hardships, I feel the space is currently unusable due to 494 temperature, dust, and noise. 495 Hardship not shared. Other houses have glassed-in porches without 496 detriment to the neighbors, of which I am one. 497 No substantial detriment. The proposed construction will not be a 498 detriment to the neighborhood but will improve the character of the 499 existing space. 500 And zoning amendment. This is an enclosing an existing structure 501 and would not effect, I don't feel, current zoning ordinances. 502 Thank you for your consideration. 503 CHAIR WILLIAMSON: Thanks. 504 Okay. I guess we'll first do it a little differently this time, are 505 there any questions for staff from members of the Board? 506 MR. KRASNER: Couple of questions for staff. 507 This lot, this is a conforming lot in R1-B? 508 MR. BOYLE: No, sir. It's 50 feet in width, which is ten feet shy 509 of the minimum. 60 feet is standard for the R1-B. So it's non-conforming 510 for width. It is conforming for area. It's 9700 square feet. 7500 is the 511 standard. 512 MR. KRASNER: And this lot actually originally it was platted over 513 100 years ago, does that sound right? I got a subdivision plat, 1891. I 514 think it's pretty old. It predates -- what I'm trying to ask, this lot, 515 this plat predates the City of Falls Church Zoning Ordinance. 516 MR. BOYLE: Yes, I believe it does. Everything in the vicinity of 517 Cherry Hill Farmhouse, the subdivisions date back to that period. So, yes, 518 it would predate the Zoning Code. 519 MR. KRASNER: Okay. That's it for me. 520 CHAIR WILLIAMSON: Other questions for staff? 521 MR. STOODLEY: Yes, sir. The question about, is it a side porch 522 we're talking about? 523 MR. BOYLE: Yes. 524 MR. STOODLEY: Is it existing as a closed porch? 525 MR. BOYLE: This is one of those gray areas. It has a roof and 526 posts. It has screens. 527 MR. STOODLEY: It does. Has a roof? 528 MR. BOYLE: Yeah, which is permitted. We don't know if it ever was 529 enclosed. 530 MR. STOODLEY: My reason for being here. 531 EURBGS: That's right. Your reason for being on the Board. 532 What constitutes an enclosure is not very well defined in our Code, 533 so we've permitted porches to be screened but at some point the level of 534 construction rises to dry wall and heated space and then we consider it a 535 room addition. 536 So with the screens there, we would consider this a porch. I think 537 to go to a higher level of construction would make it a room addition. 538 MR. STOODLEY: I agree. 539 Anyway, the question I have is for applicant. 540 CHAIR WILLIAMSON: We'll finish with staff. Any other questions for MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 541 staff? 542 Okay. Any questions for the applicant? 543 MR. STOODLEY: Yes, I have one. 544 Does the porch have a roof? 545 MS. PITERA: Yes, the roof is attached to the house. The floor 546 structure goes the length of the house. There are two 2 by 4s on each side 547 of the porch and they extend, I looked down in the basement. They extend 548 the length -- the width of the basement. 549 MR. STOODLEY: Yes, ma'am. I just wanted to say what I was talking 550 about was the whole reason for my tenure on the Board was that my 551 application was denied. But I asked him, Mr. Boyle, if I could put the 552 porch roof and it was denied as well. Because you have a roof already, 553 you're in good shape as far as we're concerned. 554 MS. PITERA: Well, I'm sorry for you and happy for me. 555 CHAIR WILLIAMSON: Is this your recruiting pitch? 556 Any other questions for the applicant? 557 MR. CALABRESE: I want to thank you. Different from other 558 applications, you did a very nice job in identifying some of the criteria 559 that the Board has set that we have to evaluate. So I thank you for that. 560 One pretty small piece that you didn't include and I would like you 561 to respond to, on the hardship, I understand the hardship you've 562 identified. One other part of the hardship is there are no other hardships 563 available to remedy the -- to make the change, that there are no other 564 options available for you. 565 And I'll ask you if you could address that question. 566 MS. PITERA: Are you speaking of increasing the area of the first 567 floor, is that -- 568 MR. CALABRESE: To get to the solution that you want which is more 569 space, usable space, so that you can enjoy the house, is there another 570 option besides the way that you're currently designing it? 571 MS. PITERA: Not at the cost level that this would be. It would 572 prohibitive for me to do anything further. 573 MR. CALABRESE: Okay. Okay. Thank you. I have no further 574 questions. 575 MS. PITERA: What I'm doing, I might want to expand on this. What 576 is happening is if you'll look at the pictures, there will be a two foot 577 knee wall and the rest will be glass. So it would be glass on all four 578 sides so it would be not -- there will be minimal drywall but very minimal 579 drywall at the bottom, just really to frame in the windows. 580 MR. CALABRESE: Thank you. 581 CHAIR WILLIAMSON: Other questions? 582 MR. KRASNER: Just two quick questions. 583 This house, what year was it built? Approximately what year was the 584 house constructed? 585 MS. PITERA: I believe that it's 1937. It's on the side of my front 586 steps. 587 MR. KRASNER: Okay. Which also predates the County's and Falls 588 Church Zoning Ordinance. 589 MS. PITERA: That's true. 590 MR. BOYLE: Yes, sir. 591 MR. KRASNER: And also just to put it on the record, it appears on 592 the plat that Mr. Boyle earlier referred to this side of the house that the 593 porch is on and that's what my colleague just asked about. From the point 594 of usable space, the east side of the house appears to be only 10.9 or 8 MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 595 feet off the property line which is also nonconforming. So to do something 596 on the other side, you would also trigger the need for a variance. 597 So I think either way it's an odd conforming house on a 598 nonconforming lot. 599 MR. BOYLE: Those were lawless times. 600 MS. PITERA: I tell you. 601 MR. KRASNER: And it predates the ordinance. 602 MS. PITERA: The house on the other side does have a glassed-in 603 porch. 604 MR. KRASNER: And the letter you included in the package was from 605 your neighbor on the side of the porch? 606 MS. PITERA: On the side of the porch, yes. 607 MR. KRASNER: That's it for me. 608 CHAIR WILLIAMSON: Anything else? Okay. Any other comments you'd 609 like it to make? It's not necessary. 610 MS. PITERA: Please, please, please. 611 MR. BOYLE: Mr. Chair, if I might, if the Board entertains a motion 612 to approve, it would help staff if you clarified a one story addition. 613 That the setback applied just to this structure, something to that nature. 614 That's a common question later, could I go along now that the setback's 615 there. 616 So if you can clarify what your intent is for above the first story. 617 CHAIR WILLIAMSON: Thank you for that. 618 Any discussion among the Board? 619 Is there a motion? 620 MR. KRASNER: I would make a motion to approve the Variance 621 Application V1560-14, specifically to allow the enclosure of the existing 622 screened-in porch as it exists as of today's date with no ability to expand 623 upward without return to the Board for an additional variance. 624 MR. CALABRESE: Second. 625 MR. KRASNER: And again, I just, through discussion, would also add 626 that given the fact that as mentioned, this is a pre-existing non- 627 conforming, both house and lot, I think again the applicant has proved 628 their burden to justify the variance. 629 CHAIR WILILAMSON: Yes. You would be okay with organizing the 630 motion. 631 All right. We have a motion and second. 632 Roll call vote please. 633 MR. WADE: I'm sorry? Who was the second? 634 MR. CALABRESE: I was second. 635 MR. STOODLEY: Second. 636 CHAIR WILLIAMSON: We have a second and a third. 637 RECORDING SECRETARY: Mr. Stoodley. 638 MR. STOODLEY: Yes. 639 RECORDING SECRETARY: Mr. Williamson. 640 CHAIR WILLIAMSON: Yes. 641 RECORDING SECRETARY: Mr. Krasner. 642 MR. KRASNER: Yes. 643 RECORDING SECRETARY: Mr. Calabrese. 644 MR. CALABRESE: Yes. 645 RECORDING SECRETARY: And Mr. Howell. 646 MR. HOWELL: Yes. 647 CHAIR WILLIAMSON: Congratulations. You have your variance and good 648 luck with your project. MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 649 MS. PITERA: Thank you very much. 650 651 6. APPROVAL OF MINUTES 652 Discussion of minutes from the March 2, 2014, BZA 653 654 CHAIR WILLIAMSON: Approval of minutes. 655 So we've got the minutes from March -- the agenda says March 2 but I 656 think it's March 13th, 2014. 657 So with that, let's review these first. 658 (The minutes were reviewed.) 659 CHAIR WILLIAMSON: Is there a motion to approve these minutes? 660 MR. KRASNER: So moved. 661 MR. CALABRESE: Second. 662 CHAIR WILLIAMSON: All in favor? 663 (A chorus of "ayes".) 664 CHAIR WILLIAMSON: Okay. The minutes are approved. 665 666 6. OTHER BUSINESS 667 668 CHAIR WILLIAMSON: Other Business. I'll just note to everyone that 669 I've got the materials from 2013 and we'll take a first shot of preparing a 670 report to Council which I will circulate among this group here, including 671 staff, for any input before we finalize it and then submit to Council. 672 I'll probably ask staff on how to accomplish that in the most efficient 673 way. So we'll look out for that. 674 675 7. OLD BUSINESS: 676 677 CHAIR WILLIAMSON: Any Old Business? 678 MR. BOYLE: Mr. Chair, did the Board receive its copies of the 679 Downtown Falls Church Planning Opportunity Area? 680 Council asked for comment from the Board on this and it's a little 681 unusual in that this is the quintessential planning document. It's kind of 682 the other end of the spectrum from what this Board usually sees. This is 683 what the City would like to see as a vision as opposed to this Board 684 dealing with what is there and how is the Code applied. 685 But Council is asking for comments, if the Board wishes. For 686 example, something that might be of interest to the Board is the proposed 687 future zoning as well as some rezoning of the actual zoning that exists. 688 But the concept of imposing overlay districts to facilitate a different 689 type of business look in that area that's envisioned in this plan. 690 So I'll leave it to the Board to decide if this is something they 691 feel they have a role in. But Council respects this Board's opinion and 692 has had this item on their agenda for consideration. And again, it's a 693 vision for an area. If the Board would like to comment or send a statement 694 to Council, the staff will facilitate that for you. 695 It's something that's going to be under consideration for quite 696 awhile so if the Board would like to take time and draft a statement or 697 elect to make no comment, staff will convey that. 698 CHAIR WILLIAMSON: Okay. When you say it will be under 699 consideration for a while, is there a time frame? 700 MR. BOYLE: It's no doubt going to evolve over the course of the 701 rest of this year. It's going to come back up on Council's agenda and then 702 go back out to the Planning Commission. MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 703 So if the Board wanted to prepare something for the next meeting, we 704 could facilitate sharing that with Council. 705 These plans, there's been a number of them that have been proposed 706 by the Planning Director, Jim Snyder. This is the most recent in a series. 707 What I've observed is that they go through several iterations and comment 708 periods. 709 So I think the Board will have at least through the next meeting to 710 consider it. 711 MR. KRASNER: I agree with Mr. Boyle. Obviously I'm a little biased 712 based on my day job. Planning and zoning really should go hand in hand and 713 I think that City Council has asked us for our opinion, I think folks can 714 devote some time to take a quick look and maybe come back to the next 715 meeting, if we could pass a resolution to support or a resolution that 716 makes specific recommendations for revisions or suggested changes or things 717 we'd like to see. 718 I think that would be good if we provide them that feedback, if only 719 to again show them that the work we do matters and, you know, the big 720 picture vision ultimately filters down to some of the things that we see. 721 So this is an opportunity to affect the process early on, perhaps 722 even avoid a few variances here and there if it gets built into the plan 723 and to the ordinance. 724 So I think it's a good thing. I would be happy to spend some time 725 and take a look at it and talking and perhaps we can have some discussion 726 on it at our next meeting and perhaps pass a resolution or suggest some 727 changes. 728 CHAIR WILLIAMSON: Yeah, that's what I'm going to do. Especially 729 because we don't have a meeting in August, so we would need to, if we 730 wanted to get something in -- 731 MR. WADE: We do have an agenda item for July already as well. 732 CHAIR WILLIAMSON: So we'll have a meeting, so it would be good to 733 add this to the agenda, a discussion of this, and that will give us a 734 little time to craft something, to get it in. 735 Yes. 736 MR. HOWELL: I don't think I got a copy of this. Were they 737 distributed? 738 MR. WADE: Electronially, but we can get paper hard copy if you'd 739 like. We can certainly provide hard copies. 740 MR. HOWELL: But could you resend it electronically? 741 MR. WADE: Absolutely. 742 MR. KRASNER: I think it's also on the City's web site, isn't it, or 743 some version of it is? 744 MR. WADE: Yes, I think so. I can send the link as well. 745 I'd also like to note that at the Architectural Advisory Board 746 meeting last week, Mr. Snyder noted that all the comments from -- any 747 comments that are received from the Boards or Commissions will be added as 748 sort of an appendix at the end of a plan. So it's a living, working 749 document as a guideline of how to go forward, and any comments will become 750 part of that document as well so. 751 CHAIR WILLIAMSON: Okay. Good. 752 753 8. ADJOURNMENT 754 CHAIR WILLIAMSON: Is there a motion to adjourn? 755 MR. STOODLEY: So moved. 756 CHAIR WILLIAMSON: Second? MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014 757 MR. CALABRESE: Second. 758 CHAIR WILLIAMSON: All in favor? 759 (A chorus of "ayes".) 760 CHAIR WILLIAMSON: We're adjourned. 761 762 763 MINUTES OF THE JUNE 12, 2014 MEETING OF THE BOARD OF ZONING APPEALS AS APPROVED SEPTEMBER 11, 2014