Board of Zoning Appeals

1 BOARD OF ZONING APPEALS MEETING AGENDA 2 VIRTUAL PUBLIC HEARING 3 Thursday, November 12, 2020 4 7:30 p.m. 5 6 1. CALL TO ORDER 7 MR. JONES: Let's go ahead and call to order 8 the November 12, 2020, Board of Zoning Appeals. 9 Ms. Rouzi, can we have a roll call please. 10 MS. ROUZI: Yes. I do have to read that 11 little blurb, legal requirement, before I start. 12 This meeting will be held pursuant to and in 13 compliance with the Virginia Freedom of Information Act, 14 Section 2.2-3708.2 and state and local legislation 15 adopted to allow for continued government operation 16 during the COVID-19 declared emergency. All 17 participating members will be present at this meeting 18 through electronic means. All members of the public may 19 view this electronic meeting via the meeting link listed 20 above and in the City's webpage and also the Agenda. 21 Thank you. 22 23 2. ROLL CALL 24 RECORDING SECRETARY: Mr. Jones. 25 MR. JONES: Here. 26 RECORDING SECRETARY: Mr. Calabrese. 27 MR. CALABRESE: Here. 28 RECORDING SECRETARY: Mr. Bartlett. 29 MR. BARTLETT: Here. 30 RECORDING SECRETARY: Mr. Kien. 31 MR. KIEN: Here. 32 RECORDING SECRETARY: Mr. Misleh. 33 MR. MISLEH: (Distorted voice.) 34 RECORDING SECRETARY: Oh. Weird feedback. 35 Mr. Misleh, we are having some feedback. 36 Is everyone hearing that echo or is it just my 37 end? 38 MR. BARTLETT: Oh, I hear it all right. 39 MR. BOYLE: Yes. 40 RECORDING SECRETARY: Mr. Misleh, would you 41 sign out and sign back in. There's some kind of a 42 sound coming from your end. We can't hear you. 43 MR. BOYLE: It sounds like the federal witness 44 protection program. 45 (Technical difficulties being worked out.) 46 RECORDING SECRETARY: Mr. Misleh. 47 MR. MISLEH: Yes. 48 RECORDING SECRETARY: Thank you. 49 MR. JONES: Akida, did we get the full roll 50 call? I'm sorry if I missed it. 51 RECORDING SECRETARY: I think I got everybody. 52 53 3. PETITIONS 54 MR. JONES: Okay. Do we have any Petitions 55 for the Board this evening? 56 MR. BOYLE: No, sir. 57 58 4. OLD BUSINESS 59 a. Variance application V1613-20 by Margaret 60 L. Schwartz, applicant and owner, for a variance to 61 Section 48-238(3)a, to allow rear yard setback of 36 62 feet instead of 40 feet, for the purpose of constructing 63 a 1-story addition on premises known as 313 Lincoln 64 Avenue, RPC #51-116-031 of the Falls Church Real 65 Property Records, zoned R-1A, Low Density Residential. 66 67 MR. JONES: It looks like we have under the 68 Old Business we have the variance application for Ms. 69 Schwartz. If we don't have any Petitions, our roll call 70 is complete, we'll start with the application. 71 If I could swear Ms. Schwartz in or any other 72 members of the public who would like to speak on this 73 matter, if you could raise your virtual hand and swear 74 to tell the whole truth tonight before this Board. 75 (Witness sworn.)  76 MR. JONES: Thank you. 77 If you're going to be speaking tonight, would 78 you mind stating your full name, Ms. Schwartz, and it 79 looks like we might have Gene as a member of the public. 80 If you wouldn't just mind stating your name for the 81 record. 82 MS. SCHWARTZ: Yes. My name is Margaret 83 Louise Schwartz. 84 MR. JONES: Very good. Thank you. 85 Mr. Boyle, if you wouldn't mind giving us a 86 report on this application. 87 MR. BOYLE: Yes, sir. Thank you. 88 This is very simple as far as zoning is 89 concerned in that the applicant is hoping to do an 90 addition to a structure that would encroach into the 91 rear yard setback. 92 As the Agenda states, they're hoping to obtain 93 a rear yard setback of 36 feet instead of 40 for the 94 purpose of constructing a one story addition, just a 95 ground level addition, on the premises known as 313 96 Lincoln Avenue. It happens to be a historic property 97 which has raised some other issues in discussions with 98 staff and the City Attorney. 99 I think it would helpful to know that, and the 100 applicant, Margaret, you can confirm this, the property 101 was subdivided a number of years ago, a subdivision 102 approved by the Planning Commission, to allow the sale 103 of additional lots, residential lots, which are now 104 where several single family homes are located. 105 And for reasons that's kind of a mystery to 106 staff, the subdivision created an unusual rear yard 107 setback on the original host property and the structure 108 today is in need of some connectivity with an addition, 109 that that, an addition, would alleviate and facilitate 110 some internal utility pipes and what have you. 111 Had the subdivision not occurred, this would 112 be a by-right option but here we are twenty years later, 113 we have a subdivision in place that has imposed a 114 setback, not of the owner's choosing. And she's before 115 you tonight for some relief to that rear yard setback. 116 So it's a little unusual in that this Board 117 does not normally see rear yard setback variances, but 118 there's a historic piece involved in, whether it's 119 appropriate for this structure to expand in this 120 direction, and jurisdiction over the building permit and 121 the variance. 122 In speaking with the City Attorney very late 123 this afternoon, the question was raised, can this Board, 124 the Board of Zoning Appeals, hear a variance that has 125 been heard by the Historic Architectural Advisory Board 126 and was advised from that Board to the BZA not to 127 approve, can the BZA hear this? 128 And the City Attorney's of a mind, and staff 129 agrees, that there's two questions here. One is the 130 question of issuance of the building permit and the 131 consideration of the setback variance. The City 132 Attorney believes those are two separate questions. 133 The matter of the setback variance should be 134 heard essentially with blinders on by this Board and 135 evaluate the request for the relief from the rear yard 136 setback on its own merits. And that the question of 137 once the HARB approves or denies the building permit, 138 that that is a separate process that this Board is not 139 involved in, is not privy to that conversation. That 140 would be a matter for the building officials to take up 141 with the applicant and anyone who has standing. 142 So this matter tonight, to the extent that this 143 Board may be aware that there's another question from 144 the HARB and the HARB's recommendation, the matter 145 before the Board tonight is based on the opinion of the 146 City Attorney, and I personally as zoning administrator 147 agree that the focus of this discussion should be 148 solely on the merits of the relief for the rear yard 149 setback. And that the HARB opinion, which I believe has 150 been provided to the Board, does not impact that. That 151 will be taken up separately after the Board of Zoning 152 Appeals decides on this setback variance. 153 So with that, I would request that the Board 154 simply consider the merits of the rear yard setback 155 variance in keeping with any precedent in previous cases 156 that this Board has heard for the variances. 157 The circumstance of this being a historic 158 property and the involvement of the Historic 159 Architectural Advisory Board speaks to simply the 160 issuance of building permits which is not within the 161 purview of this Board. 162 So having said that, usually I defer to the 163 presentation of the applicant at this point but I wonder 164 if the Board members themselves have any questions of 165 clarification based on what has evolved late this 166 afternoon. 167 MR. CALABRESE: Mr. Jones, can I ask a 168 question of Mr. Boyle? 169 MR. JONES: Yes. 170 MR. CALABRESE: So as you know, I raised this 171 concern initially. I understand that the recommendation 172 is to treat these two situations as separate but I think 173 they are connected though. Because as you know, under 174 our regulations, under 48-792, a building permit cannot 175 be issued unless the HARB agrees or allows it. 176 And right now they're saying they're denying 177 it. 178 While it is a separate matter, I assume that 179 they would eventually grant it but with a different 180 design so that the applicant is going to have to go 181 back, make an alteration to their design, in order to 182 get the HARB approval. 183 So this Board would be approving a design that 184 is essentially going to be obsolete once the applicant 185 goes back to the HARB and makes modifications to satisfy 186 them. 187 So while I understand that these are separate 188 proceedings, and please correct me, maybe I have this 189 wrong, but this would seem not to be an appropriate use 190 of our time to approve a plan that will very shortly 191 become obsolete. 192 So that's my concern. But, please, if that's 193 not correct, I'm happy to withdraw that concern. 194 MR. BOYLE: And those are all valid points and 195 what I would say is that the BZA's mission here is to 196 consider whether to grant relief to that setback only. 197 And based on all of our past experience with cases 198 before the Board, who is deserving of a setback variance 199 relief and who is not, the applicant will make their 200 case based on what this Board has historically reviewed. 201 The recommendation of the HARB regarding 202 building permit, I will say as staff, based on my 203 experience and experience of my predecessor which takes 204 us back into the late 1970s, early '80s, predates the 205 historic ordinance itself. The issue with the building 206 permits relates to the HARB advising the property owner 207 in how to do revisions that are historically accurate in 208 keeping with the architecture of the structure. 209 It's, I think, assumed, that the property 210 owners may or may not be aware of what the architecture 211 and intent of the architect of the building was, and so 212 we want repairs and alterations done that are in keeping 213 with the architecture of the building. 214 That is an entirely separate question that 215 will be resolved through the building official's 216 process, whether or not to issue those permits and the 217 City Attorney has said that the Board, I think you're 218 going to hear and add it to the record, that the HARB 219 denied this application. 220 The City Attorney was concerned, well, where 221 does that denial flow to: Is that the BZA with this 222 setback, or is it to the building official with the 223 issue of building permits? 224 I wish you were here to make that case for you 225 but I will say that in my experience, the HARB speaks to 226 the architectural features of the structure: Are these 227 materials consistent with what was used and things of 228 that nature; whereas the BZA deals with dimensions and 229 setbacks and is there any hardship and is it a 230 reasonable use of the property. It has nothing to do 231 with the architecture. 232 For example, if someone came in and wanted a 233 variance to paint their house yellow, the Board would 234 not be interested, the BZA would not be interested. The 235 HARB may be very interested. They may say houses were 236 not painted yellow in this era, and so we deny the 237 application to do this addition with that color paint or 238 that style. 239 So to get back to the point you raise, I think 240 there's very clearly two issues. The HARB, in the 241 opinion of the City Attorney, and I agree, was speaking 242 to whether this was appropriate architecturally. And 243 that their authority flows to whether or not the 244 building permit should be issued for that. That 245 however, should not impact, we think, I think the City 246 Attorney agrees and I agree, should not impact whether 247 the BZA feels that the building envelope for an 248 expansion should or should not include an expansion into 249 the setback. 250 So you have a setback in one issue, is it 251 reasonable to allow a setback of a structure. The BZA 252 is not interested, I don't think, in what the color of 253 the architecture is or what the nature of the boards 254 that are being used or the pitch of the roof. 255 Historically this Board has been interested in whether 256 that setback is imposing a hardship and is there grounds 257 for reasonable relief. 258 It's possible to satisfy both. The BZA may 259 grant, or at least consider, whether an intrusion into 260 that setback is worthy of reasonable relief, but what 261 that structure actually looks like is a matter between 262 the HARB and the building official, what boards are we 263 using, you know, what types of windows and things like 264 that, what is the color of the paint. 265 So I think there's two separate issues here 266 and in speaking with the City Attorney, she's asking the 267 BZA to address solely whether it's within your authority 268 to grant reasonable relief for a new building footprint. 269 What that structure looks like is going to be decided in 270 a separate conversation, not involving this Board. 271 MS. SCHWARTZ: And, John, this is Margaret, if 272 I might just address the Board in that regard. 273 When John and Akida and I first met about this 274 project in January, the original understanding was a 275 variance review was done first and then the HARB review 276 was done afterwards. But based on the City ordinances, 277 I was required to go through HARB first and then ask for 278 a variance. 279 And I can tell you with one hundred percent 280 accuracy, that I fully intend to support the structure 281 and the design and the materials of my current house 282 when I build out the addition. 283 Having had several conversations with the HARB 284 team, we're at the point now where, for example, it's 285 not about the cedar shake shingles, what color or 286 whatever else, it's down to the specifics of where a 287 window was placed. 288 For example, they wanted me to put a window in 289 an area where there was going to be a shower. And I 290 said I don't want to put a window inside an area that's 291 going to be full of water and steam and they disagreed 292 with me. 293 So I'm at the point now where before I 294 continue working with the HARB and spend more money with 295 an architect, I need to know whether or not the variance 296 is going to be approved because that is integral to the 297 overall addition that I'm looking to build. 298 So if the variance isn't approved, then I can 299 throw out the addition concept that I have because it's 300 not feasible. 301 So at this point I would concur with John that 302 right now I'm just looking to find out if the variance 303 is approved and then I would certainly go back and work 304 with the HARB Board to address and compromise with 305 whatever concerns they still have. 306 In the first meeting with the HARB Board, they 307 had very specific concerns. I went back to the 308 architect and addressed them and then they came up with 309 new requests in the second conversation. 310 So like I said, I'm very happy to continue 311 that conversation with them, but at this point I would 312 just be throwing away money if I don't get the variance. 313 MR. CALABRESE: If I could ask, I guess we're 314 into now talking to you, Ms. Schwartz, as applicant, but 315 the alteration, did the HARB address the alteration as 316 one of their concerns in their rejection of the building 317 permit? 318 MS. SCHWARTZ: When you say alteration, do you 319 mean -- 320 MR. CALABRESE: The one that relates to the 321 setback. 322 MS. SCHWARTZ: No. Like I said, it was window 323 placement. It was how the roof was, the roof addition 324 was pitched. I have a pergola sticking out in front and 325 they said, well, we want you to have supports on either 326 side of the pergola. I'm like I want to keep it as 327 clean as possible because that's the flow of the Arts 328 and Crafts. They wanted me to have two windows at 329 ground level on one side. I didn't want to put them in 330 because I've had one of my windows jimmied, with 331 somebody trying to break in so I would prefer not to 332 have windows at ground level that aren't in a living 333 space. 334 So that's the type of issues that they had in 335 the second meeting. It's not about the footprint of the 336 addition in any way, shape, or form. 337 MR. BOYLE: Perhaps it would clarify things if 338 staff weighed in, in my capacity as zoning 339 administrator. 340 This matter is before the BZA for a setback 341 variance. The potential to complicate it with the 342 historic aspects of this are great and I think can add 343 to the conversation. 344 However, the authority of this Board, the 345 mission of this Board, is to consider the application 346 for that setback variance and the threshold for whether 347 we approve that or not. 348 The only thing that I think is unusual about 349 this in purely zoning views is that we don't get many 350 rear yard setback variances, so it's up to the applicant 351 to explain why that's necessary here. 352 In talking with the, you know, the asterisk of 353 this conversation is what about the historic features, I 354 think the staff has no problem going on the record 355 saying the historic aspects and all that entails has 356 nothing to do with the BZA and that will be completely 357 vetted with the building official and the building 358 permit process and the City Attorney will probably be 359 involved in that. 360 So if it would help, I really think this Board 361 needs to focus purely on the request for a variance for 362 a rear yard setback and the other matters will be 363 handled through other processes that the City has. 364 MS. ROUZI: Just for the record, Mr. Eppler 365 has joined the meeting. I didn't mean to put him on the 366 spot, but he's here now. 367 MR. JONES: Welcome, Mr. Eppler. 368 MR. EPPLER: Yes, I'm here. Sorry, I had 369 technical difficulties getting in. 370 MR. BARTLETT: In the interest of time, John, 371 is it appropriate at this point, and Mr. Jones, that we 372 can hear the presentation from the applicant and then 373 actually consider the merits of her request for a 374 variance? 375 MR. BOYLE: Yes, I would say as far as the 376 Agenda flow goes, that would conclude my comments from 377 staff and I'll defer at this point to the applicant for 378 their presentation. And given the amount of 379 conversation that's occurred, it would help to dial it 380 back and say all right, we're at the point where, 381 Margaret, would you please explain why you're here and 382 why you need this variance. 383 MS. SCHWARTZ: Yes. And I guess I'm going to 384 start with the assumption that everyone has read my 385 application. 386 So without going into too much detail, I am 387 looking to put an addition on my property. Because of 388 the fact that there were three houses cut out from the 389 original Smallwood property, the dimensions of my lot 390 are irregular with setbacks impinged in the back of the 391 lot. So they basically gave me just enough to have a 40 392 foot setback and the rest went to the new property 393 behind me. 394 Right now I was looking at all four sides of 395 my property as far as the best way to expand the 396 footprint. Certainly the left side of the property is 397 alongside a pipestem with setbacks so there is no 398 opportunity to build on the left side of my property. 399 The front of the house has beautiful 400 architectural components, deemed architecturally 401 significant by the City, so adding to the front of the 402 house would significantly disrupt the design of the 403 house. 404 On the right side of the property, there are 405 varied utilities where the sewer and water lines run 406 three quarters of the length of the house. Those 407 utilities are, from what I understand, original to the 408 house construction which was done in 1916. So I have, 409 you know, only so much opportunity to add to the house. 410 I already have a concrete pad from a previous 411 work request that was approved and built a concrete 412 footprint where I would like the full addition to be 413 built. But in order to gain access to the addition, I 414 need to carve out a hallway from my current house into 415 the addition and the most logical place for that to 416 happen would be to take four feet from the back bedroom 417 and make that the hallway into the addition. 418 That would leave a very small back bedroom and 419 as part of the addition I would like to add a second 420 full bath in my house. Currently I have one full bath 421 in my three bedroom house. So as part of the overall 422 design of the addition, that would require me to secure 423 four additional feet to compensate for the four feet 424 that I would be losing in order to have a hallway into 425 the new part of the house. 426 So I feel that these conditions are unique to 427 my lot and to the home and without a variance to reduce 428 the back lot setback, making any improvements or future 429 additions to the house would be extremely difficult. 430 As I mentioned before, my goal is to design an 431 addition to the house in the same style, building 432 materials and so forth, to create an appealing 433 appearance to the home and that is my request to the 434 Board. 435 MR. JONES: Thank you, Ms. Schwartz. 436 I don't have any initial questions for the 437 applicant. I would happily defer to my colleagues 438 should they have any questions for the applicant. 439 MR. MISLEH: I have a question, Ms. Schwartz. 440 The signature of the neighbors that you presented in 441 your application package, are these all owners of the 442 surrounding properties? 443 MS. SCHWARTZ: Yes. Since that signature 444 happened, two of the owners have moved but I've had 445 conversations with the new owners and both of them are 446 in agreement and support my request to make the addition 447 happen. They were all owners that signed the form. 448 MR. MISLEH: And do these addresses represent 449 the two properties immediately behind your home? I can 450 see there are two houses that are represented, one sort 451 of to the right and the other one directly behind you. 452 MS. SCHWARTZ: Yes. So of the four houses, 453 they're either behind me, kitty-corner to me, and on 454 both sides of me. 455 MR. MISLEH: So they're all of the surrounding 456 property, is that correct? 457 MS. SCHWARTZ: Yes. 458 MR. MISLEH: Thank you. 459 MR. KIEN: Ms. Schwartz, just a quick 460 question. What is the purpose of the addition? 461 MS. SCHWARTZ: The purpose of the addition is 462 to add more living space to my house. I have two sons, 463 both of whom have learning disabilities and will most 464 likely not launch. They're both going to a trade school 465 and so I'm looking to create additional living space to 466 support them as they develop their lives. 467 MR. KIEN: Okay. 468 MS. SCHWARTZ: That's the primary reason. 469 MR. BOYLE: Margaret, John Boyle. Were you 470 the owner of the property when the subdivision was 471 approved? 472 MS. SCHWARTZ: No. I purchased the house in 473 2003 at which point the houses surrounding me were 474 already either completely built or in the final stages 475 of construction. I purchased the house from the husband 476 of the couple who inherited the house from the second 477 wife of Dr. Smallwood. 478 From what I understand, the husband got the 479 house and the wife got the property around the house. 480 She sold the land to Gordon Brothers and he got the 481 house which he sold to me. 482 MR. BOYLE: Thank you. I think that speaks to 483 the decision of the Planning Commission at that time to 484 approve the subdivision as imposing the setbacks and not 485 a self-imposed hardship which the Board sometimes sees. 486 MR. BARTLETT: Ms. Schwartz, this is Keith 487 Bartlett. I have a question for you. 488 With the new proposed addition, and I think 489 you're doing this in two phases, my understanding is or 490 not, what is the lot coverage going to be once this is 491 complete? 492 MS. SCHWARTZ: I'm sorry, I don't have that 493 information at the top of my head. I believe, I think 494 my house right now has about 2400 square feet. It's one 495 level living. I believe the addition would be 496 approximately 1000 square feet, but I can't swear to it. 497 MR. BARTLETT: John and Akida, during your 498 review of any of the materials, did you guys see or 499 avail yourself of that information as to whether the 500 proposed addition would be within the allowable lot 501 coverage limits? 502 MR. BOYLE: Yes, I did and it didn't appear to 503 be a problem. 504 MR. BARTLETT: Okay. Thank you. I see that 505 it's a 15,400 square foot lot and I understand that you 506 have a lot of impositions on where you can build so I'm 507 trying to figure out -- 508 MS. SCHWARTZ: Right now the addition area is 509 already -- has a concrete pad so the only new area that 510 would be taken up is the bump-out of the back of the 511 house. 512 MR. BARTLETT: And I would just also point out 513 that you're asking for a variance into the setback for 514 an area that's 4 feet by 17 and a half feet and that's 515 the only space that would actually impose into that 516 allowable setback; is that correct? 517 MS. SCHWARTZ: If I'm understanding your 518 question, the answer is yes. 519 Yeah, if you look at the diagram, you'll see 520 where I have the mockup of where the existing porch is 521 and the existing steps and then the proposed extension 522 would expand 17.5 feet by four feet, yes, out. And then 523 the rest of the expansion would take over where the 524 steps and the back porch are now with a slightly -- like 525 another four feet or so to complete the second full 526 bathroom. 527 MR. BARTLETT: Thank you. 528 MR. BOYLE: And if it would assist the Board, 529 it's not shown on the screen at the moment but pipestem 530 lots which would be the lots that were subdivided off of 531 the original property, the front yards of those lots 532 would mirror the setbacks of the adjacent lots. 533 So, for example, at the top of the screen, lot 534 two, I do not have the plat for that, but lot two is 535 almost certainly 40 feet from that property line. 536 So these houses have considerable spacing 537 between them. It's a feature of the pipestem ordinance 538 that mirrors the setback for the adjacent lot. So the 539 front yard of lot two is probably 40 and that's the one 540 that would be encumbered, if it were, by the granting of 541 the variance. 542 MR. CALABRESE: Ms. Schwartz, if I can ask, 543 when you were looking at options to add on to your 544 house, were there designs or are there designs that 545 would give you what you're looking for in terms of your 546 needs in the house that wouldn't require a variance? 547 MS. SCHWARTZ: No, not that I could configure. 548 MR. CALABRESE: Thank you. 549 MS. SCHWARTZ: It's either the outside 550 sewer/water lines on one side or the pipestem on the 551 other side and then the front is too beautiful to touch 552 so it just leaves the back. 553 MR. CALABRESE: Thank you. 554 MR. JONES: Okay. With that, I don't know if 555 we have, are there any other questions for Ms. Schwartz? 556 (No response.) 557 MR. JONES: Hearing none, Ms. Schwartz, do you 558 have any final comments for the Board before we close 559 the presentation? 560 MS. SCHWARTZ: Well, only that I am a very 561 careful steward of my property and it is a significant 562 investment for me to initiate this project so I am, as 563 you can tell by the date on the original letter, I am 564 going very slowly and will not move forward until all 565 the Ts are crossed and the Is are dotted and I feel 566 comfortable and everyone else feels comfortable that 567 this is the best design possible. 568 I have no plans to put a glass and concrete 569 addition to my house. I love it because that's why I 570 bought it, even though it was a fixer-upper when I 571 bought it, with spray paint and graffiti and a hundred 572 year old roof, or almost a hundred year old roof on it. 573 I love my house dearly and I can assure you that I am 574 taking every measure to make sure that it fits not only 575 my vision but continues to represent a beautiful design 576 in keeping with the Arts and Crafts architectural style 577 that it was initially built to do. 578 MR. JONES: Thank you very much for that. 579 With that, we'll close the presentation from 580 the applicant and open it up to a conversation on the 581 Board. 582 Any thoughts, questions, or concerns that we 583 can discuss amongst each other? 584 In my opinion, in just leading off the 585 discussion, being the owner of a historic home myself, I 586 know how challenging any additions are to a house, 587 especially trying to confine it with the historic nature 588 of it. It doesn't quite allow for a very 589 straightforward addition. And adding a hallway is 590 something that we've wrestled with at our house as well. 591 In my mind I feel like the applicant has met 592 the requirements for a variance. I think the pipestem 593 on one side of the home and the buried utilities on the 594 other have prevented her from building out on either 595 side, leaving the back as the only viable option to 596 enjoy the enjoyment of her home. 597 To me, I think the addition seems reasonable. 598 It fits within the current cement foundation that's 599 already there. And none of the neighbors seem to have 600 any concerns and they seem to be supportive of Ms. 601 Schwartz' application. 602 So with that, those are sort of my initial 603 thoughts on the application and I will happily defer to 604 other members of the Board for their thoughts and input. 605 MR. KIEN: Yes, I would echo some of those 606 sentiments, Roy. The Board having to weigh in on the 607 issue of a hardship and given the state of the current 608 property and its size and need for expansion for 609 accommodation of the family and its needs, in my opinion 610 that hardship benchmark has been met. So I too would be 611 in support of the variance as presented. 612 MR. JONES: Thank you, Mr. Kien. 613 Any other thoughts from the Board? 614 MR. MISLEH: Maybe it's too late, but I have a 615 question for John. Did we receive any correspondence 616 from the neighbors prior to this meeting? 617 MR. BOYLE: No, sir. The package the Board 618 received is complete. 619 MR. MISLEH: Thank you. 620 I have no additional comments. 621 MR. JONES: Thank you, Mr. Misleh. 622 MR. BARTLETT: This is Keith Bartlett. I 623 don't have any further comments or questions. 624 MR. JONES: Thank you, sir. 625 MR. EPPLER: This is Dale. I would just add 626 that having knowing that area, I suspect one of the 627 reasons that the neighbors are so happy with this or, 628 you know, are happy with the plan is that it's not 629 touching the front of the house. I would agree that 630 going out the back is not only your only real option but 631 it also would be the best for the entire neighborhood. 632 So I would lean towards supporting her application. 633 MR. JONES: Thank you, Mr. Eppler. 634 Mr. Calabrese, anything? 635 MR. CALABRESE: I don't have any further 636 questions or comments. Thank you. 637 MR. JONES: Very good, sir. 638 With that, do we have any motions on this 639 application? 640 MR. CALABRESE: All right. Well, I guess I'll 641 make a motion to approve the variance application, I 642 don't have the number in front of me here, but fill in 643 the blank, the variance application before the Board. 644 MR. BARTLETT: I'll second the motion. 645 MR. JONES: Thank you. 646 Akida, could we have a roll call, please? 647 RECORDING SECRETARY: Sure. 648 Mr. Eppler. 649 MR. EPPLER: I approve. 650 RECORDING SECRETARY: Mr. Misleh. 651 MR. MISLEH: Yes. 652 RECORDING SECRETARY: Mr. Kien. 653 MR. KIEN: Yes. 654 RECORDING SECRETARY: Mr. Bartlett. 655 MR. BARTLETT: Yes. 656 RECORDING SECRETARY: Mr. Calabrese. 657 MR. CALABRESE: Yes. 658 RECORDING SECRETARY: Mr. Jones. 659 MR. JONES: Yes. 660 RECORDING SECRETARY: Thank you. 661 MR. JONES: Ms. Schwartz, congratulations. 662 Good luck on your project. 663 MR. BOYLE: Margaret, well done. 664 MS. SCHWARTZ: Thank you very much. I'm very 665 happy. I can't tell you, having been in this house for 666 17 years, they're going to carry me out horizontally 667 because I love it and I want to keep it as beautiful as 668 the day it was built. So thank you all very much. 669 MR. JONES: Congratulations. Good luck on 670 your project. 671 MS. SCHWARTZ: Thank you. 672 673 5. NEW BUSINESS 674 6. APPROVAL OF MINUTES 675 a. Approval of the September 17, 2020, Meeting 676 Minutes 677 MR. JONES: Okay. Next item on the Agenda is, 678 Mr. Boyle and Akida, I don't think we have any New 679 Business. Just the approval of the meeting minutes from 680 September 17, 2020. 681 MR. BOYLE: That's correct. 682 And if I could lend some of staff experience 683 to the Board, rather than going page by page, in the 684 past it's been helpful simply to have Board members 685 raise issues with the minutes and go directly to them, 686 rather than go through the entire minutes, but that's 687 your preference. 688 MS. SCHWARTZ: Excuse me. May I leave if you 689 don't need me anymore? 690 MR. JONES: Yes. 691 MR. BARTLETT: Yes. Thank you very much. 692 MS. SCHWARTZ: Thanks again, everyone. Bye. 693 MR. JONES: I think that's sage advice from 694 Mr. Boyle. If you have any questions or concerns or 695 inaccuracies that you want to point out in the minutes, 696 we'll take a few minutes to go through them, but if 697 nobody has any comments or concerns with those minutes, 698 we can certainly entertain a motion. 699 MR. BOYLE: I mention that because over the 700 years we've had some BZA members, and I can comment on 701 them because they're no longer members of the Board. 702 They were sticklers for exactly what they said. And 703 recording devices have improved over the years and those 704 issues I think are fewer than they used to be. 705 But what has occurred over the years is 706 usually a few moments for the Board to consider the 707 minutes, and then individually if they had items, go 708 ahead and raise them and those were addressed at that 709 time. And if the Chair heard no objections after a 710 certain amount of time, then the Board simply moved to 711 approve. 712 Any of you who are really interested in 713 hearing BZA discussions of minute approvals, staff has 714 preserved all of those and we can provide them for you. 715 But they're not that substantive to our discussion here. 716 So I would suggest the Board consider 717 corrections to the minutes and move forward. 718 MR. JONES: Very good, sir. Thank you. 719 When I was reviewing minutes, I didn't note 720 any corrections, at least on my end, but I'm happy to 721 defer to the rest of the Board. 722 MR. MISLEH: I move to approve the minutes of 723 the Board of Zoning Appeals from September 17, 2020. 724 MR. JONES: Is there a second? 725 MR. KIEN: I'll second. 726 MR. JONES: Roll call please. 727 RECORDING SECRETARY: Mr. Jones. 728 MR. JONES: Yes. 729 RECORDING SECRETARY: Mr. Calabrese. 730 MR. CALABRESE: Yes. 731 RECORDING SECRETARY: Mr. Bartlett. 732 MR. BARTLETT: Yes. 733 RECORDING SECRETARY: Mr. Kien. 734 MR. KIEN: Yes. 735 RECORDING SECRETARY: Mr. Misleh. 736 MR. MISLEH: Yes. 737 RECORDING SECRETARY: Mr. Eppler. 738 MR. EPPLER: Yes. 739 RECORDING SECRETARY: Thank you. 740 MR. JONES: Very good. Thank you. 741 742 7. OTHER BUSINESS 743 MR. JONES: I think the only two remaining 744 items on the Agenda are Other Business and then 745 Adjournment. 746 I know on a personal note for Other Business, 747 I wanted to let the Board know, I was speaking to John 748 and Akida earlier, and I'll send out an email to this 749 effect, but my commission with the Board expires 750 December 31st of 2020, and we've made the decision to 751 not renew my commission, so my time on the Board will 752 come to an end at the end of December. 753 It's been a five year journey for me. I've 754 enjoyed every minute of it and I've certainly enjoyed 755 working with everyone on the Board over the years. 756 So I wanted to thank everybody for their time, 757 their friendship, and it's been a lot to me but the five 758 year journey for me will be ending at the end of 759 December. 760 I don't know if we'll have a December meeting 761 based on what Mr. Boyle and Akida were saying, so this 762 very well could be my last meeting. But I just wanted 763 to let the members of the Board know sort of my status 764 and let them know it's been a great honor in the past 765 five years to work with each of you and the Board and 766 John and Akida and I'll certainly stay in touch. 767 But that was the only Other Business that I 768 think we needed to discuss. 769 MR. BARTLETT: Very sad news, Mr. Jones, and I 770 do truly appreciate your time and our relationship and 771 what you've provided to the Board. It's been fabulous. 772 And we will certainly miss you and thank you for sharing 773 that with us. 774 MR. JONES: Thanks, Keith. I appreciate it. 775 MS. ROUZI: I think we will have a December 776 meeting. I believe we have the West End Falls Church 777 variance and maybe possibly a sign variance but I did 778 want to say that. So we might be able to say a proper 779 goodbye with a frame or a plaque of some kind. But 780 we're going to miss you. 781 MR. JONES: Well, I appreciate it. In the 782 government we say, a certificate suitable for framing. 783 So I think that will be perfect. 784 But, Keith, I appreciate the kind words and 785 I'm sure we'll definitely stay in touch. 786 Didn't want to end the meeting on a somber 787 note, but I just want everybody to know that. I 788 apologize I didn't get a chance to send out an email 789 earlier. But we might be able to get the band back 790 together for the December meeting. 791 MR. BOYLE: If we do, the requirements 792 historically have been that you provide baby pictures 793 and that's your hall pass out of the BZA. 794 MR. JONES: I can certainly do that. And for 795 everybody's benefit, the newest addition, the little 796 girl, looks a lot like her mother. So, that's good news 797 for everyone. 798 MR. KIEN: Good for her. 799 800 8. ADJOURNMENT 801 MR. JONES: Okay. With that, do I have a 802 motion to adjourn? 803 MR. EPPLER: Move to adjourn. 804 MR. JONES: Second? 805 MR. KIEN: I'll second. 806 MR. JONES: Roll call please, Akida. 807 RECORDING SECRETARY: Mr. Eppler. 808 MR. EPPLER: Agreed. 809 RECORDING SECRETARY: Mr. Misleh. 810 MR. MISLEH: Yes. 811 RECORDING SECRETARY: Mr. Kien. 812 MR. KIEN: Yes. 813 RECORDING SECRETARY: Mr. Bartlett. 814 MR. BARTLETT: Yes. 815 RECORDING SECRETARY: Mr. Calabrese. 816 MR. CALABRESE: Yes. 817 RECORDING SECRETARY: Mr. Jones. 818 MR. JONES: Yes. 819 RECORDING SECRETARY: Thank you. Good night, 820 everyone. 821 822 823