Board of Zoning Appeals

1 BOARD OF ZONING APPEALS MEETING 2 VIRTUAL PUBLIC HEARING 3 Thursday, May 13, 2021 4 7:30 p.m. 5 6 1. CALL TO ORDER 7 MR. BARTLETT: Okay. So we have a quorum and 8 so I will call the meeting to order. 9 This is Keith Bartlett, chair of the Board of 10 Zoning Appeals. I will call to order the Board of 11 Zoning Appeals meeting for Thursday, May 13, 2021. 12 If we could ask Akida for a roll call. 13 MS. ROUZI: Before I start with a roll call, I 14 just want to read the required virtual meeting notice. 15 This meeting will be held pursuant to and in 16 compliance with the Virginia Freedom of Information Act, 17 Section 2.2-3708.2 and state and local legislation 18 adopted to allow for continued government operation 19 during the COVID-19 declared emergency. All 20 participating members will be present at this meeting 21 through electronic means. All members of the public may 22 view this electronic meeting via the meeting link 23 provided on the City's web calendar. 24 25 2. ROLL CALL 26 RECORDING SECRETARY: Mr. Bartlett. 27 MR. BARTLETT: I'm here. 28 RECORDING SECRETARY: Mr. Misleh. 29 MR. MISLEH: Here. 30 RECORDING SECRETARY: Mr. Eppler. 31 MR. EPPLER: I'm here. 32 RECORDING SECRETARY: Mr. Calabrese is absent. 33 Mr. Kien is absent. 34 Thank you. 35 36 3. PETITIONS 37 At this time I will ask if there are any new 38 Petitions for the Board that are not included in our 39 Agenda. 40 MR. BOYLE: No, sir. 41 MR. BARTLETT: Thank you, John. 42 43 4. OLD BUSINESS 44 MR. BARTLETT: Next we'll go to any Old 45 Business that is carried over from prior meetings. 46 Is there any Old Business to address that is 47 not on the Agenda? 48 MR. BOYLE: No, sir. 49 50 5. NEW BUSINESS 51 a. Special Use Permit application U1623-21 by Lisa 52 Wills, applicant, to allow a daycare use otherwise not 53 permitted by right, on premises known as 128 South 54 Spring Street, RPC# 52-203-037 of the Falls Church Real 55 Property Records, zoned R-1A (Low Density Residential). 56 57 MR. BARTLETT: It looks like we have one item 58 on our Agenda as New Business. It is Special Use Permit 59 application U1623-21 by Lisa Wills, applicant, to allow 60 a daycare use otherwise not permitted by right, on 61 premises known as 128 South Spring Street, Residential 62 Property Code 52-203-037 of the Falls Church Real 63 Property Records, zoned R-1A. 64 We have received information from the 65 applicant regarding an application for a special use 66 permit. We have received information from the Planning 67 Commission based on a public meeting that was held on 68 May 5th of this year. 69 I will ask if John or Akida could provide some 70 background information from the City's perspective as to 71 what this facility is, what the property status is, what 72 the goal is, and other information including why we need 73 a special use permit for this facility or this structure 74 and for this business. 75 And then we'll go to the applicant to have her 76 present her petition. 77 MR. BOYLE: Thank you, Mr. Chair. 78 First, if we haven't already done so, let's 79 welcome Christine Ward who's on your screen as a guest. 80 She's observing this meeting tonight as a pre-requisite 81 to potentially becoming a member of the BZA and she's 82 going through that process with the City Clerk. So, 83 welcome to Christine. 84 And before we get into the substance of the 85 meeting, Mr. Chair, we should advise the applicant 86 regarding the quorum present and the necessary votes in 87 favor to carry the motion and their option to continue 88 if they wish to get additional members present. 89 MR. BARTLETT: Sure. We can talk about that 90 now or talk about that when she presents, but since you 91 brought it up, that's fine. 92 Ms. Wills, we have a quorum of three members 93 out of five total members for the Board of Zoning 94 Appeals. And to have a variance or special use permit 95 approved by the BZA, you need three votes from the 96 members. And since there are only three members present 97 today, you will need all three of our affirmative votes 98 for your special use permit to be approved at this 99 meeting. 100 So you have the opportunity during the meeting 101 to request a continuance until the June meeting if you 102 feel like you'd like more members present or for you to 103 provide that information to us and to get a potential 104 more than three necessary votes. 105 You don't have to provide that response now, 106 but at some point before we decide or close the meeting 107 or vote on your special use permit request, you should 108 let us know. 109 MS. WILLS: Okay. 110 MR. BOYLE: Briefly, Mr. Chair, this is a 111 special use permit. And with special use permits, I 112 generally like to give a reiteration of what the Board's 113 authority is for special use permit and why this is 114 before you as opposed to the classic variances that the 115 Board sees. 116 This particular use, being essentially a 117 private school in a residential neighborhood, is 118 specifically called out as requiring a special use 119 permit and that process involves a public hearing before 120 the Planning Commission which was held, as the chair 121 mentioned, and for the purpose of making a 122 recommendation to this Board and the Board should have 123 that information from the Planning Commission. 124 And then during the Board's consideration of 125 this application there are two major considerations: 126 One is can the use work in the neighborhood, at the 127 location, given the details of the use and be in 128 compliance with the provisions of this chapter. 129 Basically, can it co-exist with the neighbors in this 130 setting. It's a use that's been called out as 131 potentially being incompatible with the neighbors so we 132 have this two-step public hearing process from the 133 Planning Commission and the BZA to make sure there's no 134 inconsistencies with the existing neighborhood. 135 Further if it's found that obviously it cannot 136 co-exist with those uses, then the Board is in power to 137 deny the application. If it's found to be able to 138 co-exist with those uses if certain conditions were 139 applied, then the Code says it shall be approved with 140 those conditions. 141 So it's a very different standard than the 142 variances that the Board typically sees. And I think 143 you have some conditions sent to you by the Planning 144 Commission. 145 But for special use permits it's entirely 146 about how compatible would this be in the neighborhood. 147 And then in keeping with that, the Board has 148 the authority in addition to denying, the Board can 149 approve for a year and have this applicant come back and 150 we would review impacts on the neighborhood, or could 151 approve indefinitely. 152 Typically if the Board chooses to approve a 153 special use permit, they set a one year review period 154 and then asks staff to report back on have there been 155 any complaints, police reports, things like that. 156 At any time during that one year, staff can, 157 based on incidents it's received, complaints from the 158 neighborhood, what have you, if it's just not working 159 out, staff can schedule this applicant to come back to 160 the BZA for another round of discussion about what's 161 working, what's not working. 162 So that in a nutshell is the authority of the 163 BZA for a special use permit. 164 The last one this Board heard for a special 165 use permit was for a home tax preparer, basically a 166 commercial home office in a single family residence. 167 It's been some time. 168 So with that, I'll turn it over to the 169 applicant for their presentation. 170 You should have, the Board should have the 171 application with some photos of the property and 172 something of a parking plan and a description of the 173 size of the group intended, and we'll defer to their 174 application at this time. 175 MS. WILLS: Hello, all. I'm Lisa Wills and I 176 want to thank you for this opportunity and your time to 177 work with me to make this nature-focused children's 178 program available to the Falls Church community. 179 This area has a consistently high demand for 180 child care services and the need for children to have 181 social time with peers has never seemed more important. 182 As we move out of this pandemic, one thing we 183 have learned is the value of outdoor programs like this 184 one with the focus of the natural world. I'm personally 185 committed to this project as a pre-school teacher, child 186 care provider, and a child care business operator. 187 My experience gives me an understanding of 188 child programs and child care needs and also the ability 189 to manage community needs and keep good relations for 190 things like neighborhood traffic and parking. 191 With our focus on nature, we will strongly 192 encourage environmental alternatives, like walks, bikes, 193 carpool, and public transit. However, I know from 194 experience that depends on family logistics and things 195 like the weather and it is important to have a plan for 196 clients using their cars. 197 You can see the parking plan that the Board 198 has reviewed and accepted in more detail in the 199 materials. I want to highlight two things. 200 So, for child pickup and drop-off, the double 201 parking area next to the Scout House can accommodate 202 about 13 cars at any time. I did practice with another 203 teacher and I provided you with a list attached with the 204 cars. Pickup/drop-off will start from the tree. You 205 can see images 4 and 5. It's not on the sketch. It's 206 actually image 4 and 5 with the following cars single 207 filing in a U-shape capacity. It will be prohibited to 208 block the sidewalk or to idle or park on Spring Street 209 for pickup/drop-off. There's a little circle to show 210 actually where you drop-off/pickup. 211 Drivers will be instructed to approach 212 pickup/drop-off from the North, from Broad Street, going 213 south on Spring Street and make a right turn into the 214 sides. 215 Pickup/drop-off can be staggered in small 216 increments so that cars will not exceed the capacity at 217 any time. Staff will be on hand to manage the process 218 and ensure compliance. I'm exploring environmentally 219 with responsible options so I will mark the gravel area 220 and the parking with the property owners. 221 We will also continually inform clients about 222 the parking and drop-off/pickup rules and our good 223 neighbor policy and regular reminders such as email and 224 newsletters. 225 I will regularly reach out to our neighbors to 226 find out if they are experiencing any inconveniences 227 related to our program. That's about the parking. 228 I have been working with the City of Falls 229 Church and Virginia government offices on the number of 230 children and the issues of fast parking and traffic and 231 I am encouraged by their advice and support. 232 I'm also grateful for all the support I have 233 received from the neighbors. 234 Based on the City and State recommendations to 235 me, the application requests the maximum number of 236 children allowed, the maximum hours of operation, even 237 if those actual numbers and times will be longer due to 238 other considerations. The child care office will not 239 approve a number of children until after all of the 240 zoning issues are finished. Then they will do a site 241 visit and analysis and determine the maximum capacity 242 for children. So the number could be longer but not 243 likely be higher. Number of staff on site is based on 244 the number of children, of course. 245 So I'm working with the Scout House Board on 246 actual hours of operation and we can finalize that after 247 this Board makes a decision. 248 I can just tell you that it's an interesting 249 process, trying to balance the recommendations for what 250 is needed and the best for the community and the 251 requirements. 252 I do appreciate also your patience and all 253 your support and I welcome your thoughts. 254 MR. BOYLE: Lisa, if I could, this is John 255 Boyle. 256 Could you explain to the Board a little bit 257 about what the daily operations will be like, what are 258 the advantages the children will receive there. And 259 have you spoke to any of the neighbors, I believe that's 260 in your packet but could you speak a little bit to 261 neighbor support and what the operation would be like on 262 a daily basis please. 263 MS. WILLS: Well, operating hours will be 264 limited as long as I know if I'm approved. I will have 265 four or more teachers at any given time. 266 I propose ages like from one year to 267 elementary age but however primary focus of the program 268 is for children from one year to pre-K. Children ages 269 one year to two and a half years may attend with the 270 parents/ caregivers or some programming and elementary 271 age limits would accommodate before and after school 272 care. 273 I'm sorry. What was your other question? 274 MR. BOYLE: Support from the neighbors. And I 275 guess what I was getting at with what their day would be 276 like, what are the advantages of this particular 277 location. 278 MS. WILLS: Yes. I talked to many neighbors. 279 And I reached out to I believe ten of them. I submitted 280 letters of support and I emphasized that I would like to 281 continue the tradition of Sue Johns that she actually 282 provided child care service called On the Right Track 283 for about 16 years from 2003 until 2019 when she passed 284 away, and use that space for child care services focused 285 on an outdoor nature program. 286 The program is also called Nature Academy, a 287 nature-based program that children will have the 288 opportunity to learn confidence, competence, and skills 289 for kindergarten in a natural and outdoor environment. 290 I'm just trying to find a list of all the 291 houses that I visited. 292 But I'm a strong believer that children will 293 play joyfully in nature and enjoy special outdoor play, 294 outdoor picnics, as a conversation area and also we can 295 use Berman Park that is -- because this house, Scout 296 House, is located on 1.9 I believe acre lot and is 297 surrounded by a beautiful park, outdoor branches and 298 tables, playground in the back and a conversation area 299 with a picnic table located on the end of the park. 300 So I reached out to about -- I visited about 301 15 of our neighbors. I talked to them. I said I wanted 302 them to know what is happening in the neighborhood and 303 also the process that I'm going through. 304 I heard from all of them that they are 305 supporting this program. They want to support this 306 program. I sent this to reach out, some neighbors a few 307 times but I wasn't successful. I lacked some 308 information with them. 309 So I'm very delighted, you know, to hear that 310 all neighbors that I reach out to them really support 311 this kind of pre-school with the outdoor program for 312 children. 313 MR. BARTLETT: Miss Wills, thank you so much 314 for your initial presentation. We appreciate the effort 315 and the outreach you've done to the neighbors, putting 316 together the application. I believe you had a meeting 317 with the Planning Commission to address their concerns 318 initially. It looks like they've provided some 319 information and some recommendations based on those 320 comments and questions and concerns they might have had. 321 At this point I'd like to open up with asking 322 you some questions about the use of the property and the 323 status of the property and a couple of questions about 324 how you're going to use it and then I'll ask other Board 325 members if they have any other questions. 326 Do you have a contract or a lease with the 327 owners of the Scout House to operate this business? 328 MS. WILLS: Actually I got the affirmation 329 that I can operate child care service at this location 330 and, yes, I will have a contract as soon as I'm done 331 with this process. 332 MR. BARTLETT: Can you clarify what you said at 333 the end. You will have a contract? 334 MS. WILLS: We do have agreement, yes. Yeah, 335 we talked about many details about the rate and 336 everything and we are just trying to finalize once I 337 know the number of children. 338 I cannot really, you know, we need to have 339 your approval and then we can finalize other details, 340 some small details, yes. 341 MR. BARTLETT: So based on your conversations 342 with the Scout House, I'm just going to call them the 343 Scout House because I don't know what else to call them, 344 you have verbal agreement to operate and then if you get 345 permission from the City to operate, then you will be 346 able to sign a contract with the Scout House. 347 MS. WILLS: It wasn't any really verbal 348 agreement. Actually it was a letter that I submitted 349 with my application because I was required to do that. 350 I think it should be in a package that it was submitted 351 to you. I provided Akida and John with a letter of 352 approval from the Scout Board Association. 353 MR. BARTLETT: Okay. 354 MR. BOYLE: Mr. Chair, that's correct. With 355 applications of this nature we require the property 356 owner to submit a letter of support. And I believe, is 357 that Kelly Edwards that's from the Scout House? 358 MS. EDWARDS: Yes, I'm here. 359 The Scout House Board met last night to 360 discuss the use and we did not vote on it yet because we 361 had questions for the applicant. So there is a letter 362 there but the Board has not approved this as of yet. 363 MR. BARTLETT: Okay. Thank you. 364 Does the City of Falls Church, or in this 365 case, I'm not sure who has jurisdiction over operation 366 of child care facilities or private schools in this 367 regard or whatever the characterization of what this 368 facility would be, have any child per square foot 369 requirements, and what is the square footage of the 370 usable indoor space of your facility? 371 MS. WILLS: That is going to be decided by 372 child care office and I did talk to them and I follow 373 also their recommendation, you know, in my application, 374 to request the maximum number of children and also some 375 longer hours of operation and then they will make a 376 decision also and I will talk to the Scout Board 377 Association and then agree with them about what hours, 378 you know, I can provide child care service at this 379 location. 380 MR. BOYLE: Mr. Chair, the City's involvement 381 is kind of two step. One is getting permission for the 382 use itself which we're doing this evening with the 383 special use permit hearing. 384 Secondly, assuming everything's approved, the 385 use permit is contingent on Commonwealth of Virginia's 386 oversight approving. And then when the actual occupancy 387 permit to go into the space is applied for, the building 388 official will review it for compliance with building 389 code. 390 There's a number of items in the building code 391 regarding to assembly of children. 392 The Board tonight, what typically happens with 393 these things is the Board if it chooses, if it chooses 394 to approve may condition its approval on approval by the 395 State and approval by the building official for their 396 applicable codes. So that perhaps the BZA is okay with 397 the use but we want to make sure the State and building 398 officials' codes are applied and complied with. 399 So to answer your question, there's two more 400 pieces that need to be looked at once the question of is 401 the use permissible is decided. 402 MS. WILLS: Right. I cannot move with my 403 application, with my child care application until I have 404 finalized this part of my application. 405 So this is my first step actually that I need 406 to go through so I can move to my next step, the next 407 step of my application and that's with the child care 408 office. 409 But I'm working with them so, you know, all 410 submitted material is actually based on their 411 recommendation. 412 MR. BARTLETT: Okay. I'm going to keep asking 413 questions because I have many to figure out and then 414 I'll ask the other members of the Board if they have 415 other questions. 416 I'm going to ask this of the City, of John and 417 Akida. 418 Did the prior occupant who operated a daycare 419 possess a special use permit? 420 MR. BOYLE: Mr. Chair, I could not locate a 421 special use permit and I think that may be because they 422 were in operation before the Code required one. But we 423 do know they operated for many years and we have very 424 good records on what's been issued in the past and could 425 not find one for the previous owner. 426 We do know they were in operation for many 427 years and we also didn't have any complaints or issues 428 with that operation within the neighborhood. We just 429 don't have a record on how it got in there and what the 430 approvals were. 431 MS. WILLS: Right. And if I can just say, I 432 reached out to the building department and I'm approved 433 by the building department for 49 children. 434 So I want to follow their recommendation. So 435 I'm going to reach out to different departments and to 436 help me to submit this application for you to get 437 through this approval process. 438 MR. BARTLETT: You said the building 439 department at the City -- 440 MS. WILLS: Yes, yes. 441 MR. BARTLETT: -- allowed -- 442 MS. WILLS: Yes, and I do have a quote that I 443 was approved for, that is approved for 49 children. I 444 can find you that information and then send over to you. 445 I don't have that quote right now. I need to go through 446 my material. 447 Maybe I will be able to locate it if you want 448 me. 449 MR. BARTLETT: I'm going to pause right now 450 and ask if any other Board members have any other 451 questions. 452 MR. MISLEH: Mr. Chair, this is John Misleh. 453 My question for the applicant is what is your experience 454 operating child care services. 455 MS. WILLS: Yes. Well, I'm a preschool 456 teacher, child care provider, and child care business 457 operator. And my experience gives me an understanding 458 of child programs and child care needs. 459 I worked for many years in this business and I 460 also used to have my own business in Clarendon so I'm 461 very familiar with any maybe parking issues, or, you 462 know, dealing with the neighbors and making a good plan, 463 manage a good neighbor policy, and relation with all 464 neighbors. 465 MR. EPPLER: Ms. Wills, this is Dale Eppler. 466 I have one question for you as well. 467 As I understand the Planning Commission 468 recommended your special use but imposed a number of 469 conditions. I just wanted to see if you had any 470 concerns about those conditions. Because it sounded 471 like they approved you or one of the conditions was a 472 lower number than the 49 children that you said the 473 building department had approved. 474 MS. WILLS: Yes, yes. And, you know, I was 475 completely fine with that. To be honest, we don't 476 really know the exact number. But one Board member 477 recommended 35 to 39, 35 to 39 and I just said that's 478 completely fine with me. So they agreed actually to go 479 with 39 number of children, suggested number of 480 children. 481 MR. EPPLER: Just one other question. And I'm 482 sorry if this was in one of your diagrams, I'm sorry but 483 I don't remember seeing it. 484 I saw the U-shaped drive-thru for dropping off 485 and such. How many additional parking spaces besides 486 that drive-thru area will you have for staff? 487 MS. WILLS: Well, you know, what I was 488 thinking actually, that it would be actually staggered 489 parking actually. Drop-off and pickup times will be 490 staggered in small increments so staff and 491 parents/caregivers will communicate by text so that one 492 staff is prepared with three children for drop-off and 493 two children are prepared and ready for their 494 parents/caregivers at pickup time. 495 For the staff actually I do have already two 496 staff members from that area that they will not use any 497 transportation. And two other members -- it depends 498 really on how many children we will have. We can park 499 somewhere else. I was also in communication with 500 American Legion that we can use also their parking if 501 that is really necessary. 502 MR. EPPLER: Thank you very much. 503 MS. WILLS: I mean, I do agree that, you know, 504 we will have sometimes, you know, like visitors parking 505 like maybe yoga teacher or parent volunteer, that will 506 be all pre-arranged. And it will be available not, you 507 know, the gravel area would be available if it's 508 prearranged. So, it will not be allowed during the 509 drop-off and pickup times. 510 MR. BARTLETT: I have one followup question 511 about the parking. We keep talking about parking and 512 drop-off and I feel like it is an important 513 consideration when you're dealing with two interactions 514 per day for each child, dropping off a child, picking up 515 a child and having that done 30 to 40 times in the 516 morning and 30 to 40 times in the afternoon. 517 In that gravel/parking lot is your handicapped 518 parking space. Does your proposed drop-off utilize and 519 go over that required handicapped parking space and how 520 do you plan to deal with that? 521 MS. WILLS: Yes, by my previous experience 522 shows that parents/caregivers will comply with these 523 policies in the spirit of community. And if they know 524 the importance of this from the start, I don't really 525 see any problem. 526 In the event of non-compliance, I will 527 communicate directly with the person responsible and 528 stress the importance of these policies. 529 I have to emphasize that I worked in preschool 530 with 125 to 130 children and almost entirely 531 kiss-and-ride, pickup and drop-off for the arrival and 532 departure. And we able to do this every day with 533 minimal time, approximately ten minutes, with minimal 534 distraction to the neighborhood or the traffic flow. 535 It works very smoothly due to having 536 additional staff on hand for pickup and drop-off. 537 538 MR. BARTLETT: But as far as the handicapped 539 space in your parking lot, I'm just curious about how 540 you're handling that space. Is that not going to be 541 utilized during pickup and drop-off or will it and if 542 you have -- I just don't think you can just drive over 543 them. I'm just curious. 544 MS. WILLS: We will not need to use -- we will 545 not need to park in the handicap spot. 546 MR. BARTLETT: But your drop-off and pickup 547 will utilize that, right? 548 MS. WILLS: Right, you know, for the pickup 549 and drop-off while they're entering that area. But, you 550 know, if we have needs that somebody needs to park 551 there, it will be available for parking. I mean, that 552 gravel area will be used only for pickup/drop-off time. 553 MR. MISLEH: So, Mr. Chair and the applicant, 554 I think it's important to understand, there was a caveat 555 there from one of the members of the -- or what was 556 stated regarding the Board having to approve the use at 557 the Scout House. Is this decision premature to that 558 agreement being placed? Shouldn't we be, I guess, 559 shouldn't we be making the decision after you have a 560 firm agreement with the site rather than making a 561 decision on a site that you're not yet in control of? 562 MS. WILLS: I cannot get the agreement without 563 the approval. 564 MR. BOYLE: I can speak to that with our past 565 experience. 566 The Board has required approval in advance on 567 occasion. It has also conditioned it on the approval 568 with some indication from the property owner that 569 they're aware of the process, so the Board isn't 570 approving something on someone's property and they're 571 not aware of it. 572 This property owner is aware of it and perhaps 573 Kelly Edwards could speak. 574 Is there a reason the Scout House did not 575 approve? 576 MS. EDWARDS: Yes. 577 MR. BOYLE: Are you awaiting some details? 578 Could you speak to that, whether the Board objects to 579 this use on the property. 580 MS. EDWARDS: Yes, I can speak to that. 581 The letter that was submitted by Tim Lewis, 582 the Board members felt was submitted prematurely. A lot 583 of members were unhappy it was submitted because we 584 hadn't voted as a Board on it. 585 After the Planning Commission meeting which I 586 attended, the Scout House Board had sort of an emergency 587 meeting last night to discuss this knowing that it was 588 going to go before the BZA tonight. 589 The Scout House Board did not approve it last 590 night. There were five concerns that were put forth 591 that one of the members will be contacting Ms. Wills 592 about. 593 And they are: We have a restriction on the 594 daycare. It has to end at 3:00 and we wanted to make 595 sure she was aware of that. 596 There is minimal storage. So we wanted to 597 make sure she knew where she was going to store her 598 equipment. Is she going to bring a trailer every day? 599 There is no storage at the Scout House. 600 There is no air conditioning. The previous 601 person who ran a daycare there was not running it during 602 the summer which this applicant wants to and there is no 603 air conditioning. 604 The Planning Commission had required that 605 signage be erected and the Scout House wanted more 606 clarification from the applicant on what that meant. Is 607 it permanent signage that's going to be put on Scout 608 House property and who would pay for that, or is it 609 signage attached to like orange cones? 610 And also the Scout House noted that the 611 handicap spot in the drawing that was submitted to the 612 Planning Commission, the BZA, did not incorporate the 613 handicap spot that is there. And the way the drawing is 614 done, it looks like 12 cars can zoom around the lot. 615 Twelve cars cannot fit in that lot, the Board noted. 616 And if you did put twelve or a number of cars going 617 around the lot, they would run right over the handicap 618 spot which has to be left open for use. 619 So the Board decided to table approving this 620 applicant's request until one of the members spoke with 621 her this week and then we are meeting again I believe 622 next week once we get those answers. 623 But the Board has not approved this as of 624 right now. I hope that answers your questions. 625 MR. MISLEH: Thank you very much. That was 626 very insightful. 627 I feel based on that information, I feel like 628 some of the terms and conditions that were included in 629 the applicant's package are not in conformance with the 630 property owner's requirements or limitations. 631 And so, John, I'd look to you to advise us how 632 you think we should perceive that. 633 MS. WILLS: I think I notified that the hours, 634 you know, that I talk about the hours and I did ask, you 635 know, if I can operate maybe longer hours. I'm aware 636 that, you know, I was kind of approved to operate until 637 12 or 2 p.m. You know, that's what I know and that's 638 what I put in the application. 639 The other things, you know, after this is 640 approved would be worked through. And also, even, you 641 know, working through the summer or opening this 642 facility will be worked actually with the Scout House 643 Association. 644 So, I don't really know what else to say but I 645 would like John to continue forward. 646 MR. BARTLETT: I'd like to ask a couple more 647 questions before we actually go through that, because if 648 and when we have a continuance of this meeting or we 649 have a vote on this meeting, on this application, I have 650 further information that I need before I can approve or 651 vote to approve or vote to approve with conditions and 652 so I'd like to just ask a couple more questions. 653 And if you don't have the answers now, then we can 654 find the answers eventually. 655 So you've proposed a preschool operation or a 656 child care operation that includes nature, the outdoors, 657 and I truly like the concept and I love the approach. 658 But you talk about the use of Berman Park as a 659 selling point of your operation. And that includes the 660 use of city-owned and public property as part of your 661 curriculum. I don't know if -- I know everyone can use 662 City property but I don't know if you can operate a 663 child care center as part of your curriculum on the 664 premise that you're going to have access to the City 665 park that is adjacent to you. 666 I just want to ask John, I don't know if this 667 was discussed with the Planning Commission, but part of 668 this business plan basically requires the use of City 669 property and I just wanted to know if you have some 670 insight on that and maybe, Lisa, you have insight as 671 well. 672 MS. WILLS: By my experience, you know, many 673 child care facilities use public parks. The reason for 674 that, the reason why they use them, because they operate 675 in a facility that they have maybe about 100 children 676 and they don't have any outdoor space. So they were 677 approved, you know, with strict Arlington regulations, 678 you know, that they can operate without any outdoor 679 space. 680 So I know that they cross busy streets and 681 then they go to use the public park. However, this 682 location is located on over 1.09 acres of land. So if 683 you are telling me that I cannot use Berman Park, you 684 know, I would be fine with that. 685 MR. BARTLETT: I just want to clarify, I'm not 686 telling you or recommending that you can't. I'm asking 687 the question of, can you, should you advertise that as 688 part of your curriculum and if so, does the City need to 689 approve that? 690 MR. BOYLE: Mr. Chair, we do have an example 691 of this in the past, fairly recently actually, with a 692 daycare off of Hillwood. And it did require a letter of 693 support from the Parks and Recs. All the property 694 owners involved need to sign off and be in approval with 695 the use. 696 So if her plan needs the use of a City park, 697 it would require approval by the City, separate from 698 this Board. 699 MR. BARTLETT: So I just have one further 700 question. I actually walked by the property. I live in 701 the neighborhood. I notice that it's a large, open 702 area. There's a trail that's parallel to a stream that 703 is right adjacent on the property. 704 Do you have any plans or are you required to 705 fence in that area to operate a child care center for 706 child safety, etcetera? 707 MS. WILLS: Yeah, I think that's a very good 708 question. Actually, you know, the child care office 709 actually changes the regulation. So as much as I know, 710 it was required maybe a few years ago but now actually 711 they changed the regulation. So whatever really they 712 suggest and recommend, I will just go with that. 713 So far I know, you know, they don't require 714 any more but I will definitely talk to them and follow 715 their advice. 716 MR. BARTLETT: Does anyone else have any 717 questions, Mr. Misleh or Mr. Eppler? 718 MR. EPPLER: I do not. 719 MR. MISLEH: I think I go back to my previous 720 question for staff. 721 John, you know, given that there's still 722 unresolved points with the property owner prior to the 723 business being able to secure the site, how do we 724 address that in a vote? 725 MR. BOYLE: It may be too much to condition 726 the approval of a property owner. That should really 727 come to the Board as part of the application and now 728 potentially we have two property owners, one of which is 729 the City. 730 It may be prudent for the Board to list some 731 pieces of information that it requires and continue this 732 item rather than take it to a vote. I think there's 733 some things we still need resolved. 734 MR. BARTLETT: I completely agree with John's 735 position, Mr. Misleh's position, and the potential 736 approach that you've provided, Mr. Boyle. 737 Ms. Wills, I feel like the intent is great, 738 the approach is great. The facility is needed. I just 739 don't have enough information and I don't think that you 740 have an actual agreement that we can approve. Does that 741 make sense? 742 So I don't know if I or we make a 743 recommendation to continue. 744 I will just reiterate that you have a right to 745 request a continuance if you don't feel at this point 746 you're going to get three affirmative votes from the 747 three members of the Board of Zoning Appeals tonight. 748 MS. WILLS: Yes, please, I would request a 749 continuance. 750 Yes, I would please request a continuance. 751 MR. BARTLETT: Okay. 752 MS. WILLS: What would you need from me, 753 please. 754 MR. MISLEH: Keith, I couldn't hear you. Are 755 you there? 756 MR. BARTLETT: I'm here. I was sort of 757 pantomiming. I was sort of waiting to hear from her. 758 Sorry, I wasn't speaking. 759 MR. MISLEH: She's requesting a continuance. 760 So, I think, Ms. Wills, thank you for all of the 761 information. I think the use is, I echo Mr. Bartlett's 762 sentiment that the use is in much need and that would be 763 a great site for it. I just think that you've got a 764 couple of details to work out before the Board can give 765 you an affirmative vote. 766 So thank you for your time this evening and 767 we'll look forward to seeing you when you're ready for 768 this Board to move. 769 MS. WILLS: And you will let me know what I 770 need to provide. 771 MR. BARTLETT: I will clarify that we are not 772 an advisory Board to provide you a list of all the items 773 that you need that would grant approval by the Board of 774 Zoning Appeals. 775 I would encourage you to work with staff at 776 the City of Falls Church, including the Zoning 777 Administrator, the Parks and Recs Department, the 778 Building Department, and Child Care Services and whoever 779 the authorizing authority is, and then I would encourage 780 you to work with, based on the questions that we had 781 today and the information that was discussed, work with, 782 amongst others, your potential landlord for this 783 facility. 784 MR. BOYLE: Mr. Chair, that's an excellent, I 785 think, summary of where the Board sits. 786 Speaking on behalf of staff, I think based on 787 what we heard tonight, the application is actually 788 incomplete. And so the applicant should, as the Chair 789 said, approach the City's Recreation Department for 790 permission to use that park, if you need it; and 791 secondly, firm up your agreement with the property 792 owner. The Board cannot hear an application where the 793 property owner does not agree. 794 So that's your homework before the next 795 meeting. 796 With that, I think we need a motion from the 797 Board to continue and then a vote. 798 MR. MISLEH: I make a motion to continue this 799 application to a future date when the applicant is ready 800 and has a completed application. 801 MR. EPPLER: I'll second that motion. 802 RECORDING SECRETARY: Mr. Bartlett. 803 MR. BARTLETT: Yes. 804 RECORDING SECRETARY: Mr. Misleh. 805 MR. MISLEH: Yes. 806 RECORDING SECRETARY: Mr. Eppler. 807 MR. EPPLER: Yes. 808 RECORDING SECRETARY: Thank you. 809 810 6. APPROVAL OF MINUTES 811 MR. BARTLETT: Moving on, we'd like to review 812 the minutes of the Board of Zoning Appeals from April 813 2021. Please take a few minutes and review those 814 minutes and let me know if you have any concerns. I'll 815 give you a few minutes. 816 MR. EPPLER: Keith, this is Dale. I 817 unfortunately was not here for that meeting so I'm 818 assuming I have to abstain. If I abstain, there's only 819 two votes. Is that feasible? 820 MR. BARTLETT: That's correct, Mr. Eppler. 821 We'll have to table this until our next meeting until we 822 have a sufficient quorum from those that were present. 823 Do I have to make a motion to continue that to 824 the next meeting, Mr. Boyle or Akida? 825 MR. BOYLE: I think just by a voice vote, any 826 objections. 827 MR. MISLEH: No objection. 828 MR. BARTLETT: No objection. 829 MR. EPPLER: No objection. 830 831 7. OTHER BUSINESS 832 MR. BARTLETT: All right. Moving on, is there 833 any Other Business before the Board of Zoning Appeals 834 this evening? 835 MR. BOYLE: Just on behalf of staff, I think 836 the Board's received several requests for information or 837 comment from the City Clerk so we encourage you to 838 participate in that. 839 In terms of future meetings, in addition to 840 this continued item, we're likely to have -- what month 841 are we in, May, June, and there's a good chance we'll be 842 back in the building by then. 843 It looks like the governor has said that the 844 restrictions will be lifted on interior meeting spaces 845 and restaurants and what have you on June 15th. 846 So potentially we will be back in City Hall if 847 not in June, then by July. 848 But it looks like we will have a June agenda. 849 MR. BARTLETT: Great. 850 851 8. ADJOURNMENT 852 MR. BARTLETT: With that, I'd like to adjourn 853 the Board of Zoning Appeals meeting for Thursday, May 854 31st (sic). 855 Thank you very much. 856 MR. BOYLE: Christine, thank you for 857 attending. 858 859