Board of Zoning Appeals
Regular MeetingFalls Church, VA · July 14, 2022
Agenda
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BOARD OF ZONING APPEALS MEETING
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VIRTUAL PUBLIC HEARING
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Thursday, March 17, 2022
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7:30 p.m.
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1. CALL TO ORDER
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MR. BARTLETT: My name is Keith Bartlett, and
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I'm going to, as chair of the Board of Zoning Appeals
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for the City of Falls Church, call to order the BZA
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meeting for Thursday, March 17, 2022.
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Akida, could you do a roll call of the members
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of the Board of Zoning Appeals.
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MS. ROUZI: Will do.
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Before I do that I am required to read this
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virtual meeting notice.
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This meeting will be held pursuant to and in
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compliance with the Virginia Freedom of Information Act,
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Section 2.2-3708.2 and state and local legislation
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adopted to allow for continued government operation
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during the COVID-19 declared emergency. All
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participating members will be present at this meeting
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through electronic means. All members of the public may
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view this electronic meeting via the meeting link listed
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above and the City's website calendar.
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Thank you.
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2. ROLL CALL
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RECORDING SECRETARY: Mr. Bartlett.
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MR. BARTLETT: Here.
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RECORDING SECRETARY: Mr. Misleh.
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MR. MISLEH: Here.
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RECORDING SECRETARY: Mr. Kien.
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I believe Mr. Kien will be absent this
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evening.
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Mr. Eppler.
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MR. EPPLER: Here.
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RECORDING SECRETARY: Ms. Ward.
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MS. WARD: Here.
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RECORDING SECRETARY: Thank you.
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3. PETITIONS
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MR. BARTLETT: Thank you, Akida.
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Are there any new Petitions in front of the
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Board this evening?
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MR. BOYLE: No, sir.
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4. OLD BUSINESS
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a. Variance application V1630-22 by Priya
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Krishnan, applicant and owner, for a variance to
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Sections 48-238(3)a to allow a rear setback of 19 feet
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instead of 40 feet for the purpose of constructing a new
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single family dwelling on premises known as 608 Laura
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Drive, RPC #52-605-005 of the Falls Church Real Property
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Records, zoned R-1A, Low Density Residential.
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MR. BARTLETT: So we'll move on to Old
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Business.
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This is variance application V1630-22 by Priya
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Krishnan, applicant and owner, for a variance to Section
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48-238(3)a to allow a rear setback of 19 feet instead of
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40 feet for the purpose of constructing a new single
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family dwelling on premises known as 608 Laura Drive,
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RPC #52-605-005 of the Falls Church Real Property
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Records, zoned R-1A, Low Density Residential.
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And I'm just going to start talking for a
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second because I believe that's inaccurate. And so I'm
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going to clarify based on the information presented in
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an update, it seems from the applicant, for a variance
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of 29 feet instead of 40 feet along the rear of the
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property as submitted in the application included in the
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Agenda.
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So I'm just going to also share that my
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understanding is that there was a -- this variance
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application was presented at the February 2022 meeting
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of the Board of Zoning Appeals. There were lots of
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questions. There were concerns presented by the public.
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There were some changes to the variance application that
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was advertised and shared with neighbors prior to the
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actual meeting and new information was presented during
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the February '22 BZA meeting.
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And I'm stating this information because we
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have an attendance concern for members of the BZA.
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Currently we have four members present and according to
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the minutes from February 2022, BZA meeting for this
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application, Vice Chair John Misleh recused himself for
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voting purposes from this application due to his living
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as a neighbor. He felt that it was in his best interest
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not to have to vote and I'm fine with that.
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But I would also share with the applicant that
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right now you have three voting members present for this
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meeting of the BZA. I was not present as I said, I was
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not present at the prior meeting but I reviewed the
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minutes from that meeting. I feel I'm aware of the
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concerns and the issues that we're considering tonight
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and the concerns that were presented by members of the
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public.
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So I feel like I am sufficiently apprised of
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the information to be able to vote on and consider this
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application for a variance.
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(Microphone feedback.)
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MR. BARTLETT: And so I feel like I'm
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sufficiently able to and capably able to consider this
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without rehashing everything, without having to
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discredit -- with also considering all the other
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comments that were presented at the prior meeting.
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So what I'd like to do at this point is to ask
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for a quick update from staff and the City as to what is
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new, what is the status of the application, and what are
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we considering this evening as a variance.
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And I would also say that was something
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presented at the last one but I would like to just
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clarify what we're considering this evening.
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MR. MISLEH: Chair Bartlett, you think now
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would be a good time to swear in anybody that's planning
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to speak this evening.
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MR. BARTLETT: I was going to wait for John
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but we can do that now or then.
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MR. MISLEH: Let's go ahead and wait for John.
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MR. BOYLE: Thank you, Mr. Chair.
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Couple of points to clarify. I think it's
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appropriate to ask the applicants if they object to
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anyone speaking tonight that was not present before. I
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think that's the first thing, first and foremost.
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If the Chair could ask the applicants do they
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object if any Board members or members of the public
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speaking who were not present last time, we should
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clarify that.
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MR. BARTLETT: We're going to pause for a
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second and I'm going to agree with Mr. Misleh. There
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are a bunch of people on this participant list and I
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would like to ask, first of all I have a question for
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John Boyle and Akida: Who owns this property?
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MS. ANNA KRISHNAN: I'm sorry. There's a lot
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of interference and I just was able to get on. I'm Anna
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Krishnan and I own the property.
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(Microphone feedback.)
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MR. BOYLE: All right. Anna, you're the owner
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of the property.
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For the record she waved "yes."
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MR. MISLEH: Mr. Bartlett and John, I think
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it's important to note that what was circulated prior to
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this meeting and what's being presented on the screen is
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an updated description of the application. So I think
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that the comment of whether or not you'll allow new
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speakers, I think there's new information that was
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presented since our last meeting. So I don't know if
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that has an impact on that comment.
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MR. BOYLE: I think that's the only thing that
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matters. If there's sufficient new material, then let's
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consider this a do-over, a new hearing from square one
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and then that would bring us up to the chair's point of
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swearing in folks from this point forward.
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MS. ANNA KRISHNAN: I think I fixed the thing.
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Can you guys hear me better now?
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MR. BARTLETT: Thank you very much.
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So I would like to find out in this chat, who
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is going to be speaking. If you write your name into
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the chat that you plan to speak, we can read those names
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off, if I just see --
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MR. BOYLE: I'm sorry. Mr. Chair, does
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everyone have the ability to show the "raise the hand"
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icon perhaps?
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MR. BARTLETT: Scott Reid, Anna Teeter,
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Brenda.
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Are there others?
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And, Anna, you intend to speak for your
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application and you only?
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MS. ANNA KRISHNAN: I believe me and Brenda,
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yes. I have some slides I would like to share.
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MR. BARTLETT: So I would just ask that
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everyone who has raised their hand and intends to speak,
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and if others do eventually want to add their names to
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this, they can do this afterwards.
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(Witnesses sworn.)
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MR. BARTLETT: So if we're going treat this as
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a new application based on sufficient new information,
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I'm just going to ask the City to provide a quick
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scenario of the situation, staff update on this variance
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application.
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MR. BOYLE: Mr. Chair, just to clarify, do we
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now have four members of the Board, is that correct?
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That's not our Peter from the Board?
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MR. BARTLETT: I don't know who that "Peter
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Guest" is but that "Peter Guest" can try to get their
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name into the chat and we can announce that name.
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MR. BOYLE: Peter Guest, are you a citizen?
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(No response.)
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MR. BOYLE: I don't think it's Mr. Kien.
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MR. BARTLETT: Peter Guest says he is not on
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the Board but a neighbor.
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MR. BOYLE: Just to cover all our bases then,
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we're down one member. We have a quorum but we're short
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one so just as a matter of routine, the applicant should
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be given the opportunity to continue.
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The Board at this point because there's been
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one continuance doesn't have to grant it but they should
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at least be asked on the record.
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MR. BARTLETT: Do we do that now? We usually
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do that later, right?
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Mr. Boyle?
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MR. BOYLE: Yeah, your prerogative.
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MR. BARTLETT: So, Anna, this is not really a
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request actually, John, because they've already been
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given a continuance. You can ask for voting members,
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you have to have a -- receive a unanimous vote for
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approval of your variance application.
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You can request a continuance and as Mr. Boyle
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already stated, we don't have to approve that.
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MS. ANNA KRISHNAN: I guess we'll continue.
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MR. BARTLETT: Okay. Thank you.
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MR. BOYLE: Continue meaning we'll hear the
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case tonight?
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MS. ANNA KRISHNAN: Yes.
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MR. BOYLE: Mr. Chair, you had asked for a
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staff summary. I think enough of this application has
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evolved and notices to abutting neighbors that staff,
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then what was presented at the last meeting, that staff
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is going to get out of the way and defer to applicant.
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You should have a very complete application
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package that lists past variances for other properties
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on this street and some additional contact with
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neighbors and leave it to the applicants to describe how
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they further explained their intentions to the
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neighbors.
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That was a concern at the last meeting. A
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number of neighbors had expressed that they didn't feel
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that they understood completely what was planned, what
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was going to be done and so the Board directed the
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applicants to reach out and share that information.
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We believe that's been done but we'll leave it
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up to the neighbors present tonight and the applicants
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to confirm that.
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So the Board should have something of a
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revision and additional contact with the neighbors to
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report on tonight.
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I think it's important that we consider this a
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fresh start and I would encourage the applicants to
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remake their case from the beginning stating how they
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qualify for a variance under the City Code and then if
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the Board could simply follow our routine procedure, not
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leaving any of the steps out, then we'll guarantee a
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fair and complete hearing.
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With that, I will defer to the applicant's
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presentation.
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MS. ANNA KRISHNAN: Thank you.
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I would just like to share my screen. I'm
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familiar with how to do it on Zoom. I don't see a
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"share screen" button here.
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Do I need to be allowed to share it?
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MS. ROUZI: At the very top do you see a
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little screen with an arrow up next to the giant "leave"
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or "end call" button.
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MR. BARTLETT: And I see it right next to the
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"Mute button" and the microphone. There's a box with an
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arrow in it. Click that and then it says "open your
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share train" and it provides the windows that are open
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for you and then you click on the particular window you
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want to share.
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(Conferring on technical issues.)
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MS. ANNA KRISHNAN: So I'm requesting a rear
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variance on my house at 608 Laura Drive and for the City
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Code to be granted a variance, I found that we have to
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document a hardship, which is either, one, the
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exceptional size or shape of the property at the time of
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the effective date of the ordinance, or two, the
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exceptional topographic conditions or other exceptional
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situation of such property.
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And my property the hardship is for number
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one, the size and shape of the property.
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So it's a triangular shape. It extremely
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reduces the building envelope which creates a 48 percent
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reduction in the allowable building envelope so I'm
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requesting a rear setback of 29 feet instead of 40 feet.
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Here is a plat of the house. So as you can
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see the green lines are the setbacks and the house, this
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is the proposed house I would like to build. And so
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those little three triangles would be sticking out
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beyond the setback and so that's why I'm asking for the
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29 foot variance but I'm not building up to it
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completely, it will just be that area that you see
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there.
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And of note, the front and the sides, the back
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will be adhered to.
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So normally there's 25 percent coverage
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allowed and I would be able to put a house with a
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footprint of 2831 square feet on this lot. I'm
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requesting to build this house with a footprint of 1485
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square feet so it's less than the 25 percent coverage
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allowed for the Code. But because of this triangular
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shape of the lot and with the setbacks, I cannot build
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the proposed house without the requested variance in the
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rear.
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To work with the lot constraints, I'm
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positioning the house at an angle and that will conform
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to the front and side setbacks as you saw on the
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previous picture. So requesting the variance on the
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rear and only about 150 square feet of the house would
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be extended into this setback.
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The two neighboring properties on the back, we
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tried to minimize the impact on them. They have deeper
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lots so I was hoping it would just be a minimal impact.
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There's also a deck in the current house that
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extends into this setback. So I'm really not building
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beyond that.
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MR. BARTLETT: Can you say that again?
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MS. ANNA KRISHNAN: Yes. About the deck in
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the back, they are deeper lots, rectangular deeper lots,
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and so I don't believe my request would impact them a
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lot, with building where the deck currently is.
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I'm just trying to minimize the impact of
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building there. I'm not building to that complete 29
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feet. This is what I was just explaining there, it's
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just going to be where the current deck is, is where I
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wanted to build.
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There's been a precedence of variances granted
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on Laura Drive and none of these houses had this
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hardship of the triangular lot that I have.
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I'm proposing a really cute, charming
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Craftsman-style house with a builder who's very familiar
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with building in Falls Church City. The total living
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space is 2970 square feet. It's smaller than most of
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the recent new built homes.
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And this is just showing that the 12
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properties built in the last 10 years, they were larger
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than what I want to build. I believe my house is going
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to look beautiful in the neighborhood, have curb appeal
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and add to the charm and increase the value of everyone
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else's house as well.
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That's all I have. Are there any questions?
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MR. BARTLETT: Thank you for your presentation
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for your request for a variance.
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I will open it up to members of the Board to
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ask questions and some clarification on some items.
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I have some questions and I'll start.
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I don't know what's currently on this property
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so I don't know what the existing home or footprint
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looks like. Do you have any information on what's there
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currently?
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MS. ANNA KRISHNAN: Yes. It's a small ranch.
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It's a three bedroom, one bath. There's no basement.
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And it's really in need of repair. So that's why I
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would like to build a new house.
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MR. MISLEH: Ms. Krishnan, it's important for
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everyone, including Mr. Bartlett, to know that the house
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is a rental and it's been rented since purchase, is that
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correct?
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MS. ANNA KRISHNAN: Well, yeah, it was
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parents' house so I bought it from them.
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MR. MISLEH: Did they live there?
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MS. ANNA KRISHNAN: My parents? No, it was a
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rental for them. Right now I have a friend staying
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there but it's not a rental anymore.
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MR. MISLEH: Got it. Do you intend to occupy
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this new home that you're proposing?
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MS. ANNA KRISHNAN: Yes.
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I also wanted to add onto my slides, since the
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last meeting I went around and tried to drop off and
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meet all the neighbors and give them this information.
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I mailed like 30 packets with the letters and the plats
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with more information to 30 neighbors and I have
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received four letters of support. I was just not able
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to talk to a whole lot of people in person when I was
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coming around and ringing doorbells.
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MR. BARTLETT: So I'm going back to asking
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sort of the same questions that I don't have information
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on and I can't make decisions or inferences or
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conclusions about how this new structure will compare to
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what is currently.
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MS. ANNA KRISHNAN: I wish I had a picture of
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the current house.
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MR. BARTLETT: Mr. Boyle, do you --
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MR. EPPLER: There's a picture in the package
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of the current building envelope. I can put that up if
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I can share a screen.
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MS. ANNA KRISHNAN: It's in the original
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application, that's right.
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MR. BARTLETT: Is that page 3, Mr. Eppler?
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MR. EPPLER: Yes, exactly.
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MS. ANNA KRISHNAN: No, this is the proposed
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house.
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MR. EPPLER: No, page 3 has the current
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building envelope on it which I think is what he was
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asking to see.
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MR. BARTLETT: I'm going to try to do some
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quick math here so hold on a second.
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So it says here it's about 38.5 by 26 feet
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when this house was built it was somehow perfectly to
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Code or Code-less. I'm not sure when this house was
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built.
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My intent of the question was to try to figure
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out based on the setbacks of your current home, could
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you build your current home to Code? So when I look at
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this plot, I see a structure that is not built to Code,
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not that that's a problem.
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That front left corner of your current home is
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in the front yard setback; is that correct, Akida and
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John, is that what I'm seeing here?
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MR. BOYLE: Yes, that's correct. The real
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estate data base says the existing house built in 1950.
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It's possible that the subdivision went in with the plan
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to put storm water pipes in the back and they probably
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did the subdivision with an eye towards keeping the
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houses away from the easements at the rear.
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The 40s and 50s are a fascinating period of
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zoning and setbacks if anyone has the time to read about
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it. We deal with it to this day.
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MR. BARTLETT: John, I have another question
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for you from a historic and zoning perspective.
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This is a very unique lot: A split lot on the
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inside of a curve that's split diagonally down the
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middle. Is this not an inside corner lot that's split
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that is not technically normal front yard/front yard/
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side yard/side yard, R-1A lot?
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MR. BOYLE: I'd say it's approaching it but it
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doesn't meet the angle definition at the front. It
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escapes me but there's a definition of what constitutes
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a corner. I think it's 140 degrees at the front.
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What I see here is a subdivided lot that meets
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the minimum area. The Planning Commission at the time
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would have been looking at 11,250 for its lot size and
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it obtains it. And a burden would have been placed on
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the building envelope where they would have been forced
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to originally to push the front setback to the rear
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until it met the minimum lot width which is 75 feet.
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All of which I consider constraints on this lot and
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argue towards the variance but that's for the Board to
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consider.
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Today this subdivision probably would not have
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been approved because of the anticipated hardships.
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If the lines had been slightly different, like
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at the back corner, if that had been a true triangle
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back there and not that little leg, the short, brief leg
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where there's an IPS note at the back right, if those
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two points had been joined, it's been staff's practice
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for many, many years to draw an arc from that single
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point of 40 feet and then everything else is considered
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a side yard setback. This lot I think is further
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encumbered by the presence of that pretty much useless
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travel of a few feet at the back there that requires
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staff to define all of the other property lines as
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follows: The front is simply the line that separates
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the property from the right of way. The rear is the
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line that is most distant and opposite from the front.
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That's where we're getting this front determination.
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And then it simply says, All other lines are sides.
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So staff in coming up with what the
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recommended setbacks were, the required setbacks, not
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recommended, we really struggled with -- this is
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probably the most extreme example of what you could get
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away with under that definition. What's the most
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distant and opposite line from the line that separates
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it from the right of way.
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Well, there you have the very long line across
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the back and then everything else becomes a side. In
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this particular case it's an extreme example of maybe
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unintended consequences works in most cases but in this
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case it's resulting in this unusually constrained
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building envelope.
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Something else that staff considers, is they
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have 11,495 square feet. That is more than enough for
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an R-1A lot. The Code limits them to 25 percent lot
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coverage. I don't think they can even meet that, given
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the setbacks.
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So that's highly unusual that a lot would be
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configured in such a way where you can't even satisfy --
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or you can't even enjoy 25 percent of your lot. I can't
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think of another example. Maybe there are.
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Usually you can get your 25 percent in one
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way, shape, or form, and the Board has seen that in many
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examples. This is the flip side of the coin where
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setbacks are going to so severely constrain you, that
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you can't even get your basic 25 percent lot coverage.
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So perhaps a few more points that the Chair
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intended to discuss but that's how we arrived at -- I
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think I did this building envelope evaluation. It looks
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like what we do in our CAD Program. It's not survey
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accurate but it's very accurate. It does draw out how
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constrained this particular lot is.
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So that brings us to where we're at and how we
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arrived I think at this variance application.
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MR. BARTLETT: Anna, could you share just a
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couple more details with me. You're stating that the
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plan is to build a home with 2970 square feet. Does
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that include a basement?
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MS. ANNA KRISHNAN: I want to have a basement.
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Brenda, are you on? Do you want to jump in
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with the building design?
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MR. BARTLETT: The 2970, is that first and
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second floor or does that include the planned space in
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the basement?
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MS. BIDINGER: That is not finished area.
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I represent NDI, the builder, just for
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everybody's intent and purposes. It will be a two story
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building. You know, finished on two levels. They
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haven't determined whether they're going to finish the
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basement or not but it would be unfinished at this
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point.
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MR. BARTLETT: Thank you.
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I just wanted to point out that there are
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homes being built in the City of Falls Church, many
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homes that don't have 2970 square feet above ground.
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I'm not sure where this number of 3350 came from, but
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there have been a whole lot more than 12 houses built in
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the City of Falls Church in the last 10 years.
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My concern is trying to sort of force this
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design into this sort of twisted building envelope. And
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I understand that you have almost -- you're limited to
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38.5 feet wide and 26 feet deep at its widest widths and
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depths for building a new home, because that's where
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your home is right now.
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So trying to force this design with those
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three corners into it at that particular angle is tough.
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And I know it's better to build a home that, you know,
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the specs are the way they are and instead of designing
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and coming up with, I think you referenced some sort of
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a new, modern home.
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MS. ANNA KRISHNAN: True, but we're not trying
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to like use up all that space. I'm just asking for a
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little bit of that, the variance, so that the kitchen
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can be finished, extend just that little space. I mean
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it is much less than that. It's less than the 25
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percent and it's not like we're trying to use up --
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MR. BARTLETT: Most homes are. I'm just
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saying, most homes are substantially less than 25
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percent of their buildable envelope. Some do max out
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because they have smaller lots and they want to build
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big homes. You can build to 25 percent but just because
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you can, doesn't mean you should.
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I have one other question about your
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orientation for this property. Have you considered
532
orienting it as your current home is instead of at an
533
angle and what you could build with those dimensions and
534
those angles?
535
MS. ANNA KRISHNAN: Then we would need a lot
536
more, I think it would jut into the side and front, so
537
that would be a higher request, we believe, than this.
538
So I thought this was like the least impact.
539
MR. BARTLETT: Okay. I'm going to defer to
540
other members of the Board at this time.
541
MR. MISLEH: John Boyle, I have a question.
542
The applicant referenced the deck, the existing deck
543
544
that's shown on the plat. Do we know, was that deck
545
permitted at the time it was installed?
546
MR. BOYLE: We don't have any past permits for
547
this but it would not have been unusual to have approved
548
that. The practice has been if it's at the main level
549
of the house, the first floor or lower, decks without
550
roofs are treated as patios, pavers. They're not
551
structures that require an extensive review. Not
552
unusual.
553
MR. MISLEH: There was an inference that the
554
requested setback is going to become equivalent to the
555
deck. I just want to make sure that we understood that
556
there's a clear delineation between the two.
557
I have another question. Actually, I'll pause
558
and allow the other Board members to speak.
559
Thank you.
560
MR. EPPLER: Ms. Krishnan, I have a question
561
for you also about the deck. I'm looking on the screen,
562
it shows the frame deck off the back of the house but it
563
doesn't give dimensions. How far or how close is it to
564
the property line, if you know?
565
MS. ANNA KRISHNAN: You mean how much does
566
that extend?
567
MR. EPPLER: In other words, it shows 40 feet
568
from the existing house to the property line. What is
569
570
the distance from the frame deck to the property line,
571
on the existing structure.
572
MS. ANNA KRISHNAN: I'm not sure.
573
Brenda, did we ever measure that?
574
MS. BIDINGER: No. I think when we sited it,
575
it was about a 10 foot deck. It was like a 10 by 10.
576
MR. BOYLE: In staff's experience if it's not
577
part of the discussion, it's not unusual for items like
578
decks and sheds to not have their dimensions shown.
579
MR. EPPLER: All right. Thank you.
580
MR. MISLEH: Ms. Krishnan, you pointed out
581
that you had some new letters of approval. Can you
582
please clarify which lots and where they are in
583
reference to your specific property?
584
MS. ANNA KRISHNAN: Sure. The first one was
585
610 Laura Drive, so the neighbor. 618, 620, and 625.
586
MR. MISLEH: How many properties abut this
587
property?
588
MS. ANNA KRISHNAN: One.
589
MR. MISLEH: No, I'm saying how many other
590
neighbors do you have?
591
MS. ANNA KRISHNAN: One on each side of those
592
two, I'm not sure if technically -- I think there's two
593
in the back. Let me look.
594
Two in the back and then one in that tiny
595
point. So, two on Poplar and then one might be like
596
just on the edge, so maybe three on Poplar.
597
MR. MISLEH: And you have just one of those 5
598
or 6 that are in support.
599
MS. ANNA KRISHNAN: Correct, yes.
600
MR. MISLEH: Thank you.
601
MR. BARTLETT: Do you plan to build a
602
driveway?
603
MS. ANNA KRISHNAN: Yes.
604
MS. BIDINGER: If it is allowed. Just so they
605
can park their cars.
606
MR. MISLEH: Mr. Bartlett, I think it's
607
important, there was a previous submission. On that
608
initial submission, it showed a garage, detached garage
609
along with a driveway that ran to the rear of the
610
property. Is that not --
611
MS. BIDINGER: I think what happened -- this
612
is the builder speaking here, I think we pulled it out
613
due to the fact that I think their intent is to try to
614
get the house approved with what they're focused on.
615
MR. MISLEH: I think, Mr. Bartlett, the
616
driveway and the garage don't require a variance so
617
they're not being featured on this request, is what I'm
618
hearing.
619
MR. BARTLETT: Right. And to be candid I feel
620
like it would have been appropriate to show how the
621
entire build would impact this property, and how
622
by-right build and by-variance request build impacts
623
everything.
624
MR. MISLEH: That was included in the initial
625
submission.
626
Are we able to bring that up or is that not
627
part -- this is not a new package. It's just that this
628
is a supplement. So should we bring up those initial
629
photographs so you can see it so you have the full
630
context of the --
631
MR. BARTLETT: I recall what they submitted
632
last time but I didn't remember where the driveway was.
633
MS. ROUZI: I can pull that up. I'm pulling
634
it up right now.
635
Which slide would be the one that shows the
636
driveway? Maybe it's a question for the builder's rep,
637
Brenda or --
638
MS. BIDINGER: You know what? Our engineer
639
showed the proposed garage. He neglected to add the
640
driveway. So the driveway would come from the street.
641
It would have been this.
642
MR. BARTLETT: At this time I don't have any
643
further questions at this time but I would like to open
644
645
the meeting up if there's any comments from the public.
646
And if you plan to speak, please raise your hand and I
647
will ask you to unmute yourself and you can then share
648
your comments.
649
So if Brenda and Anna can lower your hands,
650
that would be wonderful.
651
And then, Peter Guest, I know that's not your
652
name, please announce your name, your address, and you
653
are free to speak.
654
MR. DOLPH: Yeah, Peter Dolph, 604 Laura
655
Drive, so I'm two doors down.
656
I'm opposed to this. I spoke out last time.
657
The two neighbors directly behind who would be most
658
impacted spoke out against this last time as well.
659
MR. BARTLETT: I can't hear you. Am I the
660
only one who can't hear him?
661
BOARD MEMBERS: I can hear him.
662
MR. DOLPH: Well, I'll continue. Four
663
neighbors are impacted by this strongly, the one on 610
664
who said okay, the two behind spoke up last time saying
665
they were opposed, the neighbor at 606 said no as well,
666
and as 604 I'm saying no.
667
But I would like to articulate why. The house
668
was purchased at a substantial discount. It went tax
669
assessed value, which is pretty much unheard of in Falls
670
Church, precisely because it's on a funny shaped lot.
671
It hasn't been maintained. So I think it was bought
672
with the knowledge that this would be hard to do.
673
That's my speculation. I can't prove that. So I don't
674
think it's reasonable to ask the City to grant a
675
variance to build a larger house there than the lot will
676
afford. 1000 square foot is what the house is right
677
now. That's what I live in. That's worked out just
678
fine for me.
679
The family who's put forth this application is
680
a real estate investment family. I think it's
681
reasonable to expect that this might well end up being
682
sold, so compared to the other variances that were
683
listed, all of which were for properties that people
684
lived in for decades, they were actual residents of
685
their homes, they were asking for variances on to expand
686
them marginally, I think it's just a completely
687
different application.
688
So those are my comments. Thank you.
689
MR. BARTLETT: Thank you.
690
Scott Reid?
691
MS. REID: It is Scott Reid but this is Jean
692
Reid speaking. Sorry about that.
693
MR. BARTLETT: That's okay.
694
MS. REID: I am the neighbor at 606 Laura
695
Drive and I am the property that's the longest length of
696
the property. And what I'd really like to say is what
697
Peter just said, I am 100 percent agreeing with. He
698
made all the comments that I had written down that I
699
wanted to say.
700
MR. BARTLETT: Okay. Are there any other
701
comments?
702
Peter, are you raising your hand again?
703
MR. DOLPH: Yeah, sorry. One quick addendum.
704
This is almost neither here nor there, but a couple of
705
months ago, a real estate agent, I didn't write down her
706
name, I think it was Julie Ann, knocked on my front
707
door, saying, Hey, I know this house was listed for sale
708
and it's not anymore. Do you know what the deal is.
709
I've got an older couple who would like to buy it.
710
So there are people who are interested in the
711
property as is.
712
MR. BARTLETT: Tim Miller, I didn't swear you
713
in earlier but if you'd unmute yourself.
714
(Witness sworn.)
715
MR. MILLER: I'm Tim Miller, 603 Poplar Drive.
716
I just wanted to express the same as the previous two.
717
In addition to it, our concern is the runoff
718
of the lot being the highest peaking point and the
719
impact that it could have across the different lots.
720
MR. MISLEH: Mr. Miller, what was your address
721
again?
722
MR. MILLER: 603 Poplar Drive. So we are the
723
third lot there on the corner.
724
MR. MISLEH: Thank you.
725
MR. BARTLETT: I don't see anybody else
726
raising their hand.
727
Does any member of the Board have any other
728
questions for the applicant or responses to concerns
729
from the public?
730
MR. EPPLER: This is Dale. I just have one
731
followup question from that, for Ms. Krishnan, if she's
732
taken any steps or if any of her design team wants to
733
address the concern about run-off.
734
MS. ANNA KRISHNAN: Yeah, Brenda can talk more
735
about it because we definitely discussed with them ways
736
to control the water.
737
MS. BIDINGER: Yeah, we just recently had a
738
home off of Lincoln, there's different modes of water
739
runoff that we can do to the property. Planter boxes,
740
which we did at -- I'd have to look at the address real
741
quick, but it was off of Lincoln that we just settled.
742
There's a couple of them that we have just settled. One
743
was a water infiltration trench.
744
So there are different facets and different
745
modes of handling storm water management.
746
We've been in business since 1988 and we
747
comply with everything that the County, the City of
748
Falls Church, everybody looks at this and puts in their
749
two cents and we will do whatever it needs to abide and
750
comply and take care of whatever you may need.
751
MR. EPPLER: If I could just follow up with
752
that. So have you done any studies or looked at what
753
the existing runoff is or how to measure if something
754
additional is needed because of this proposed new
755
construction?
756
MS. BIDINGER: We have not gotten to that
757
point yet. The biggest point as a builder, we recommend
758
our clients to get, I mean this is, I call it the
759
biggest issue at hand, is whether we can get a variance.
760
If we can't get a variance, then we have to either
761
change the building, a, or the project -- the clients
762
have to determine if they just want the project to die.
763
So there are a lot of things that we have to
764
get to before we have to look at that. Because at that
765
point you're getting an engineer involved on something
766
that may not even happen, so why invest in that?
767
MR. EPPLER: Thank you.
768
MS. ANNA KRISHNAN: I believe the initial
769
request that had gone out was when the two houses on
770
Poplar had opposed, it was requesting 19 and we changed
771
it to 29 so I did not get any more feedback from them
772
once we went with the updated letters.
773
I just wanted to put that out there because I
774
know that Peter said that everybody is still opposed but
775
I'm not -- I mean they were when they thought it was 19
776
so unless they are on this call and can speak, I don't
777
believe that they are opposed.
778
In addition, somebody brought this up last
779
time that, Oh, they must have boughten (sic) it at a
780
great deal. When you go through and you look at the
781
houses -- first of all it's irrelevant. Secondly when
782
you go through and look at what they bought it for a few
783
years ago, to me it didn't stand out as anything like a
784
great deal. And I lived for 10 years on Greenwich
785
Street. I'm not in real estate, whatever you said. My
786
parents are. I've been in the City for ten years. So,
787
yeah, some misinformation.
788
MR. BARTLETT: Thank you for clarifying that.
789
MR. MISLEH: I think it's important, Ms.
790
Krishnan, to point out that it was clarified at the last
791
meeting that you were amending your request and that was
792
stated prior to those neighbors speaking. And I think
793
the fact that they're not on -- I don't believe the City
794
readvertised this meeting.
795
John, can you please comment to that.
796
MR. BOYLE: Akida, was this sent for
797
readvertisement? I don't think we're required to.
798
MS. ROUZI: No, we did not because the changes
799
were lesser of a request compared to what was advertised
800
so we did not readvertise.
801
MR. BOYLE: Right. So anyone that was present
802
at the earlier hearing heard a greater request than what
803
is being present tonight and an opportunity to appear
804
tonight because they heard the case continued.
805
MR. MISLEH: Correct, but I think when we read
806
the minutes and approve the minutes tonight it will
807
reflect that that amended variance was what was
808
presented prior to those neighbors speaking.
809
MS. ROUZI: You're on mute. I think you're
810
talking but you're on mute.
811
MS. PRIYA KRISHNAN: I'm really bad at this
812
stuff.
813
MR. BARTLETT: Who is this?
814
MS. PRIYA KRISHNAN: This is Priya. I'm the
815
original -- Anna's mom.
816
MR. BARTLETT: I need to swear you in.
817
(Witness sworn.)
818
MR. PRIYA KRISHNAN: What I was trying to say
819
was in the past the neighbors that did object last time
820
did say that they didn't have time to review this
821
proposal. And so they've had time to review it and
822
we've also sent them all the updates and attempted to
823
talk to them, give them the phone number and email and
824
say that we want to explain everything if they had any
825
questions. We haven't heard anything from them.
826
They did not have a chance to see the whole
827
picture last time, at least that's what they said, they
828
didn't have time to review it.
829
And I think I should add since someone
830
commented about me being the original owner, I just
831
wanted to say that first of all I don't know where that
832
matters in this conversation about my purchasing the
833
property six years ago or five years ago, however long
834
that was. At that time I honestly had no idea of the
835
setbacks and I thought it was a pretty lot and thought
836
that eventually we would do something to the property.
837
Because it was a very run down property even at that
838
time but liveable.
839
And so we just weren't able to do anything then
840
so the easy thing was to rent it and when we're able to
841
do something about it, we were going to come back and
842
see what we could do with the property, build on it or
843
renovate it or something.
844
And then I did try to sell it because we were
845
like, Okay, you know what, it's just something that we
846
didn't want to take on and then my daughter said, No, I
847
want to buy it from you and I want to build a house and
848
move there.
849
So that's how it all turned out.
850
And, in fact, I think it was Peter who made
851
that comment about having gotten it at some discount
852
rate. I went back because I was so shocked of that
853
because honestly I never thought it was a discount rate
854
at 500 and 50,000 or whatever I paid for it in the year
855
that I did buy it. And I went back and looked at as
856
many property records as I could find in Falls Church
857
City records and actually many properties of the same
858
three bedroom, one bath ranches sold for less, equal or
859
less price in the next three years, between the time I
860
bought it in 2018.
861
So I started to think well, I clearly overpaid
862
for the lot. So I don't understand where that's coming
863
from. Whether it's relevant or not is another issue.
864
But I wanted to make that point.
865
MR. BARTLETT: Thank you.
866
I think from my perspective and I'm not trying
867
to pick sides at all about who is valuing property
868
appropriately or reasonably or anything. But there are
869
properties that people buy that are lower cost than
870
other easily buildable lots and they think that they can
871
build what they want instead of what they're able to.
872
And this lot has concerns and this Board does
873
issue variances when there are true hardships to make it
874
to the point where the property can't be used for its
875
intended purpose.
876
The size of the lot is one factor for us to
877
consider in granting a variance to the building code.
878
What I see in front of me is not sufficient
879
information. I'm concerned that there was a request to
880
take a pre-designed home that you would like and build a
881
home on this lot that demands a variance instead of
882
trying to figure out what is truly best for this
883
property.
884
We have issued variance, we have denied
885
variance requests in the past as well where on awkward
886
and what might be considered difficult to build lots.
887
In some of those circumstances what we've done is we've
888
allowed structures to be extended up that are
889
non-conforming and those are technically a variance but
890
we do not allow extensions of those non-conforming
891
spaces to build new homes.
892
So I'm sort of torn at this point as to
893
whether or not you have demonstrated hardship to build
894
this home on this property.
895
And I'm going to stop talking right there and
896
let other people speak.
897
MR. MISLEH: Chairman Bartlett, before we get
898
too far, it looks like we have a hand up. Are we
899
closing the public comment at this point?
900
MR. BARTLETT: No, John. I didn't see that.
901
It looks like Peter has his hand raised, is that
902
correct, Peter?
903
MR. DOLPH: Yes. I just wanted to respond to
904
two things.
905
I wanted to emphasize, as Mr. Misleh said
906
earlier, that the two neighbors on Poplar who objected
907
to this build were present for the entire duration of
908
the meeting last time so they were fully aware of the
909
exact design that was being proposed. So there hasn't
910
been any updates since then. So they're opposed and
911
they remain opposed.
912
And it's somewhat cumbersome to have to keep
913
coming to these meetings when nothing has changed.
914
Number two, the home was purchased in December
915
of 2016 for $553,000. The 2016 Falls Church tax
916
assessment was $595,000. So it was bought at a discount
917
and if my memory is correct it was listed for about 595
918
or 600 K. So it definitely was purchased for a
919
discount.
920
Thank you.
921
MR. BARTLETT: One other hand.
922
MS. REID: Yeah, it's Jean Reid again, at 604
923
Laura Drive.
924
I feel like I'd like some clarification
925
because I am a property that adjoins this home and I am
926
concerned about the runoff and the power lines that run
927
between our two homes and it concerns me that we have
928
this proposal of this large house but there have been no
929
actual studies done to support this variance.
930
That's it.
931
MR. BOYLE: Mr. Chair, I think I can weigh in
932
on that. There are no studies required by Code.
933
There's a burden laid out for the applicant that has to
934
be met. There are Supreme Court records that define
935
what a threshold is for a variance and the Commonwealth
936
of Virginia sets that.
937
Falls Church under its charter respects those.
938
So it's a question of whether this request meets the
939
940
burden of our understanding of what the Supreme Court
941
and the Commonwealth defines as a satisfying the burden
942
for a variance.
943
And in its authority the Board of Zoning
944
Appeals is considered a quasi-judicial body. It's a
945
court for code items that are adopted under local code.
946
So there is no study that's required. It's a simple
947
application of what the understanding burden is on the
948
applicant.
949
And I think this Board's been very good at
950
applying past decisions and consistency in application
951
of the Code and I think that's where we are tonight.
952
MR. BARTLETT: And I'm just going to throw
953
something out there as well that but for the awkwardness
954
of this lot, they could build a house this size and
955
there would be no concern about storm water other than
956
developing it and instrumenting an appropriate grading
957
plan pursuant to state and local authorities and Code.
958
My concern is that we're trying to force this
959
house into this building lot, building space when there
960
are other potential options.
961
MS. WARD: I know I haven't spoken yet but I'm
962
kind of going to echo what Keith has already brought up.
963
When I think of hardship, this property was
964
purchased in 2016 after our Code has been in place. So
965
in my mind, it was well known that the property, you
966
know, restrictions were in place with the different
967
setbacks.
968
And then we also have only one direct neighbor
969
support that's been provided. So that's concerning to
970
me, that the neighbors still are not in support. And I
971
still think, like he said, that there may be some other
972
options within that shape. The house may not be
973
perfectly square but this was the lot, this was the
974
house that was purchased. And, yes, I am still
975
struggling with those things.
976
MR. BARTLETT: One of the other things I'd
977
like to discuss is the list of the other variances and
978
how we review and consider variances to new builds
979
relative to additions or second floor additions. And
980
when homes that are built, as I alluded to earlier, when
981
they are non-conforming, if you want to do anything to
982
that structure, whether it's up or left or anything to
983
move those basically cornerstones of the non-conforming
984
portions of the home or amend them, you have to get a
985
variance to do anything that would extend up or move it
986
a little bit. And that's where it's like, yeah, this
987
home is in an awkward space.
988
My consideration would be a little bit
989
different to you if you were popping the top and moving
990
991
it over a little bit, that it would be a little bit
992
non-conforming but you're maintaining the structure
993
that's been in existence, not disturbing the entire
994
property -- not that you're disturbing the property --
995
but more of the property than necessary.
996
So that's where I pretty much stand at this
997
point.
998
MR. MISLEH: I think we can close the public
999
comment, Mr. Bartlett.
1000
MR. BARTLETT: Yeah, if there are no further
1001
comments, we can do just that, Mr. Vice Chair. Thank
1002
you.
1003
And does the applicant have any further
1004
information or comments they would like to make before
1005
we close consideration for Board consideration?
1006
MS. ANNA KRISHNAN: No, nothing further.
1007
MR. BARTLETT: Okay. Thank you, Anna. I
1008
appreciate it.
1009
At this point I'm going to close comment from
1010
the applicant and the public and open it up for Board
1011
member consideration and discussion.
1012
There are a couple of things I'd like to point
1013
out. I would have liked to have seen a full application
1014
that addresses not just the fact that this home is
1015
trying to be built on an awkward lot. There are three
1016
other elements to the consideration as to what is a
1017
variance. And I would have liked to have seen the
1018
entire proposed build as to what you plan to do to the
1019
property, including if you have seen or have heard
1020
concerns about storm water or other types of
1021
information, what you plan to do to address that.
1022
And I don't see a demonstrated statement that
1023
this is the only thing that you can build on your
1024
property. I don't want to characterize it simply as a
1025
"want" but I don't see that this as the only option to
1026
better enjoy your property. And I'm not trying to stop
1027
you from trying to enjoy your property but I don't think
1028
that this proposed build is the way to do it.
1029
MR. EPPLER: So I've heard lots of and
1030
listened to the discussion back and forth. My problem
1031
is with the October 16, 2008, Falls Church Board of
1032
Zoning Appeals approval which appears to be -- to allow
1033
a structure to be built into the back yard to the
1034
distance of an existing deck structure, which appears to
1035
me to be pretty much what we're looking at here.
1036
So I'm having a hard time distinguishing what
1037
we did back in 2008 from what they're proposing to do
1038
here.
1039
Now that was an addition, it wasn't new
1040
construction but I'd like to have some sense of whether
1041
1042
we have a precedent here that kind of binds us a little
1043
bit or what the precedent is going forward because I
1044
would have a hard time distinguishing what was done
1045
there from what we're proposing here.
1046
MR. BARTLETT: I would just provide some
1047
feedback to that, Mr. Eppler.
1048
We are not bound by any prior decisions. All
1049
of our decisions, while we attempt to be consistent in
1050
our application, are judged and determined on a
1051
case-by-case basis and I don't know also what the
1052
scenario was for this particular addition to their
1053
property and how it relates to a deck. And this
1054
application is also different. It's not trying to go to
1055
the deck, it's trying to deal with it different.
1056
MR. EPPLER: No, I understand. But again, as
1057
stated here is that, The BZA finds that the proposed
1058
addition will not extend further into the rear yard than
1059
the existing deck structure.
1060
Now, admittedly we don't have a number on it,
1061
but if it's 10 feet, we're within one foot or very close
1062
to the same thing. So that's where I was looking at
1063
that, okay, how do we make -- and this again was on
1064
Laura Drive and also citing that the peculiar shape and
1065
shallowness of the lot, etcetera.
1066
So again, I would like to have some thought
1067
given to what is our rule going forward because we are
1068
trying to have some consistency here and I'm struggling
1069
with that, frankly.
1070
MR. MISLEH: I think, Mr. Eppler and Mr.
1071
Bartlett, that the issue at hand and something that the
1072
Board has struggled with is that the precedent that's
1073
set going forward for new homes being built on irregular
1074
lots, if you start granting variances so that the
1075
builders and developers can build what they want rather
1076
than what conforms, it opens up the door going forward.
1077
So I think this Board has consistently tried
1078
to manage that in the best interest of the property
1079
owners and the City so I think it's important that you
1080
consider that as well.
1081
MR. EPPLER: So are we making then a
1082
distinguishing between basically going straight up from
1083
existing structures as opposed to new design which would
1084
have to meet the requirements or would be assessed from
1085
the beginning of an issue as opposed to an existing
1086
building where we've generally speaking have allowed
1087
people to go up?
1088
MR. BARTLETT: I think that's a fair
1089
characterization of how this BZA has resolved various
1090
obligations in the past and I too, am -- to meet --
1091
MR. EPPLER: You froze up there, sorry.
1092
MR. BARTLETT: -- is without demonstrated
1093
hardship. Whereas building up on an existing property
1094
that's already non-conforming is completely
1095
distinguishable.
1096
I have a question. Mr. Misleh, are you at
1097
this point still considered abstaining in this
1098
application?
1099
MR. MISLEH: Yes, Mr. Bartlett. I will not be
1100
voting this evening.
1101
MR. BARTLETT: Okay. Thank you very much.
1102
Are there any further comments from the Board
1103
at this time?
1104
(No response.)
1105
MR. BARTLETT: Hearing none, I'm going to make
1106
a motion to deny variance application V1630-22 by Priya
1107
Krishnan, it's actually not by Priya.
1108
I'm sorry. I'm going to have to start over.
1109
This is how it's advertised.
1110
I'm just going to actually pause and read it
1111
as it's advertised.
1112
I'm going to make a motion to deny the
1113
variance application V1630-22, by Priya Krishnan,
1114
applicant and owner, for a variance to Sections
1115
48-238(3)a to allow a rear setback of 19 feet instead of
1116
40 feet for the purpose of constructing a new single
1117
family dwelling on premises known as 608 Laura Drive,
1118
RPC #52-605-005 of the Falls Church Real Property
1119
Records, zoned R-1A, Low Density Residential.
1120
MS. WARD: I'll second.
1121
MR. BARTLETT: Akida, can we do a roll call
1122
vote on this motion.
1123
RECORDING SECRETARY: Mr. Bartlett.
1124
MR. BARTLETT: No.
1125
RECORDING SECRETARY: Mr. Misleh.
1126
MR. MISLEH: I abstain.
1127
RECORDING SECRETARY: Mr. Eppler.
1128
MR. EPPLER: No.
1129
RECORDING SECRETARY: Ms. Ward.
1130
MS. WARD: No.
1131
RECORDING SECRETARY: Thank you.
1132
1133
MR. BARTLETT: Thank you very much for your
1134
time. I appreciate it.
1135
1136
5. NEW BUSINESS
1137
MR. BARTLETT: Moving on to New Business, John
1138
or Akida, is there any New Business not advertised?
1139
MR. BOYLE: No, sir. Not that I'm aware of.
1140
And, Akida, do we have any applications
1141
pending for next month?
1142
MS. ROUZI: No, we do not.
1143
MR. BOYLE: All right. Potential for no
1144
meeting next month.
1145
Offhand, what is the Board's preference for
1146
continuing remote meetings versus in council chambers?
1147
Anyone have any thoughts on that?
1148
MR. MISLEH: John, I was just going to ask
1149
that question, when and if we were going to return to
1150
the in-person meeting.
1151
MR. BARTLETT: I know City Council and School
1152
Board are meeting in person. How are the other Boards
1153
and Commissions doing?
1154
MS. ROUZI: Planning Commission is still
1155
virtual by the way.
1156
MR. BOYLE: I think it's at the discretion of
1157
the Board unless Council says otherwise. There are some
1158
obvious advantages to being in person but there's also
1159
some disadvantages. I think we've all learned how to do
1160
this remotely and I think we've been serving the public
1161
well remotely so the staff has no preference.
1162
The staff serves a number of Boards and will
1163
do whatever this Board prefers unless we hear otherwise
1164
from Council.
1165
So if I'm hearing Akida correctly, we do not
1166
have an agenda for next month. Maybe April or May the
1167
situation will change but for now we do not anticipate
1168
an April meeting and maybe we'll cross that bridge with
1169
more information at that time.
1170
MR. BARTLETT: And then we can be flexible.
1171
Do you know when we need to let you know or let City
1172
Clerk know that we would like to? I'd like to poll the
1173
members at some point before we make that recommendation
1174
to meet.
1175
MR. BOYLE: I think it hinges on the public
1176
notice so the public knows where the meeting is going to
1177
be. And we notify roughly three weeks out, it's like
1178
two and a half based on actually the newspaper
1179
publication date. But roughly two and a half weeks out.
1180
So if staff notified Board we had an agenda, I
1181
think as long as we were in advance of the newspaper
1182
public notice, we could discuss where that meeting was
1183
going to be.
1184
1185
6. APPROVAL OF MINUTES
1186
a. Approval of the February 17, 2022 Meeting
1187
Minutes
1188
MR. BARTLETT: Then we just have to approve
1189
minutes from the February 17, 2022, meeting. If
1190
everyone could take some time to review those.
1191
(Minutes reviewed.)
1192
MR. BARTLETT: I'm going to abstain from
1193
making a motion to approve minutes because I wasn't at
1194
the February 17, 2022, meeting.
1195
MR. MISLEH: I'll make a motion to approve the
1196
meeting minutes from the Board of Zoning Appeals meeting
1197
on Thursday, February 17, 2022.
1198
MR. EPPLER: I will second.
1199
RECORDING SECRETARY: Roll call.
1200
Mr. Bartlett.
1201
MR. BARTLETT: I will abstain.
1202
RECORDING SECRETARY: Mr. Misleh.
1203
MR. MISLEH: Yes.
1204
RECORDING SECRETARY: Mr. Eppler.
1205
MR. EPPLER: Yes.
1206
RECORDING SECRETARY: Ms. Ward.
1207
MS. WARD: Yes.
1208
RECORDING SECRETARY: Thank you.
1209
1210
7. OTHER BUSINESS
1211
1212
8. ADJOURNMENT
1213
MR. BARTLETT: And I will close the meeting of
1214
the Board of Zoning Appeals for March 17, 2022.
1215
Thank you very much and have a great evening.
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