Board of Zoning Appeals

Town of Vienna 127 Center Street South Vienna, Virginia 22180 p: 703.255.6341 TTY 7111 Meeting Minutes Board of Zoning Appeals Wednesday, June 17, 2020 8:00 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Resolution for Continuity of Government The Board of Zoning Appeals (BZA) held one advertised public hearing in the Council Room of the Vienna Town Hall, located at 127 Center Street, South, Vienna, Virginia, on June 17, 2020 beginning at 7:02 PM with George Creed presiding as Chair. The following members were present: Daniel Nash, Jonathan Rak, Robert Petersen, Robert Dowler, Michael Gadell, and William Daly. Also attending and representing staff were Frank Simeck, CZA, Kelly O’Brien Principal Planner, and Sharmaine Abaied, Board Clerk. At the beginning of the meeting Mr. Creed asked the clerk to call roll with all members being present. Item No. 1 Board of Zoning Appeals May 20, 2020 Resolution for Continuity of Government Mr. Creed read the Resolution for Continuity of Government and asked for a roll call vote with 7 ayes, and 0 nays. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler. Mr. Creed gave a brief statement pertaining to the purview of the Board of Zoning Appeals Roll Call Public Hearing 315 Center St - Request for a Variance from §18-49 of the Town Code. Request for approval of a variance from Section §18-49 of the Vienna Town Code in order to construct a deck beyond the required rear yard setback line on the property located at 315 Center St, North; in the RTH, Townhouse zoning district. Application filed by Mr. Alex Michael Kupperman & Mrs. Alaina Kupperman, owners. Mr. Alex Michael and Mrs. Alaina Kupperman of 315 Center St. N Vienna, VA were sworn in to speak. Mr. Simeck gave an overview of the application for a variance to encroach into the rear yard setback line to build a deck. He explained that the Ayr Hill Square Townhome Development was designed for front yard setbacks incorporating 2 parking spaces and a sidewalk. Mr. Kupperman gave a brief overview of their application for an at grade deck at rear of Town of Vienna Page 1 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 their home by giving the time line and events from when they moved in until present. Mr. Kupperman stated the physical conditions of the property create a hardship. The current depth of their rear-yard is 25 feet which is in violation of the RTH required 40 foot rear yard with a deck allowed within 28 feet of the rear property line. The proposed area that would be encroached upon is the HOA’s common area, which is in excess of what is required for space between townhouses. Mr. Kupperman stated they did not create the hardship and that the condition is unique to their townhome community. He also stated the deck would not be detrimental to their community, but would actually be aesthetically pleasing to their community. Mr. Kupperman stated their neighbors were supportive of their application, and they had received approval from their HOA. Mr. Petersen stated that Mr. Simeck mentioned the Town Council, at the time of the code adoption, may have flipped the front and rear setbacks. He then asked if the two parking spaces would have been eliminated if they had not “flipped” the setbacks. Mr. Simeck stated it may not have eliminated them, but would have pushed the public improvements into the common area. He then stated it should have been 25 feet in the front and 40 feet in the rear, but that it was reversed. Mt. Petersen stated that although they have a shortened rear-yard they have received two parking spaces. If the building had been moved closer to the front of the property, providing space at the rear of the property, the two parking spaces would be lost. Mr. Creed stated that generally, with HOA’s, the parking area is part of the common area, it would not be owned by the resident. Mr. Daly stated that it was typical for HOA’s to utilize their common area to provide, in front of each townhouse, two reserved parking spaces. It appears the typical common area for parking was moved to the rear of the home preventing home owners from having a deck like all other townhomes. It appears it was a mistake that was exacerbated by a number of parties back in 1966 and the best way to correct would be to provide a variance. Mr. Steven Michael Oster, 305 Center St N Vienna, VA, was sworn in to speak. Mr. Kamal Shah, 313 Center St N Vienna, VA, was sworn in to speak. Mr. Oster stated the back of their home is directly across from the Kuppermans. He stated their home would be most affected by the variance and felt the plans were well done and consistent with other decks built along the common area. He continued stating the construction of the deck would not adversely affect the common area, but enrich. Mr. Shah stated his property came with a deck so he did not have to go through the variance process. He felt, from a consistency stand point, it would improve the aesthetic of their row of townhomes and would bring some beautification to the whole community. Mr. Creed asked if there were any Board members or any audience members that would like to speak, there being none Mr. Creed asked for a motion to close the hearing on the issue. Mr. Rak made the motion and Mr. Nash seconded Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, Mr. Dowler Motion: Rak Second: Nash Passed: 7-0 Town of Vienna Page 2 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 324 Nutley St NW - Request for a Conditional Use Permit from §18-210.G of the Town Code Conditional use permit for continued placement of modular classroom associated with Louise Archer Elementary School, 324 Nutley St NW, in the RS-12.5 Residential Zone, application filed by Fairfax County Public Schools. Mr. Simeck gave a presentation, explaining the location of the current modular classrooms. He also stated the public use trailers would not go before the BZA as they are under the purview of Town Council. The original conditional use permit was approved by the BZA in 2005 for 10 years, and then approved a 5 year retroactive extension on July 16, 2015, now expiring July 2020. They are requesting continued use for another 5 years as completion of the schools renovation should be completed in 2025. When renovation is complete the modular classrooms will be removed. Mr. Simeck reviewed the criteria for a conditional use permit. Mr. John C McGranahan Jr., 10206 Colvin Run Rd Great Falls, VA was sworn in to speak Mr. McGranahan stated he was an attorney with Hunton, Andrews, Kurth LLP Mr. McGranahan stated the bond for construction was approved and the consultants for the design renovation were put in place by the school board with planning and design under way. The proposed opening date for the renovated area would be August 2025 with the modular classrooms and public use trailers gone at that time. Mr. McGranahan showed the Board members a picture of the modular homes on Nutley Street, looking west along with other pictures of the modular homes. Mr. Rak asked about the distinction between public trailer and modular home. Mr. Simeck stated that Town Council approves public trailers and the Board of Zoning Appeals approves modular homes. Mr. McGranahan stated that modular homes are more permanent since it sits on a foundation giving it the same type of use as a school. Public trailers are separate because they are temporary with a separate use under the zoning ordinance. Mr. Creed gave some history regarding the history of the modular buildings. He then asked if 2025 would be the end of the renovations. Mr. McGranahan stated yes because the funding has been approved and it is in the school boards CIP. With there being no other comments Mr. Creed asked for a motion to close the hearing on the issue. Mr. Daly made the motion, Mr. Gadell seconded the motion. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler Motion: Daly Second: Gadell Passed: 7-0 800 Maple Ave E - Request for a Conditional Use Permit from § 18-13.c and § 18-210.O of the Town Code. Amendment to an existing conditional use permit to construct an addition to the existing clubhouse, 800 Maple Ave E, in the RS-16, Residential Zone, application filed by Patrick M. Via, Esq., on behalf of Westwood Country Club. Town of Vienna Page 3 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 Mr. Simeck gave an opening statement about the conditional use permit application. Previous CUP approvals: 1962 for the opening of the club, 1972, for the installation of a light facility, 1999 for the construction of the maintenance facility, and 2000, for a large addition to the clubhouse. The proposed addition would be a 12,000 square foot addition on the west side of the existing clubhouse. Mr. Simeck reviewed the process of deeming the application complete, stating the applicants waived the 90 day review restriction, and the criteria of a conditional use permit. Patrick M. Via, 1900 Gallows Rd Suite 700 Tysons, VA, was sworn in to speak. Braden Field, 3200 Lee Hwy Arlington, VA, was sworn in to speak. John Levtov, 9900 Main St Fairfax, VA, was sworn in to speak. Brian Stone, 43437 Spring Cellar Ct Leesburg, VA, was sworn in to speak. Mr. Via gave an overview of the proposed project. The application is an amendment to an existing conditional use permit with the purpose of adding a 12,000 square foot building, located between the existing pool and tennis facility, and attached to the existing pool house. The purpose of the new clubhouse is to better serve the existing members; the intent is not to increase membership. Mr. Via stated the proposed addition would not adversely affect the health or safety of the neighborhood as it is not adjacent to any of the residential neighborhoods, there will be additional screening, and there will be no additional vehicle trips, with minimal stormwater management as it will be captured on site. This proposal is in accordance with the comprehensive plan. Mr. Levtov presented the existing conditions and pointed out the proposed area of work, behind the existing club. The proposed area of work currently consists of a concrete patio for cart staging area, and a grassy slope. There will be a slight increase in impervious area which currently drains to a fairly new stormwater management facility, constructed under the 2014 state requirements. Mr. Levtov continued to discuss details of the site work. Mr. Field began by showing some aerial views of the locations current conditions, pointing out the location of the proposed addition. The proposed addition is 12,000 square feet with the height being 15 feet to align with the existing second level. The approach that will be taken is to blend, being complimentary as possible to the existing architecture and building. The primary purpose of the addition is to add additional cart storage and an enlarged fitness studio. In the illustration the green will be the cart storage and maintenance facility, below grade on the east side. In blue will be the new expanded fitness space, indoor golf simulator bays, and a small private dining room. The yellow portion will be repurposed into an expanded youth activity area. On the second level, the gray is existing building that will remain. In pink is the roof top terrace. Mr. Field presented the elevations, schematics, and renderings of the proposed addition. He continued stating that the planning commission did made a suggestion to look at a green roof over the cart storage portion of the proposed addition. A traditional green roof is outside of the budget for the proposed addition so they looked at other avenues. Mr. Fields stated the visibility of the roof is minimal and above the plane of view from most of the surrounding sides. They are proposing to plant landscaping along the side of the roof, at the parking lot side, to screen the view. The terrace would have view of the roof as well, but the trellis at the back of the terrace will help screen the view, but they are proposing to put movable rooftop planters allowing for a range of planting types depending on the season. The proposed surface material of the roof is a light colored round river stone to blend with the exterior materials of the existing facilities. Town of Vienna Page 4 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 Mr. Rak spoke on Fairway Dr, stating there was a lot more foot traffic, the segment of sidewalk on Fairway Dr at the club is missing. Mr. Rak wasn’t suggesting they build it, but to explore the possibility of the club making that available for the town to make that connection on the south side of Fairway Dr. Mr. Via stated he was familiar with the area and that he was sure the club would review it. He wasn’t sure what impact it would have on the course or the ability to grant that. Mr. Creed stated, on page 1, the comment of an additional 15 parking spaces, and asked why there would be a need for those parking spaces. Mr. Via stated, initially, the thought was to create more parking spaces if there was an ability to do so. Due to stormwater management modifications, the parking spaces will actually remain the same number as today. Mr. Levtov stated that was correct. In the initial submission they had looked at expanding the parking, but the club decided it was not something they wanted to do as there was not a need. Mr. Creed referred back to the applications statement of justification showing the additional parking. Mr. Levtov stated at the time the statement was submitted, there were additional parking spaces proposed, but the plan before the Board there will be no additional parking spaces proposed. Mr. Creed spoke on the recommended green roof and asked if what they are proposing is permeable, but not the traditional green roof, and is not intended to be walkable. Mr. Via stated that was correct, and it was not intended to be walked on or accessible, but to minimize the aesthetic impact. There was continued discussion regarding the green roof in conjunction with the terrace. There were no further comments. Mr. Creed asked for a motion to close the hearing for this item. Mr. Rak made the motion, Mr. Dowler seconded. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler. Motion: Rak Second: Dowler Passed 7-0 Regular Hearing 315 Center St N - Variance Request Decision Request for approval of a variance from Section §18-49 of the Vienna Town Code in order to construct a deck beyond the required rear yard setback line on the property located at 315 Center St, North; in the RTH, Townhouse zoning district. Application filed by Mr. Alex Michael Kupperman & Mrs. Alaina Kupperman, owners. Mr. Dowler made a motion to approve the request for a variance from Section §18-49 of the Vienna Town Code to build a deck beyond the rear yard setback at 315 Center St. N. be granted. Mr. Daly seconded the motion. Mr. Dowler stated, in support of the motion, the applicant because the setbacks were created after the construction of their home / townhouse subdivision, and those setbacks exist today. This is an unreasonable restriction on the use of their property. The remedy with the modest size of their deck is a reasonable solution. Mr. Creed asked for additional comments from Board members. Town of Vienna Page 5 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 Mr. Rak spoke in support of the motions stating the common open space provides a functional setback although the lot line may not extend to the rear. The other lots with identical circumstances, having been granted variances for decks by the Board in the past, are a compelling as well. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler. Motion: Dowler Second: Daly Passed: 7-0 324 Nutley St NW - CUP Decision Conditional use permit for continued placement of modular classroom associated with Louise Archer Elementary School, 324 Nutley St NW, in the RS-12.5 Residential Zone, application filed by Fairfax County Public Schools. Mr. Rak made a motion approve the extension of the conditional use permit. Mr. Dowler asked if it would be limited to the 5 years or until October 2025. Mr. Rak stated the intent of the motion was to grant it for the requested 5 years, but not longer than that. Mr. Creed stated that if it was extended for 5 years it would expire in July 2025. He asked the Board if they would want to carry it until August as that is what the school would need. Mr. Dowler proposed they approve until October 1, 2025 to cover if there was any delay or an opportunity to refile. Mr. Creed asked for a motion to amend, Mr. Rak made the motion to amend and Mr. Dowler seconded the amended motion to extend the conditional use permit for 5 years, ending October 1, 2025. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler Motion: Rak Second: Dowler Passed: 7-0 800 Maple Ave E - CUP Decision Amendment to an existing conditional use permit to construct an addition to the existing clubhouse, 800 Maple Ave E, in the RS-16, Residential Zone, application filed by Patrick M. Via, Esq., on behalf of Westwood Country Club. Mr. Creed asked for a motion. Mr. Nash made a motion to grant the amendment for the existing conditional use permit. Mr. Dowler seconded the motion. Town of Vienna Page 6 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 Mr. Creed asked if any Board members had any comments. Mr. Nash spoke in support of the motion stating it was line with the criteria conditional use permit as well as their existing conditional use permit. Mr. Dowler stated it was significant that there would be no increase in the membership with no effect on the community regarding traffic. Mr. Rak stated he supported the motion as well and ask that staff, while working on the site plan, see if there is a way to extend the sidewalk on Fairway as the applicant is willing to consider that. Mr. Creed stated he did not see the connection to the conditional use permit. Mr. Rak stated he wasn’t suggesting making it a condition, he was asking staff to look at it when reviewing the site plan. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler Motion: Nash Second: Dowler Passed: 7-0 Approval of the Minutes: Mr. Creed stated he had given corrections to the clerk at an earlier date and asked if any Board members had additional corrections that need to be made. Mr. Daly made a motion to approve, Mr. Nash. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler. Motion: Daly Second: Nash Passed: 7-0 Mr. Creed asked, before adjourning, about the Board changing their format to voting as soon as each agenda item has been completed. Mr. Rak stated he felt it was a great idea, allowing the applicants to receive feedback without having to wait until the end of the meeting. Mr. Creed asked Mr. Simeck what the Board would need to do. Mr. Simeck stated it would just need to be added to the Boards by-laws. Mr. Dowler asked where the by-laws were, Mr. Simeck stated there were none, but that there could be. Mr. Creed stated he would work on that with Mr. Simeck. Mr. Dowler asked about the 90 days and why their hands are tied. Mr. Simeck said that the state code says there is 90 days to act on the application. Mr. Dowler asked where in the state code. Ms. O’Brien stated the application heard, Westwood Country Club, may have had an overlap of time so the applicant was asked to waive the 90 days. Applicants can be asked to waive the 90 days, but cannot be forced to do so. It is in the town code, not the state code. If the Board of Zoning Appeals would like to change that code section, they could ask. Mr. Dowler asked if there was a prohibition to extent it if the applicant agrees to it. Mr. O’Brien stated the applicant would have to agree, and then it could be extended. There was continued discussion regarding the 90 day restriction. Mr. Creed inquired about the zoning update. Ms. O’Brien stated the funding was in place, the consultant was chosen and the process has begun which should take around 2 years. Town of Vienna Page 7 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 Mr. Simeck spoke on the code section relating to the 90 day requirement for conditional use permits. Meeting Adjournment Mr. Creed asked for a motion to adjourn. Mr. Dowler made the motion, Mr. Rak Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, Mr. Daly, and Mr. Dowler. Motion: Rak Second: Dowler Passed 7-0 The meeting was adjourned at 8:57 PM. Respectfully submitted, Sharmaine Abaied Board Clerk THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6341, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. About the Board of Zoning Appeals Town of Vienna Page 8 Printed on 9/28/2020 Board of Zoning Appeals Meeting Minutes June 17, 2020 The Board of Zoning Appeals is a quasi-judicial board comprised of seven members – all of whom are residents of the Town of Vienna, VA. The Board serves as an arm of the Fairfax County Circuit Court, as all members are appointed to the Board by the Court after receipt of recommendation from the Vienna Mayor and Town Council. The Board is empowered by the Code of Virginia to: 1. Hear and decide appeals from any order, requirement, decision or determination of the Zoning Administrator. 2. Grant variances from the Zoning Ordinance – as defined in Section 15.2201 of the Code of Virginia – as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will unreasonably restrict the utilization of the property to a degree that is not shared generally by other properties within the same zone or district, and its authorization will not be of substantial detriment to adjacent properties or change the character of the neighborhood 3. Hear and decide applications for interpretation of the Zoning District Map when there is any uncertainty as to the location of the boundary line. 4. Grant Conditional Use Permits in accordance with the provisions of Section 18-209 – 216 of the Vienna Town Code. The Board of Zoning Appeals does not have the power to change the Zoning Ordinance or the rezone property. Those powers rest with the Mayor and Town Council. Please be advised, the Board decides each application on its own merit – there are no precedents. The Board will first consider each application during the Public Hearing portion of the meeting. As part of the Virginia Court System, the Board of Zoning Appeals takes sworn testimony and each participant will be sworn in prior to offering comments. The second portion of the meeting – the Regular Meeting – will convene after the Public Hearing has been closed. The Board will reach a decision on each item. The grand of any appeal from a decision by the Town's Zoning Administrator requires an affirmative vote of a quorum, no less than a majority of membership (4), of the Board. The grant of a Conditional Use Permit or variance requires an affirmative vote of a quorum, no less than a majority of membership (4), of the Board. If you are unable to stay for the last portion of the meeting, you may learn the Board’s decision by contacting staff. If any party is not satisfied with the decision of the Board, an appeal may be filed with the Circuit Court of Fairfax County within 30 days after the issuance of the Board’s decision on the matter. Town of Vienna Page 9 Printed on 9/28/2020