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 Thursday, January 28, 2021 7:30 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Online Meeting BOARD OF ZONING APPEALS January 28, 2021 The Board of Zoning Appeals met in regular session at 7:30 PM on Thursday, January 28, 2021 in the Vienna Town Hall at 127 Center St S. and Via Zoom Webinar to discuss six agenda items. Chairman George Creed, Vice-Chair Jonathan Rak, Daniel Nash, Robert Petersen, Michael Gadell, and Robert Dowler were present participating via Zoom, Bill Daly was absent. Zoning Administrator and Principal Planner Kelly O’Brien also participated via Zoom, and Board Clerk Sharmaine Abaied was present in Town Hall. Resolution of Continuity of Government - Board of Zoning Appeals Resolution for Continuity of Government: Roll call vote: 6-0 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Vote 6-0 1 absent Roll Call Roll Call: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Regular Meeting Code Create, Vienna proposed residential standards for code update, discussion with Board Members Ms. O’Brien discussed with the Board the status of COde Create. She went over the Residential Standards Visual Survey for town residents, and the COde Create website: https://www.codecreatevienna.com/. A few Board Members had questions regarding the code update. Election of Officers Mr. Creed made a motion for Mr. Rak to be new Chair for BZA, Mr. Nash seconded the motion Town of Vienna Page 1 Printed on 3/19/2021 Board of Zoning Appeals Meeting Minutes January 28, 2021 Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Vote 6-0 1 absent Mr. Rak made a motion for Mr. Nash to be new Vice-Chair, Mr. Dowler seconded the motion Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Vote 6-0 1 absent Approval of the Minutes: Mr. Creed had one correction Mr. Gadell made a motion to approve the minutes as amended, Mr. Dowler seconded the motion. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Vote 6-0 1 absent Meeting Adjournment Mr. Rak made a motion to adjourn, Mr. Gadell seconded the motion. Ayes: Mr. Nash, Mr. Petersen, Mr. Creed, Mr. Rak, Mr. Gadell, and Mr. Dowler. Absent: Mr. Daly Vote 6-0 1 absent Meeting adjourned at 8:03 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 2 Printed on 3/19/2021 Board of Zoning Appeals Meeting Minutes January 28, 2021 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. During the public hearing each agenda shall be closed a decision will be rendered. The grant of a Conditional Use Permit, Variance, or appeal from a decision by the Town’s Zoning Administrator requires an affirmative vote of no less than a majority of membership, of the Board. The Board consists of 7 members and a majority consists 4 members. If the applicant is unable to stay for the Board’s decision portion, the applicant may learn the Board’s decision by contacting staff. The second portion of the meeting – the Regular Meeting – is for approval of meeting minutes and new business and will convene after the Public Hearing has been closed. 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 3 Printed on 3/19/2021