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, January 19, 2022 7:30 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Roll Call 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 January 19, 2022, beginning at 7:30 PM with Daniel Nash presiding as Chair. The following members were present in Council Chambers: Daniel Nash, Manpreet Dhanjal, Robert Petersen, and Robert Dowler. Absent were George Creed, Jonathan Rak, and Michael Gadell. Also attending in person and representing staff were Andrea West, Zoning Administrator, and Sharmaine Abaied, Board Clerk. Mr. Nash called the meeting to order and asked for the clerk to call the roll with Mr. Petersen, Mr. Nash, Mr. Dhanjal, and Mr. Dowler being present, and Mr. Creed, Mr. Rak, and Mr. Gadell being absent. Mr. Nash explained the purpose of the Board of Zoning Appeals and the meeting process. Public Hearings 543 Beulah Rd NE - Request approval of a conditional use permit from Section §18-22, §18-13.A, and §18-210 of the Vienna Town Code for a hypothermia shelter, as part of operations of a church. Request approval of a conditional use permit from Section §18-22, §18-13.A, and §18-210 of the Vienna Town Code for a hypothermia shelter, as part of operations of a church located at 543 Beulah Rd NE, in the RS-12.5, Single-Family Residential zone. Application filed by Alex Graham, of the Church of the Holy Comforter, on behalf of the Trustees of the Church of the Holy Comforter Ms. West gave a brief overview of the application to include the property location, previously held CUP’s, and the zoning information. Mr. Alex Graham of 3245 Betsy Ln Oak Hill, VA, was sworn in to speak. Mr. Graham stated the operations of the hypothermia shelter would be from January 30th to February 6th, partnering with FACETS. The shelter was proposed to host 30 guests who would leave the facility by 7am. The police and fire department are notified as to the location of the shelter to ensure the emergency evacuation procedures are in place. Mr. Graham explained the services provided to the guests while they are at the shelter. Mr. Petersen asked if, under the current five-year CUP, had there been any disruptions of a negative nature that should be shared with the Board. Mr. Graham stated that he had been involved with the shelter since 2015 and there were not any situations or incidents that had happened other than a 911 call for a guest who had an injured leg. Mr. Petersen asked Mr. Graham if he and the church, along with the other 16 organizations partnering Town of Vienna Page 1 Printed on 4/27/2022 Board of Zoning Appeals Meeting Minutes January 19, 2022 for the hypothermia shelters, felt there was no end in sight for the need for hypothermia shelters in Fairfax County. He then asked if that was the reason for the request for an unlimited amount of time on the CUP. Mr. Graham stated that he did believe that Fairfax County has a need and the filing fee is equivalent to the cost of two meal cycles for all of their guests. Mr. Petersen asked if the understanding was that there was no solution and that the need for the shelter would continue unabated. Mr. Graham stated the data he has reviewed over the past 10-15 years shows homelessness follows the areas economy. When there is a downturn in the economy there is an increase in homelessness. They are not able to forecast what is to come down the road, but felt there will always be a need. Mr. Petersen stated that the original CUP request 10 years ago had supporting documents stating the efforts to reduce and potentially eliminate the support for residents of the county if there was no longer a need. Mr. Dowler asked if the permit be would for 30 guests and also asked about the amount of staff and volunteers. Mr. Graham stated there would be 6 to 8 staff and volunteers. FACETS would provide 2 individuals in the early shift and the late shift with 4 to 5 of the church volunteers preparing meals, serving meals, and assisting guests. Mr. Graham also stated that although the church caps the guests at 30 they sometimes have fewer guest. Mr. Dowler asked if there was additional time between the 5:00pm – 7:00am for setting up and taking down. Mr. Graham stated their group and the setup up was efficient so there was not a need for additional time. Mr. Dowler asked, regarding staff, if anything would happen at 4:30pm since the doors open at 5:00pm. Mr. Graham stated the volunteers arrive at 4:30pm. Mr. Dowler asked when the volunteers leave. Mr. Graham stated that all guests and staff leave by 7:00am. Mr. Dowler asked if conditions of 4:30pm to 7:30a m would work for the hours, Mr. Graham stated they would appreciate that. Mr. Petersen stated he was not comfortable with a CUP that runs in perpetuity although he does understand the burden of the cost to reapply. He then asked how onerous it may be to have a time limit of 20 years. Mr. Graham stated that would be appreciated to have additional time. Mr. Petersen stated he was not sure what the Board would vote on, but appreciated Mr. Graham’s response. Mr. Nash asked if there was a gap from when the CUP expired, 2018, to present with the renewal request. Mr. Graham stated that was the transition time between volunteers as there had been a long-time volunteer who was instrumental in the original filings. Mr. Graham stated that currently he has created a system to hand off to the next lead for the volunteers. Mr. Nash asked Ms. West if it was the staff’s position that the CUP not negatively effect the persons living in and around the area. Ms. West stated it would be the position of the Board to make that determination. Mr. Nash asked Mr. Graham if there had been any incidents and Mr. Graham had stated there had been no issues. Mr. Nash asked Ms. West if that was consistent with staff information. Ms. West stated staff did not receive any information stating there were issues and that if there had been they were not significant enough to become part of the record for the CUP. Mr. Nash asked for a motion to close the public hearing portion of the meeting. Mr. Petersen made a motion and Mr. Dhanjal seconded the motion. Motion: Mr. Petersen Second: Mr. Dhanjal Ayes: Mr. Dhanjal, Mr. Nash, Mr. Petersen, and Mr. Dowler. Absent: Mr. Rak, Mr. Creed, and Mr. Gadell 4 Ayes, 0 Nays, 3 absent – motion passed. Town of Vienna Page 2 Printed on 4/27/2022 Board of Zoning Appeals Meeting Minutes January 19, 2022 Mr. Nash asked for a motion on the conditional use permit. Mr. Dowler made a motion to approve the conditional use permit to operate a hypothermia shelter at the Church of the Holy Comforter at 543 Beulah Rd NE, be granted with the following conditions: • The shelter is limited to 2 weeks per calendar year • The hours of operation be between 4:30pm and 7:30am • The shelter be limited to 30 guests with necessary staff and volunteers for the operation Mr. Nash asked if Mr. Dowler would like to amend to a specific time or in perpetuity. Mr. Dowler stated it be in perpetuity as it is not necessary as section 209 states the Board can revoke the use permit if it is not in compliance for the terms and conditions of the permit. Mr. Petersen seconded the motion, stating he would be comfortable with a time limit, but still felt Mr. Dowler made good points and hoped the motion would pass. Mr. Dhanjal spoke and stated he supported the conditional use permit and asked if there was a time limit placed on the similar request from the October 2021 BZA meeting. Mr. Nash stated it was determined there was not a need. Mr. Nash stated he understood Mr. Petersen’s concern, but stated there was an avenue to terminate the CUP if needed. He then stated he was also in favor of the motion. Mr. Dowler stated that, per section 209, the CUP would not adversely affect the health and safety of the community and that it was not detrimental to public welfare. The town and community would support the CUP and it was part of the Town’s Master Plan. Motion: Mr. Dowler Second: Mr. Petersen Ayes: Mr. Dhanjal, Mr. Nash, Mr. Petersen, and Mr. Dowler. Absent: Mr. Rak, Mr. Creed, and Mr. Gadell 4 Ayes, 0 Nays, 3 absent – motion passed. Approval of the Minutes: Mr. Nash stated the last business would be the approval of meeting minutes and mentioned that there were some corrections. Mr. Petersen made a motion to approve the minutes with the corrections submitted by members of the Board Motion: Mr. Petersen Second: Mr. Dowler Ayes: Mr. Dhanjal, Mr. Nash, Mr. Petersen, and Mr. Dowler. Absent: Mr. Rak, Mr. Creed, and Mr. Gadell 4 Ayes, 0 Nays, 3 absent – motion passed. Meeting Adjournment Town of Vienna Page 3 Printed on 4/27/2022 Board of Zoning Appeals Meeting Minutes January 19, 2022 Mr. Nash asked for a motion to adjourn. Mr. Dowler inquired about Town staff being sworn in when giving their presentation as they are giving evidence as it would be important if there was an appeal. Mr. Dowler motioned to adjourn. All members present voted in favor of adjourning. Ayes: Mr. Dhanjal, Mr. Nash, Mr. Petersen, and Mr. Dowler. Absent: Mr. Rak, Mr. Creed, and Mr. Gadell 4 Ayes, 0 Nays, 3 absent – motion passed. The meeting was adjourned at 8:01 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 4 Printed on 4/27/2022 Board of Zoning Appeals Meeting Minutes January 19, 2022 About the Board of Zoning Appeals: 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: •Hear and decide appeals from any order, requirement, decision or determination of the Zoning Administrator. •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 •Hear and decide applications for interpretation of the Zoning District Map when there is any uncertainty as to the location of the boundary line. •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 5 Printed on 4/27/2022