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, April 20, 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 April 20, 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, Robert Dowler, George Creed, and Michael Gadell. Also attending in person and representing staff were Andrea West Zoning Administrator, Planner Sharmaine Abaied, and Board Clerk Yaska Camacho Castillo. Mr. Nash called the meeting to order and asked the clerk to call the roll with Mr. Nash, Mr. Creed, Mr. Dhanjal, Mr. Gadell, Mr. Dowler, and Mr. Petersen. Mr. Jonathan Rak was absent. Mr. Nash explained the purpose of the Board of Zoning Appeals and the meeting process. Public Hearings 1 324 Nutley St NW- Louise Archer Middle School request for Conditional use permit for renovation and expansion of Louise Archer Elementary School, to include temporary construction classrooms during construction, located at 324 Nutley Street NW, in the RS-12.5 Single-family Detached Residential Zone Ms. Andrea West- Zoning Administrator, 127 Center Street S., was sworn in to speak. Ms. West gave a brief overview of the application that included the property location, the zoning information for the site, existing conditions, historical background, and proposed changes to the site. Mr. Dowler asked if there should be any concerns with the parking spaces on the loading docks. He wanted to confirm if it was part of the site plan modifications. Ms. West answered they were not being asked to approve any changes related to those. She stated the information provided was good to have to support the changes in the site. Mr. John Cummings- 11100 Endeavor Court Suite 200, Manassas VA was sworn in to speak. Mr. Cummings was representing the application. Mr. Creed commented on the street and parking lights being higher than they are supposed to be. He also commented on space usage being more than 25%. Ms. West stated that was not a variance. Those matters are part of the site plan. The Town Council will approve modifications to the site plan requirement, like the light height. Mr. Creed asked the applicant if they needed both trailers during construction. Mr. Town of Vienna Page 1 Printed on 10/3/2022 Board of Zoning Appeals Meeting Minutes April 20, 2022 Cummings assured the board that the trailers would be gone after construction. Mr. Gadell commented on the two issues brought up by a neighbor. The height of the light post above the residential required height and the proposal to remove the speed table. Mr. Cummings stated the speed table will be coming out and that they will be a stop sign right by it. Mr. Gadell asked if the two questions/concerns brought up by a neighbor were not before the board. Mr. Nash replied, yes. Mr. creed commented the speed table should go before the transportation safety commission at some point in time if the neighborhood wants it back. Mr. Dowler inquired about information on modular classrooms & trailers. He asked if they would be using new ones or the ones currently there. Mr. Cummings confirmed that they would be new trailers. Mr. Dhanjal spoke on school enrollment and how it is expected to go up again. He stated the construction plan aspect is good. He is excited the project is moving forward and is hopeful the kids will benefit from it. Additionally, he believes that having the kiss and ride separated from the faculty parking will be beneficial by alleviating some of the traffic that overflows Nutley. Mr. Nash, Mr. Dowler, and Mr. Dhanjal agreed to the long-overdue project. Mr. Nash asked for a motion to close the public hearing. Motion: Mr. Dhanjal Second: Mr. Gadell Ayes: 6 Nays: 0 Absent: Mr. Rak Motion passed Mr. Nash asked if anyone had a motion on the application. Mr. Dowler made a motion to approve the application for a conditional use permit Section §18-88.F and §18-210. II of the Vienna Town Code for a conditional use permit for Louise Archer Elementary School's expansion, including temporary construction classrooms during construction. Located at 324 Nutley St NW, in the RS-12.5 Single-Family Residential zone. Motion: Mr. Dowler Second: Mr. Petersen Ayes: 6 Nays: 0 Absent: Mr. Rak Motion passed Mr. Dowler made a second motion to approve the application for a conditional use Section §18-88.F and §18-210.II of the Vienna Town Code for a conditional use permit to construct or install two modular temporary classrooms and a restroom trailer during the renovation and expansion of Louise Archer Elementary School, located at 324 Nutley St NW, in the RS-12.5 Single-Family Residential zone. Application filed by Fairfax County Public Schools. Town of Vienna Page 2 Printed on 10/3/2022 Board of Zoning Appeals Meeting Minutes April 20, 2022 Motion: Mr. Dowler Second: Mr. Petersen Ayes: 6 Nays: 0 Absent: Mr. Rak Motion passed Regular Business Mr. Nash discussed the following: • new procedure on swearing-in staff to be part of the record. • If anyone has a specific question, they should address it with a staff member. • Groups of 2 or more board members are not allowed because it will be considered a meeting. Mr. Creed commented on how years ago, staff never made any presentations. The applicant always did it. Having staff members involved brings in the need to be sworn in. Approval of the Minutes Meeting minutes accepted. Mr. Nash asked for a motion to approve the meeting minutes. Motion: Mr. Dhanjal Second: Mr. Petersen Ayes: 6 Nays: 0 Absent: Mr. Rak Motion passed Meeting Adjournment Mr. Nash asked for a motion to adjourn. All members present voted in favor of adjourning. Motion: Mr. Dhanjal Second: Mr. Nash Ayes: 6 Nays: 0 Absent: Mr. Rak Motion passed There being no further discussion, the meeting adjourned at 7:56 PM. Respectfully submitted, Yaska Camacho Castillo 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 3 Printed on 10/3/2022 Board of Zoning Appeals Meeting Minutes April 20, 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. 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 of the decision. Town of Vienna Page 4 Printed on 10/3/2022