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, May 18, 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 May 18, 2022, beginning at 7:30 pm with Daniel Nash presiding as Chair. The following members were present in Council Chambers: Daniel Nash, George Creed, Michael Gadell, Robert Dowler, Robert Petersen, and Manpreet Dhanjal. Also attending in person and representing staff were Andrea West, Zoning Administrator; Sharmaine Abaied, Planner; and Yaska Camacho Castillo, Board Clerk. Mr. Nash called the meeting to order and asked the clerk to call the roll with Mr. Nash, Mr. Creed, Mr. Gadell, Mr. Dowler, Mr. Petersen, and Mr. Dhanjal (arrived late) present. Mr. Nash explained the purpose of the Board of Zoning Appeals and the meeting process. Public Hearings 1 142 Branch Rd SE- Request for approval of a conditional use permit per Section(s) § 18-74., 18-210. and 18-209. of the Vienna Town Code for outdoor seating for Big Buns restaurant, located at 142 Branch Rd SE, in the C-2, General Commercial, C-1A, Special Commercial and RS-10, Single Family Detached Residential zones. Ms. Andrea West- Zoning Administrator, 127 Center Street S., was sworn in to speak. Ms. West gave a brief presentation that included the re-establishment of the existing outdoor dining use for the previous tenant, the previous CUP, property location, the zoning information for the site, and proposed changes to the site. Pedro Santini- Architect- 1902 Campus Commons Rd, 101 Reston, VA 20190- was sworn in to speak. Mr. Santini was representing the application. Mr. Santini briefly described the request for the approval of the conditional use permit for the outdoor seating, tables, and railing. He stated they would be 20 seats which the previous tenant was approved for. The only difference is the number of tables, but the seating amount will remain the same. The previous tenant was Elevation Burger; the new tenant is Big Buns, which has the same business function. Mr. Santini stated they agreed to the relocation of the bike rack and the addition of two (2) ballots, as the Planning Commission recommended. Mr. Creed stated he drove by the site earlier during the day and noticed the site has at least ten (10) tables and probably twenty (20) seats. He said the site should only have five (5) tables if the last CUP was still in existence. Ms. West stated the site shouldn't have any tables. When the previous business ceased to Town of Vienna Page 1 Printed on 10/12/2022 Board of Zoning Appeals Meeting Minutes May 18, 2022 operate, the CUP ended because it was specific to their conditions. She commented that she knew they had on-site tables and chairs; however, they were not set up for customers' usage. Mr. Creed replied that the weather was beautiful outside and noticed no one was sitting inside. He suggested that the Department of Planning and Zoning staff look at the site to ensure no violation is in place until the final CUP is approved, primarily until the bollards are installed to protect the consumers. Mr. Dowler asked the distance between the tables and how the railing would be installed. The applicant stated the space between the tables was 6ft 8 on one side and 6ft 6 on the opposite side. He also said the railing would be installed permanently; however, the railing can be removed if needed. Mr. Dowler continued to discuss the railing, and Mr. Santini responded that with the railing, the existing seven (7) bollards, and the additional bollards they will be adding, that should be enough protection for the consumers. Mr. Dowler inquired about the previous/existing Conditional Use Permit. He asked Ms. West why she stated in specific "to the last tenant." He mentioned he was under the impression it has always been running with the land. He asked how this Conditional Use Permit was specific to Elevation Burgers. Ms. West replied the Conditional Use Permit conditions speak to the operator of Elevation Burger. It is the length between a specific user and conditional use permit vs. running with the land. Mr. Dowler commented Big Buns should be able to use the Conditional Use Permit if they met the same requirement as Elevation Burger. Ms. West stated that would not be the case since the business name was included. They would have to return to the board for revision. Mr. Creed commented from what he understands that as long as it continues to be of the same restaurant use, the Conditional Use Permit should continue to run. He suggested to the staff to check with the Town attorney. Mr. Nash asked Ms. West if the table count and the business's name were the only two changes. Ms. West confirmed it was beside the layout. Mr. Creed questioned if the railing was designed as a safety procedure or if that is why the bollards were there for. Mr. Santini replied it was both. Mr. Creed commented he didn’t believe that would stop a bike from passing through there. Mr. Dhanjal made a motion to close the application, and Mr. Gadell seconded the motion with all in favor. Mr. Nash asked for a motion on the conditional use permit. Mr. Creed made a motion to approve the request for approval of a conditional use permit per Section(s) § 18-74., 18-210. and 18-209. of the Vienna Town Code for outdoor seating for Big Buns restaurant, located at 142 Branch Rd SE, in the C-2, General Commercial, C-1A, Special Commercial, and RS-10, Single Family Detached Residential zones with the following conditions: • New table arrangement to include ten (10) tables & twenty (20) chairs. • Installation of bollards as specified by the Planning Commission. Motion: Mr. Creed Second: Mr. Petersen Ayes: Mr. Nash, Mr. Dhanjal, Mr. Creed, Mr.Gadell Nays: Dowler Town of Vienna Page 2 Printed on 10/12/2022 Board of Zoning Appeals Meeting Minutes May 18, 2022 Mr. Dowler stated he voted against it due to a matter of safety. The tables are on both sides of the sidewalk. He said that generally, when they have previously approved these types of requests, the tables have been against the wall on the side of the building, not on the side of the sidewalk/street. Motion passed 5-1 2 374 Maple Ave E - Request for approval to amend a conditional use permit per Section § 18-209. to remove three (3) existing cell antennas and equipment including stealth flagpole and install nine (9) new cell antennas, equipment, and screen wall on the roof of the existing building located at 374 Maple Ave E, located in the C-1A, Special Commercial zone. Ms. West gave a brief presentation that included information on the building, the site, and the proposed changes. She also mentioned the approval from the Board of Architectural Review and recommendation from the Planning Commission. Ms. Katherine Blackwood – 6095 Marshalee Dr, Suite 300 Elkridge, MD 21075 - was sworn in to speak. Ms. Blackwood was present to represent the application. Ms. Blackwood described the proposed changes. She stated they are going to remove the flag pole, install the new screen wall, enclose the equipment, and install the antennas on the exterior with the finishes that the Board of Architectural Review recommended, which will not require the antennas to be painted for them to match. Mr. Creed commented he was delighted to see the flagpole gone. He stated he noticed a mechanical structure above the word “United Bank” he asked if everything would be consolidated/enclosed into the current mechanical structure, such as the electrical devices for the sprint system. Ms. Blackwood replied yes and said they would make the platform a bit bigger to take up the least space sprint has to accommodate the antennas and equipment behind the walls, which will no longer be seen. Mr. Creed made a motion to close the application, and Mr. Dhanjal seconded the motion with all in favor. Mr. Nash asked for a motion on the conditional use permit. Mr. Dowler made a motion to approve the request to amend a conditional use permit per Section § 18-209. to remove three (3) existing cell antennas and equipment, including a stealth flagpole, and install nine (9) new cell antennas, equipment, and screen wall on the roof of the existing building located at 374 Maple Ave E. Motion: Mr. Dowler Second: Mr. Petersen Ayes: 6 Nays: 0 Motion passed 6-0 The public portion of the meeting adjourned at 7:59 pm. Regular Business Ms. West introduced the new Director of the Planning and Zoning Department, Mr. David Levy. Mr. Levy briefly described his local government experience in various jurisdictions. Town of Vienna Page 3 Printed on 10/12/2022 Board of Zoning Appeals Meeting Minutes May 18, 2022 Mr. Creed welcomed Mr. Levy and commented on how the Director would always attend the meetings until 2017. He stated the board is welcome to have him present in the meetings. Approval of the Minutes Meeting minutes accepted. Mr. Petersen made a motion to approve the meeting minutes with the changes mentioned by Mr. Dowler and Mr. Creed. Motion: Mr. Petersen Second: Mr. Dhanjal Ayes: 6 Nays: 0 Motion passed 6-0 Meeting Adjournment Mr. Nash asked for a motion to adjourn. All members present voted in favor of adjourning. There being no further discussion, the meeting adjourned at 8:04 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 4 Printed on 10/12/2022 Board of Zoning Appeals Meeting Minutes May 18, 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 5 Printed on 10/12/2022