Board of Zoning Appeals

Town of Vienna 127 Center Street South Vienna, Virginia 22180 p: 703.255.6341 TTY 7111 Meeting Agenda Board of Zoning Appeals Wednesday, July 20, 2022 7:30 PM COUNCIL CHAMBERS-VIENNA TOWN HALL Roll Call Public Hearings BZA-22083 140 Park Street SE - Conditional Use Permit Attachments: 01 -STAFF REPORT - Board of Zoning Appeals -140 Park St SE - Hope Veterinary - CUP - FINAL 02 - Application and Authorization 03 - CUP Request Letter and Hours of Operation - Hope Advanced Veterinary Center 04 - Floor Layouts 05 - 2005 BZA Order - 140 Park St SE_CUP_PF-33-05-CP 06 - PC-Memo-140-Park-St-SE-CUP-BZA_06-22-22 Regular Business Approval of the Minutes: Meeting Adjournment 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 Page 1 Printed on 7/18/2022 Board of Zoning Appeals Meeting Agenda July 20, 2022 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. Page 2 Printed on 7/18/2022