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, September 21, 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 Wednesday, September 21, 2022, at 7:30 pm. Chair Mr. Nash called the meeting to order at 7:30 pm. Roll Call: Mr. Petersen, Mr. Gadell, Mr. Creed, Mr. Dhanjal, Mr. Nash, and Mr. Dowler (arrived at 7:36 pm) were present. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Mr. Nash explained the purpose of the Board of Zoning Appeals and the meeting process. Public Hearings 140 Park St SE - Request to amend an existing conditional use permit for an animal hospital per Sections 18-74.E and 18-210.P, for Hope Advanced Veterinary Center, located at 140 Park Street SE, in the C-1, Local Commercial zone. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West provided a brief presentation on the Conditional Use Permit revision for Hope animal hospital, located at 140 Park Street SE. Ms. West’s presentation included information on the zoning district, the site plan approval from October 1988, the approved conditional use permit by the Board of Zoning Appeals from 2005 for the Emergency Veterinary Clinic of Northern Virginia, and the conditions for the existing conditional use permit from 2005 which are as follows: • 24 hours emergency services (7) seven days a week. • All other activities are to be conducted Monday through Friday from 8 am- 6 pm. • No overnight boarding of healthy pets. • Compliance with applicable professional and health standards and requirements for storage and disposal of hazardous materials. Ms. West also reviewed the current proposal to amend the conditional use permit to extend the operating hours, specifically in the morning, to allow an additional hour (starting at 7 am) for patients to drop off their animals for services and procedures. This proposal will help reduce the number of patients dropping off at once. Ms. West stated that the proposal was reviewed by the Planning Commission on June 22, 2022, and noted that the original Board of Zoning Appeals hearing was supposed to be on July 20, 2022, and because of a Town of Vienna Page 1 Printed on 12/27/2022 Board of Zoning Appeals Meeting Minutes September 21, 2022 lack of quorum, it was deferred to the next regular meeting since a full quorum was not available for a special meeting. Darren Morgan – Practice Manager – 140 Park St SE – was sworn in to speak. Mr. Morgan stated that Ms. West’s presentation provided all the information needed. He said that starting one hour earlier would help prevent everyone from coming in at once, and it would allow them to schedule more patients. Mr. Dhanjal asked how opening one hour earlier would help stagger the drop-off if they would be scheduling more patients. Mr. Morgan responded that they would still open at 8 am; however, they would start taking in patients who need chemotherapy treatments at 7 am to avoid a cluster at 8 am when they open. Mr. Creed stated he was on the Planning Commission when it was reviewed and remembers it being approved by the Board of Zoning Appeals. He said he believes this makes really good sense to start one hour earlier (7 am) to assist in reducing rush hour traffic at the section of Park Street. Mr. Creed made a motion to close the public hearing, and Mr. Dhanjal seconded the motion. Mr. Creed made a motion to approve the request to amend an existing conditional use permit for an animal hospital per Sections 18-74.E and 18-210.P for Hope Advanced Veterinary Center, located at 140 Park Street SE, in the C-1, Local Commercial zone. Motion: Mr. Creed Second: Mr. Petersen Ayes: 6 Nays: 0 Motion Carried Regular Business The board discussed the following: Mr. Creed inquired about the installation of bollards for Big Buns restaurant. He believes the bollards were never installed. Ms. West stated she sent Big Buns a notice of violation and is waiting for a response. She is looking for a mailing address within the corporate to start the violation process. Ms. West informed the board about future public meetings being held in the community center or other locations due to the repair of the elevator in Town Hall. Mr. Dowler made a procedure suggestion- he suggested discussing a motion to mark down their reasons for the motion in case of an appeal. The board discussed. Approval of the Minutes Mr. Creed made a motion to approve the meeting minutes from May 18, 2022, and Mr. Dhanjal seconded the motion. The meeting minutes were accepted as submitted. Meeting Adjournment Mr. Nash asked for a motion to adjourn. All members present voted in favor of adjourning. Town of Vienna Page 2 Printed on 12/27/2022 Board of Zoning Appeals Meeting Minutes September 21, 2022 There being no further discussion, the meeting adjourned at 7:48 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 12/27/2022 Board of Zoning Appeals Meeting Minutes September 21, 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 4 Printed on 12/27/2022