Board of Zoning Appeals

127 Center Street South Town of Vienna Vienna, Virginia 22180 p: 703.255.6341 TTY 7111 Meeting Minutes Board of Zoning Appeals Wednesday, February 15, 2023 7:30 PM Vienna Police Station 215 Center St S Roll Call The Board of Zoning Appeals (BZA) held one advertised public hearing in the Vienna Police Station at 215 Center St S, Vienna, Virginia, on Wednesday, February 15, 2023, at 7:30 pm. Chair Mr. Dhanjal called the meeting to order at 7:37 pm. Roll Call: Mr. Dowler, Mr. Creed, Mr. Petersen, and Mr. Dhanjal were present. Members Absent: Mr. Gadell, Mr. Nash, and Mr. Lowther. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Public Hearings: 311 Valeview Ct NW - Request for approval of a variance from Sec. 18-24. - Area requirements. E. Rear yard., of the Zoning Code, to construct a sunroom on an existing single-family dwelling located at 311 Valeview Ct. NW, in the RS-12.5, Single-Family Detached Residential zone. The Zoning Code requires a rear setback of 35’. Approval for construction of the sunroom would result in an encroachment of 9.6’, thereby having a rear yard setback of 25.4’ on the property. Application filed by David Jacobstein and Eleonora Ibrani, property owners Ms. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West gave a brief overview of the application, including the house’s background, the limited permit history, the additions to the structure, and the proposed changes. Ms. West stated that two decks were built with permits. However, one deck was converted into an enclosed space without any permit history. David Jacobstein – 311 Valeview Ct NW – The property owner – was sworn in to speak. Mr. Jacobstein stated that they moved to Vienna seven years ago. They want to do some work to their house, including replacing the sunroom that the family has enjoyed throughout the years with a screen porch. When the applicants started researching the work they wanted to be done to their home, they realized that the sunroom was inconsistent with the code, so they’re asking for a variance to be able to come into compliance with the code and adequately build a screen deck that will allow them to enjoy the space throughout different weather conditions. Town of Vienna Page 1 Printed on 3/20/2023 Board of Zoning Appeals Meeting Minutes February 15, 2023 Eleonora Ibrani – 311 Valeview Ct NW – The property Owner – was sworn in to speak. Ms. Ibrani stated that the current structure has windows on all sides, but there is no insulation, and it is in bad shape. Although the structure is enclosed, it does not serve the purpose of a well-insulated enclosed space. She clarified that they are not looking to create another room that would be a four-season room but rather a screened-in deck that the family can enjoy. Mr. Petersen asked what year the sunroom was constructed. Ms. West said it was constructed sometime before 1993 and after 1989. Mr. Creed inquired if both structures were being demoed and where was the new screen porch being placed. Ms. West confirmed that both structures would be demoed and are staying close to their existing footprint. The current enclosed area will become the screen porch, and the deck will be replaced with a new one. Mr. Petersen wondered if a variance was submitted for the enclosed structure, to which Ms. West confirmed that there is no record of a variance for the enclosed structure. Furthermore, Ms. West noted that a variance for the deck was submitted, and although the order is still in existence, it is no longer required because the setbacks for decks have changed since that time. As the board discussed the backyard setback, Mr. Dowler commented that the applicants are allowed to have both decks as a matter of right because they’re within what is permitted; the problem is they can’t have a building (roof over the deck) under any circumstances. Ms. Ibrani stated that they have come to rely on the enclosed structure a lot since living there for the past seven years. The space is used as an office, play area for the children, and dining area. It is an integral part of their home. She expressed how it would be a significant hardship not to have the covered space anymore. Lastly, she mentioned that there is nowhere else they can move the enclosed structure because of the way the house is situated. Mr. Dowler commented that when discussing hardship, the property's shape can be a cause. He described the house shape as a half trapezoid carved out by half a circle. He believes that the property shape and the applicants’ explanation are sufficient to support a hardship finding. Mr. Creed agreed with Mr. Dowler’s comment. He said that when someone is looking for a property, they don’t necessarily see how the shape of the lot can affect them until they start living in it. Mr. Dowler made a motion to close the public hearing, and Mr. Creed seconded the motion. Mr. Dowler commented to the applicants that they were at a disadvantage because there were only four board members, and all four members would have to favor the variance for approval. He stated that the applicants should be able to postpone the request and return when all seven board members are present. Mr. Dhanjal pointed out that he also informed the applicants before the meeting started about having the option to table the request until the next Board of Zoning Appeals meeting. Ms. West informed the board that the public meeting would have to be reopened if they wanted to discuss further the option of deferring the application with the applicants. Town of Vienna Page 2 Printed on 3/20/2023 Board of Zoning Appeals Meeting Minutes February 15, 2023 Mr. Dhanjal moved to reopen the public hearing, and Mr. Creed seconded the motion. Ms. Ibrani asked if there would be more members at the next meeting. Mr. Dhanjal explained that we ask for attendance confirmation the week before the meeting. He explained to the applicants that it would be considered a final vote if the board voted tonight. After further discussion, the applicants decided to table the request until March. Mr. Dowler made a motion to close the public hearing, and Mr. Creed seconded the motion. Mr. Dowler made a motion to table the case until next month per the applicant’s request. Motion: Mr. Dowler Second: Mr. Creed Aye: 4 Nay: 0 Absent: Mr. Gadell, Mr. Nash, and Mr. Lowther Regular Business: Approval of the Minutes Mr. Petersen made a motion to accept December 21, 2022, meeting minutes as submitted, and Mr. Creed seconded the motion. Meeting Adjournment The meeting adjourned at 8:18 pm. 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 3/20/2023 Board of Zoning Appeals Meeting Minutes February 15, 2023 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 3/20/2023