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 17, 2023 7:30 PM Council Chambers - Vienna Town Hall Roll Call The Board of Zoning Appeals (BZA) held one advertised public hearing in the Vienna Town Hall at 127 Center St S, Vienna, Virginia, on Wednesday, May 17, 2023, at 7:30 pm. Chair Mr. Dhanjal called the meeting to order at 7:30 pm. Roll Call: Mr. Dhanjal, Mr. Lowther, Mr. Gadell, Mr. Creed, and Mr. Dowler were present. Members absent: Mr. Petersen and Mr. Nash. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Public Hearing: Town of Vienna Page 1 Printed on 7/20/2023 Board of Zoning Appeals Meeting Minutes May 17, 2023 BZA-23092 309 Moorefield Rd, SW - Request for approval of a variance from Sec. 18-33. - Area requirements., E. Rear yard., of the Zoning Code, to construct a screened porch on the rear of an existing single-family dwelling located at 309 Moorefield Rd, SW, in the RS-10, Single-Family Detached Residential zone. The Zoning Code requires a rear setback of 35’; if approved, the screened porch will have a 21.5’ setback from the property line for a width of 13’. Application filed by Susan and Bruce Olson, property owners. Ms. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West presented the Board of Zoning Appeals with a PowerPoint presentation detailing the existing deck and the proposed changes. She noted that a variance was granted in 1997 for the existing deck. Ms. West stated that the reason the proposed structure requires a variance is because it is going to have a roof. Any structure with a roof has to meet the rear setback. In this case, the roof portion of the deck would have to meet the thirty-five (35) foot rear setback. The applicants cannot meet the thirty-five (35) foot setback and are requesting the variance to encroach into the rear. Ms. West noted that the applicants would like to take advantage of the new outdoor living coverage that will allow them to have up to four hundred (400) square feet of screened and covered deck that exceeds the lot coverage. Mr. Dowler asked what was the revision to the outdoor living ordinance. Ms. West stated that Town Council approved a modification to the code last year, allowing an additional four hundred (400) square feet of covered deck. Mr. Lowther asked if the applicant had submitted plans to which Ms. West responded that the applicants would have to submit architectural drawings showing that the proposed structure meets the criteria of a deck before receiving a building permit. Susan Olson & Bruce Olson – Owners of 309 Moorefield Rd SW – were sworn to speak. Mrs. Olson explained their hardship. She stated that they were the original homeowners. They have lived in their home for twenty-six (26) years. They had been hoping to build a screen porch for many years but were at maximum lot coverage. The current deck is old and starting to fall apart. They would like to take advantage of the new outdoor living ordinance and have an outdoor space attached to their home. Mrs. Olson explained that the house is right along the BRL line, so they have no option other than to encroach into the rear setback. They’re hoping to keep the same footprint for the covered porch (it would be a little bit smaller), shift the stairs over and move the other part of the open deck to compliance with the regulations that passed fifteen (15) years after they received their first variance in ninety-ninety seven (1997). Mr. Creed asked for clarification on what would be demoed. The applicant explained the contractor’s suggestion. There was a brief discussion on the submitted supporting letters from three neighbors (lot 25, lot 23, and lot 3). Mrs. Olson noted that lot 23 and lot 25 have screen porches, but they’re zoned for Fairfax County. Mrs. Olson addressed the importance of the variance and stated that they would love to age in their home and do not want to move. Mr. Gadell asked if a variance wouldn’t be needed to replace the current deck since one was already granted before for the existing deck size. Ms. West responded that the applicants could rebuild the deck in perpetuity with the existing. Town of Vienna Page 2 Printed on 7/20/2023 Board of Zoning Appeals Meeting Minutes May 17, 2023 Mr. Creed made a motion to close the public hearing, and Mr. Lowther seconded the motion. Mr. Dowler made a motion to grant the application filed by Susan and Bruce Olson for a variance from section 18-33 of the town code to build a screen porch beyond the backyard setback on the property located at 309 Moorefield Rd. Motion: Mr. Dowler Second: Mr. Creed The board discussed the motion and stated the reasons they are in support of the variance. Mr. Dowler stated that the combination of the odd shape lot, the drainage easement along the side, and the fact that the house was originally built on the 35-foot setback qualifies as an unreasonable restriction use of the property, and the applicant’s solution is a reasonable request. Mr. Creed agreed with Mr. Dowler’s reason for supporting the variance. He added that the applicant’s solution of reducing the size of the deck out into the setback and widening it closer to the house is a very reasonable accommodation. Mr. Dowler made a motion to close the discussion, and Mr. Lowther seconded the motion. Motion: Mr. Dowler Seconded: Mr. Creed Ayes: 5 Nays: 0 Absent: Mr. Nash and Mr. Petersen Motion Carried 5-0 Regular Business: Approval of the Minutes Mr. Creed made a motion to accept the March 15, 2023, meeting minutes into the record as submitted, and Mr. Gadell seconded the motion. The board discussed the following: • Role of the Board of Architectural Review on the Conditional Use Permit (CUP) process. • Future meeting with the Town attorney. Meeting Adjournment Mr. Gadell made a motion to adjourn, and Mr. Lowther seconded the motion. The meeting adjourned at 8:07 pm. Respectfully submitted, Yaska Camacho Castillo Board Clerk Town of Vienna Page 3 Printed on 7/20/2023 Board of Zoning Appeals Meeting Minutes May 17, 2023 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 7/20/2023 Board of Zoning Appeals Meeting Minutes May 17, 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 5 Printed on 7/20/2023