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, July 19, 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, July 19, 2023, at 7:30 p.m. Chair Mr. Dhanjal called the meeting to order at 7:30 p.m. Roll Call: Mr. Petersen, Mr. Dowler, Mr. Gadell, Mr.Creed, Mr. Nash, Mr. Dhanjal, and Mr. Lowther (who arrived late) were present. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Public Hearings: Town of Vienna Page 1 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes July 19, 2023 BZA-23093 Request for approval of a variance from Sec. 18-24. - Area requirements. E., Rear yard., of the Town of Vienna Zoning Code, to construct a screened porch on the rear of an existing single-family dwelling located at 411 Upham Place, NW, in the RS-12.5, Single-Family Detached Residential zone. The Zoning Code requires a rear setback of 35’; if approved, the screened porch will have a 19’ setback from the property line for a width of 22’. Application filed by Michael Petrusic, property owner. Ms. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West provided the board with a PowerPoint presentation that included the property’s background, the Zoning of the property, the existing conditions of the property, and the proposed structure change. Ms. West noted that the lot was created through a subdivision in 2010 called the Birdseye subdivision. The property is zoned RS-12.5. The request would reduce the rear yard setback from the required thirty-five (35) feet to a ninety (19) foot setback from the property line. She explained that the proposed structure would need a variance because the town’s zoning code does not allow any structure with a roof to encroach into the rear yard setback. Applicant present: Michael Petrusic – 411 Upham Place, NW – The Property Owner. Mr. Petrusic provided some background information about his family. They’re a military family that has lived in different states throughout the years. After arriving in Town, they quickly realized they wanted to make this dwelling their home for their children. Mr. Petrusic explained that he would like to build the screen porch so that the family could enjoy the outdoor aspects of their property and also help protect the children from the sun as much as possible since his wife's family has a history of skin cancer. The applicant described the proposed change of the structure. He said that it would be a one-story screen porch that would replace the current patio. It will not be an extension to the house. The dimensions for the existing patio are 16.4 feet by 19.7 feet, and the dimensions for the proposed screen porch would be 16 feet by 22 feet, measuring almost the same. He went over the five factors for requesting a variance and felt he met those requirements and assured that the property was acquired in good faith and that they did not create any hardship. Additionally, he provided staff with supporting letters from neighbors (lots 9A, 11A & 8C), to which Mr. Creed asked for those documents to be part of the record. There was a discussion about the screened porch meeting the town’s requirements and the outdoor living coverage. Ms. West stated that this application was being treated like any other roofed structure under the town’s zoning code. Mr. Dowler asked the applicant how the lot's shape directly affected the rear setback and the need to replace the deck with a screen porch. Mr. Petrusic explained that the placement of the lot, which he described as a triangle shape, was the only option the builders had to build a house without going into the rear or side setbacks. He said a variance would be needed even if he did a foot-wide screen porch. There was a discussion on the building envelope and how the two properties behind could build their house at the front or further back and still have plenty of room. The triangle-shaped lot makes the property distinct from the neighboring properties because although the adjacent properties have their shape, they’re not constrained in the property shape that they had to Town of Vienna Page 2 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes July 19, 2023 build their house on all setback lines. Mr. Nash stated that what makes this situation unique and differentiates itself from the other properties is that, unlike other properties where they max out the lot coverage and then ask for a variance, this lot does not maximize the available space because you can not build due to the odd shape of the property. The way the lot was carved up created hardship, which the applicant had nothing to do with. Mr. Lowther wondered if the screen porch would be lower than the main structure. Mr. Petrusic said that the screen porch would be one story. The footprint will be very similar to the existing patio. Mr. Gadell asked the applicant when he purchased the house in 2022, did the seller disclosed the setbacks or how the property was squeezed into the lot. Mr. Petrusic said no. With no further questions or comments, a motion to close the public hearing was in order. Mr. Creed made a motion to close the public hearing, and Mr. Gadell seconded the motion. All members were in favor. Mr. Dowler made a motion to deny the application filed by Michael Petrusic and Vanessa Witt for a variance from sections 18-24 of the town code to build a screen porch and open deck beyond the backyard setback on the property located at 411 Upham Place NW. Mr. Dowler’s motion was not seconded; therefore, the motion did not pass. Mr. Creed made a motion to approve the request for a variance from Sec. 18-24. - Area requirements. E., Rear yard., of the Town of Vienna Zoning Code, to construct a screened porch on the rear of an existing single-family dwelling located at 411 Upham Place, NW, in the RS-12.5, Single-Family Detached Residential zone. The Zoning Code requires a rear setback of 35’; if approved, the screened porch will have a 19’ setback from the property line for a width of 22’. Motion: Mr. Creed Second: Mr. Nash The board discussed the motion and stated the following: Mr. Dowler doesn’t believe that there’s an unreasonable restriction on land use or a hardship. The shape of the lot doesn’t have anything to do with the back setback because the rear setback is consistent with the length of the house, and it’s parallel to the house. The placement of the house using the entire envelope is not a hardship. This request seems to be an extension of the home. Mr. Creed stated that the applicants didn’t create the hardship. The town brought it up when they approved dog-shaped lots in 2010. The triangle-shaped lot has no place to build. The applicants are within their rights to ask for a variance. Mr. Nash agreed with Mr. Creeds' statement. The applicant bought the house, not being aware of the setbacks. Mr. Petrusic is coming to the board asking for relief from the hardship. He noted that this scenario is not general or recurring, so it shouldn’t cause others to do the same. Mr. Lowther favored the motion because the applicant did not create the hardship. He doesn’t see any harm to the neighborhood or the town of Vienna with the proposed Town of Vienna Page 3 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes July 19, 2023 structure changes. Mr. Petersen also favored the motion because the property has irregularities that are not generally shared by other properties in the vicinity. The shape of the lot is unique. Mr. Gadell supported the motion. He said the shape of the lot is unique, and the applicants are under the (25%) twenty-five lot coverage requirement. Motion: Mr. Creed Second: Mr. Nash Ayes: 6 Nays: 1 (Mr. Dowler) for reasons stated above. Motion Carried Regular Business: Town Attorney The Town Attorney met with the board to discuss the Board of Zoning Appeal process. Approval of the Minutes Mr. Lowther made a motion to accept the May 17, 2023, meeting minutes into the record as submitted, and Mr. Dowler seconded the motion. Motion carried. Mr. Petersen abstained as he was absent from the May 17, 2023, Board of Zoning Appeal meeting. Meeting Adjournment All board members agreed to adjourn the meeting. The meeting adjourned at 8: 56 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 1/22/2024 Board of Zoning Appeals Meeting Minutes July 19, 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 1/22/2024