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, October 18, 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, October 18, 2023, at 7:30 p.m. Chair Mr. Dhanjal called the meeting to order at 7:30 p.m. Roll Call: Mr. Lowther, Mr. Petersen, Mr. Dowler, Mr. Creed, Mr. Gadell and Mr. Nash Members Absent: Mr. Dhanjal Staff present: Planning & Zoning Director David Levy and Board Clerk Yaska Camacho Castillo. Public Hearing: Town of Vienna Page 1 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 2023 BZA-23094 Request for approval of a variance from Sec. 18-33. - Area requirements. F., Lot Coverage., of the Town of Vienna Zoning Code, to construct an addition to an existing single-family dwelling located at 826 Glyndon Street SE, in the RS-10, Single-Family Detached Residential zone. The Zoning Code requires that lot coverage in the Single-Family Residential zoning districts not exceed 25% of the total lot size. If the variance is approved, the property will be approved to have a lot of coverage of 29.05%. Application filed by Hossain Kamyab, the property owner. Mr. David Levy – Director – 127 Center St South Vienna, VA – was sworn in to speak. The board was presented with a PowerPoint presentation that included the property’s background, the property's zoning, the existing & proposed conditions, and the lot coverage for the property. Mr. Levy stated that the proposed project consists of a two-story addition and two garages, making the total sq ft 3,281 and a lot coverage of 29. 05%. After concluding the staff’s presentation, the applicant and architect testified. Applicants present: Hossain Kamyab, the property owner & Scott Sterl, the architect. Both applicants were sworn in. Mr. Sterl stated that the easement on the left side of the property provides access to the adjacent property. The easement is 8.7% of the lot coverage, which they have no control over. If the easement were not there, it would be easier to access the proposed garage and the additions since the lot coverage would be under the 25% as required by the Town. Mr. Kamyab concurred with Mr. Sterl’s statement. He added that the variance request is due to the easement taking a chunk of the property’s lot coverage, which puts the property at a disadvantage for any additions. He noted that there is no street parking for the property. With the proposed project, the property would be more useful and will have three parking spaces as required by the town’s code. Mr. Dowler asked the owner if he had anything to do with the maintenance of the easement. Mr. Kamyab stated that he was unaware of any covenant that imposes maintenance on him. He noted that he currently does not use the easement because there is no off-street parking that comes with the property. The easement only serves access to the two properties on the rear of 826 Glyndon St SE. Mr. Creed asked if the town does any work/ maintenance on the easement (Glyndon Lane). Mr. Kamyab said the town is not responsible since the easement is a private road. Mr. Creed asked the applicants if they had evaluated the possibility of building differently for more space and less lot coverage usage. Mr. Kamyab explained that they are trying to utilize as much of the existing building as possible. For example, the proposed garage is currently a room. They’re trying to use the easement as an Asheville driveway branching off to gain access to the proposed garage. Due to the additions, He said they would need to provide three parking spaces. One parking space would be the proposed garage, the second parking space would be on the driveway, and the third parking space would be on the concrete pad to the rear of the garage. Mr. Creed asked if placing the garage where it used to be located three years ago was an option. The applicant responded that if the garage were constructed where it was before, it would require a path to drive to it, requiring more lot coverage than they currently seek. He feels the proposed design is the most efficient solution to make the house more desirable and comply with the parking requirements. Mr. Lowther asked Mr. Levy if the town had any concerns about the application setting a precedent for other situations with lot coverage involving an easement. Mr. Levy stated he Town of Vienna Page 2 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 2023 was unsure if any other property in the town had a similar situation. A potential precedent can be set in the future that an easement that does not benefit the property in question would have the precedent to request additional lot coverage based on the easement being there. Mr. Nash stated that he believed this was an unusual situation. Mr. Lowther asked for public testimony, if any: Mr. Lito Abundo, the owner of 830 Glyndon St SE, was sworn in. Mr. Lito testified against the variance request. He was concerned that the applicant would build out and get closer to his property and invade his privacy. There was a discussion on his property location in terms of the easement. Mr. Lito stated that he has no problem with the easement (Glyndon Ln) since it has no connection to his property (lot 224A). He compared the proposed driveway to the previous one running through his lot before it was removed. He believes if the variance is granted, they will compound the problem. Mr. Werner Knapp, the owner of 813 Glyndon St SE, was sworn in. Mr. Knapp testified in support of the variance request. He stated that he initially was opposed to the variance, but after hearing the applicant's testimony, the proposed additions made sense. It would allow the applicant to use his property better, and hopefully, it will help prevent people from using the site as a dumping ground. He believes the additions will add value to the neighborhood. Mr. Kamyab addressed Mr. Lito’s concern about building closer to his property. He noted that all the zoning requirements, such as the setbacks, have been adhered to with their proposal. He clarified that the variance is not for setbacks. Mr. Nash made a motion to close the public hearing, and Mr. Gadell seconded the motion. The motion was carried. Mr. Dowler made a motion to grant the request for a variance from Sec 18-33. - Area requirements. F., Lot Coverage., of the Town of Vienna Zoning Code, to construct an addition to an existing single-family dwelling and excess the maximum lot coverage on property 826 Glyndon Street SE, in the RS-10, Single-Family Detached Residential zone. Motion: Mr. Dowler Second: Mr. Nash The board discussed the motion and stated the following: Mr. Dowler said the problem was created by the easement across the applicant's property that only benefits the two lots that did not have access to the street, yet the applicant’s property has the burden of approximately 9% lot coverage, which he can’t use. The variance request for the additions is reasonable, which the applicant could do as a matter of right if he had the additional 9% being used by the easement. Mr. Creed stated he was not in support of the motion. He feels that the applicants did not evaluate other options to improve the size of the house. Mr. Gadell voiced his concerns about the possibility of having lot 224A requesting a variance due to the irregular shape this project would create next to it. Mr. Petersen stated he was sympathetic to the applicant but agreed with Mr. Creed’s statement. The option presented by the applicants may not be the only solution. Town of Vienna Page 3 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 2023 Mr. Dowler commented that what the applicants have configured is entirely within what would be allowed if the 9% lot coverage used by the easement was theirs to use. This qualifies as an unreasonable restriction. Mr. Lowther concurred with Mr. Dowler’s statement and noted that the granting of the variance would not cause a substantial detriment to any other property. In fact, there has been testimony supporting the variance request. Mr. Petersen stated that he was persuaded by the arguments in favor of granting the variance and would support Mr. Dowler’s motion. The board granted the variance for the following reasons: • The problem is created by the easement that goes across the applicant's property to benefit the two lots behind that did not have access to the street without benefit to the applicant. • The applicant's property has a burden of approximately 9% lot coverage that can not be used because of the easement. • The easement is private with a court order. The applicant did not create the easement. • If the applicant had the additional 9% lot coverage, he would be able to do anything he wanted as a matter of right. • Unreasonable restrictions on the use of the property. • The granting of the variance will not be detrimental to the near properties. • The proposed project will be an improvement to the neighborhood. Motion: Mr. Dowler Second: Mr. Nash Ayes: Mr. Petersen, Mr. Dowler, Mr. Gadell, Mr. Nash, Mr. Lowther Nays: Mr. Creed Motion Carried 5-1 Mr. Creed voted against the variance because he felt that the applicants did not explore alternative solutions to improve the size/use of the house. Regular Business: Approval of the Minutes The July 19, 2023, meeting minutes were accepted into the record as submitted. Meeting Adjournment The meeting adjourned at 8:24 p.m. Respectfully submitted, Yaska Camacho Castillo Board Clerk Town of Vienna Page 4 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 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 5 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 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 6 Printed on 1/22/2024 Board of Zoning Appeals Meeting Minutes October 18, 2023 Note Note vie Town of Vienna Page 7 Printed on 1/22/2024