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, January 17, 2024 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South 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, January 17, 2024, at 7:30 pm. Vice Chair Mr. Lowther called the meeting to order at 7:30 pm. Roll Call: Mr. Petersen, Mr. Creed, Mr. Gadell, Mr. Nash, and Mr. Lowther were present. Absent Members: Mr. Dhanjal and Mr. Dowler. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Public Hearings: Town of Vienna Page 1 Printed on 2/29/2024 Board of Zoning Appeals Meeting Minutes January 17, 2024 BZA-24095 Request for approval of a variance from Sec. 18-24. - Area requirements., E., Rear yard., of the Town of Vienna Zoning Code, to convert an existing carport to an enclosed garage attached to an existing non-conforming single-family dwelling located at 1001 Pruitt Court SW, in the RS-12.5, Single-Family Detached Residential zone. The Zoning Code requires that all structures in the Single-Family Residential zoning districts maintain a setback of 35’ from the rear property line. If the variance is approved, the proposed garage will retain the existing non-conforming setback of 28’ from the rear property line. Ms. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West stated that the property was constructed in a non-conforming manner per the 1965-1966 zoning ordinance. She explained that when you have the front of a lot, the directly parallel lot line behind it will be the rear. The 1965-1966 zoning determined that the front of the lot for this property was on Pruitt Court. The request to convert the carport into a garage as it encroaches into the rear yard setback requires a variance. Ms. West noted that the application was submitted before January 1, 2024, which falls under the prior code. Therefore, this would be the last time the board would see these specific references to the prior code. Following this statement, the Board was presented with a PowerPoint presentation that included the property’s background, the property's zoning, and the existing and proposed conditions for the property. It was questioned if the use was being increased to which Ms. West said that by approving the variance they would be expanding the non-conformity, not the use. The open structure would become an enclosed structure. Mr. Lowther asked Ms. West if she believed the 1965 non-conformity was relevant to the board’s decision. Ms. West replied that she hoped to have presented some facts to help the board with their discussion. Furthermore, she noted that even if you have a house where the non-conformity is created by the code changing, it would still need to come back to the board for a variance because the code that is in effect at the time the application is submitted is the code they need to go by. Mr. Creed asked to have the setback diagram (slide #10 of the PowerPoint presentation) to be entered into the record. After the conclusion of Ms. West's presentation and a few additional questions to staff, the Board heard testimony from the applicants. The property owner, Jeff Newell, the contractor, Bradley Newell, and Mr. Cameron Brent were sworn in to speak. Mr. Jeff Newell stated that the concept is to improve the property. The proposed scope of work is a small change to the overall building. The footprint will not be changing. The only changes would be increasing the rear wall and adding a garage door. The applicant believes that this change would be helpful for the neighborhood and the property values surrounding it. Mr. Creed asked the owner if the improvement on the property was for personal use or if it was for investment purposes. The applicant replied that his plans for it to be an investment property. Mr. Lowther asked if the existing carport was being demolished to put up a garage or if he was adding the wall to the carport to which the applicant stated that he was only adding the wall and the garage door. Mr. Nash asked Ms. West how the determination of non-conforming was made. Ms. West Town of Vienna Page 2 Printed on 2/29/2024 Board of Zoning Appeals Meeting Minutes January 17, 2024 explained that when staff receive an application they review the setbacks which helps determine when a property is non-conforming. Mr. Nash wondered who decided where the front of the house would be placed. If the short side is considered the front per code, and the house gets reoriented then the applicants are good to go. Ms. West added that they also have the architectural frontage definition in the code that requires the architectural frontage of the house to face the front of the lot. Moreover, she described the scope of the work as constructing two walls on either side of the garage. Making the open space an enclosed space increases the intensity of the structure. Mr. Nash disagreed with Ms. West’s statement. He stated that the meaning of “expansion” is probably not being used properly in this case. The applicants are not asking to turn the open structure into an in-law suite, the use will remain the same which is to park vehicles and noted the footprint is not changing. Mr. Creed stated that although there is nothing in writing at some point there was some approval. Ms. West replied that even if there was supporting documentation it was an approval for what was in front of the board back then which was an open carport. Closing the carport into a garage is what requires the variance. Mr. Gadell made a motion to close the public hearing and Mr. Nash seconded the motion. The motion was carried. 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 convert an existing carport to an enclosed garage attached to an existing non-conforming single-family dwelling located at 1001 Pruitt Court SW, in the RS-12.5, Single-Family Detached Residential zone. Motion: Mr. Creed Second: Mr. Nash The board discussed the motion and commented the following: Mr. Creed supports the variance because the footprint of the house exists, and the footprint of the carport is not changing. Mr. Nash stated that the change of the orientation so that it’s nonconforming creates hardship which might have already been decided although there is no record of it. Mr. Petersen noted that the proposed design would fit with the general tenor of the neighborhood. Mr. Nash added that the back wall is only being increased. There’s already a knee wall in place. The use is not changing. The space would continue to be used to park vehicles. Mr. Lowther stated the hardship was not created by the applicant. The Board granted the variance for the following reasons: • The footprint of the house and carport is already existing. The carport itself is not changing. The only changes would be increasing the existing back wall and adding a garage door. • The proposed design would fit with the general tenor of the neighborhood. • There's no expansion to the footprint. • The use of the space is not changing. Town of Vienna Page 3 Printed on 2/29/2024 Board of Zoning Appeals Meeting Minutes January 17, 2024 • The current owner did not create hardship. Motion: Mr. Creed Second: Mr. Nash Vote: 5-0 Absent: Mr. Dhanjal and Mr. Dowler. Motion Carried Regular Business: Approval of the Minutes The October 18, 2023, meeting minutes were accepted into the record as submitted. Election of officers Before the election of officers, the clerk to the board noted that Mr. Dhanjal informed her via email that he was not opposed to being reelected as Chair. Mr. Creed stated that since COVID the board has had light agendas leading up to a few meeting cancellations. He would like to propose extending the Chair and Vice Chair terms for a second year with their concurrence since they did not have the chance to fulfill the full-year assignment due to the lack of meetings and for the following year's election, he proposes the term be changed to a two-year term similar to how the Planning Commission has operated. Mr. Creed made a motion to reelect Mr. Dhanjal as the Chair and Mr. Lowther as the Vice-Chair of the Board of Zoning Appeals for one more year. Motion: Mr. Creed Second: Mr. Nash Vote: 5-0 Absent: Mr. Dhanjal and Mr. Dowler Motion Carried Meeting Adjourment The meeting adjourned at 8:15 p.m 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. Town of Vienna Page 4 Printed on 2/29/2024 Board of Zoning Appeals Meeting Minutes January 17, 2024 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 2/29/2024