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, February 21, 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, February 21, 2024, at 7:30 pm. Chair Mr. Dhanjal called the meeting to order at 7:30 pm. Roll Call: Mr. Petersen Mr. Dowler, Mr. Creed, Mr. Gadell, and Mr. Dhanjal were present. Absent Members: Mr. Nash and Mr. Lowther. Staff present: Zoning Administrator Andrea West and Board Clerk Yaska Camacho Castillo. Public Hearing: Town of Vienna Page 1 Printed on 6/13/2024 Board of Zoning Appeals Meeting Minutes February 21, 2024 BZA-24096 Request for approval of a variance from Section 18-218 Residential - Single-Unit, 12,500 sq. ft. Zone(RS-12.5), Front Yard Setback and Rear Yard Setback, of the Town of Vienna Zoning Code, to construct a garage addition encroaching 4’-8 ¼” in the required 30’ front yard for a setback of 25’-3 ¾”, and a kitchen addition extending 4’-4.5” into the required 35’ rear yard for a setback of 30’-7.5”, to an existing single-family dwelling located at 204 Owaissa Ct SE, in the RS-12.5, Single-Family Detached Residential zone. Filed by Kevin Wrabley, of Heltzel Architects, on behalf of Lauren & Trevor Begley, property owners. Ms. Andrea West – Zoning Administrator – 127 Center St South Vienna, VA – was sworn in to speak. Ms. West presented a brief overview of the property's background, the property’s zoning, the existing conditions, the proposed conditions, and the setbacks. The front yard setback for this lot is 30 ft. minimum from the front property line and the rear yard setback is 35 ft minimum. The request is for approval for a front yard and rear yard encroachment. The proposed first floor of the two-story addition will encroach 4’-8 ¼” in the required 30’ from the yard for a setback of 25’-3 ¾” and the proposed kitchen extension in the rear of the home will encroach 4’-4.5” into the required 35’ rear yard for a setback of 30’-7.5”. Applicant present: Kevin Wrabley The applicant Mr. Wrabley was sworn in. He stated that the motive for the project was to provide space for Mrs. Begley’s mother to move in with the family. The new space is intended to provide the parents with privacy and access to the main house. They propose to rebuild the garage with additional living space above to achieve this space. Additionally, they would like to include a porch on the side and add a small extension of the existing kitchen to the rear to provide additional space for family gatherings. Public Comment: Resident Matthew Di Fiore - address 207 Owaissa CT SE was sworn in. He was in favor of the variance. He stated he appreciated the neighbor's attempt to make the house more usable for them and their family while staying within the town’s 25% lot coverage limit. Mr. Gadell made a motion to close the public hearing to which Mr. Dowler seconded the motion and the motion carried. Mr. Dowler made a motion to approve the request for a variance from section 18-218 as it applies to the front yard and rear yard setbacks to build in addition to 204 Owaissa Ct SE pursuant to the plans and documents presented to the Board of Zoning Appeals be granted. Motion: Mr. Dowler Second: Mr. Gadell The board discussed the motion and concluded that the lot's weird shape affects the envelope in which to build a house. Additionally, the lot size is a burden that is not shared by others in that area. The applicants were commended for trying to stay within the building envelope as much as possible. Motion: Mr. Dowler Second: Mr. Gadell Motion Carried 5-0 Town of Vienna Page 2 Printed on 6/13/2024 Board of Zoning Appeals Meeting Minutes February 21, 2024 Absent: 2 The Board granted the variance for the following reasons: • The weird shape of the lot affects the envelope in which to build the house creating an unreasonable restriction on the use of the property and a hardship. • The applicants were conscious of staying under the 25% lot coverage. Regular Business: Approval of the January, 17, 2024 meeting minutes. The January 17, 2024 meeting minutes were accepted into the record with amendments with a roll call vote of 3-0. Mr. Dhanjal and Mr. Dowler abstained since they were not present during the January 17, 2024 meeting. Comment from staff: Ms. West informed the board of the Pancakes with Commissioner event that the Planning and Zoning Deputy Director put together to review the potential updates to the Comprehensive Master Plan which sets the long-term vision for the town. She encouraged the board members to attend and spread the word. Comment from the Chair: Mr. Dhanjal noted that this will be Mr. Dowlers last meeting. Mr. Dowler stated he decided not to renew his appointment and expressed his joy in working with the Board of Zoning Appeals throughout the years. Meeting Adjournment The meeting adjourned at 8:05 p.m. 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 3 Printed on 6/13/2024 Board of Zoning Appeals Meeting Minutes February 21, 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 4 Printed on 6/13/2024