Loudoun County Board of Zoning Appeals Public Hearing - September 26, 2024
Loudoun County Board of Zoning Appeals Public Hearing - September 26, 2024
The Board of Zoning Appeals met on September 26, 2024, at 6:00 PM in the Board Room of the Loudoun County Government Center. The agenda included three public hearing items: a deferral request for an appeal, a special exception for an error in structure location (swimming pool), and a crossroads sign plan. The Board deferred the appeal, approved the special exception, and denied the sign plan. Administrative items included a report on a resolution of appreciation for a former member and discussion of future processes for sign plan applications.
Preliminary Matters – Deferral of Appeal APPL-2024-0001
- The appellant, Mohan Sunkara, requested a 60-day extension to obtain legal representation, stating he was unprepared for the hearing. Staff had no objection. The Board voted to defer the appeal to a date certain of November 21, 2024, with the understanding that supplemental materials would be due under standard rules. The motion carried unanimously.
Discussion Items
BOZA-2024-0001 – Special Exception for Error in Structure Location (Swimming Pool)
- Applicant Joseph Mason requested approval for an existing in-ground swimming pool located 0.14 feet (about 1.5 inches) from the rear property line, where a minimum five-foot setback is required for non-habitable accessory structures. The applicant stated that the pool was built by a licensed contractor who later abandoned the project, and that the county had issued permits and conducted inspections. The Board found that the applicant acted in good faith and that the pool posed no safety hazards. The Board approved the special exception based on findings A through F in Section 101104D of the Zoning Ordinance, with the condition that the approval applies only to the pool water area and not to other structures. The motion carried unanimously.
LEGI-2024-0007 – Crossroads Sign Plan (ZMOD-2024-0003)
- The applicant proposed a sign development plan to replace existing mismatched signs with nine cohesive signs, increasing total sign area from 12.2 square feet to 96.12 square feet. Three signs (Signs 1, 2, and 3) would exceed by-right size limits: Sign 1 doubling from 15 to 30 sq ft, Signs 2 and 3 increasing from 10 sq ft to 24 sq ft and 20.8 sq ft respectively, with heights increasing from 5 to 6 feet. Staff recommended approval with conditions (e.g., lighting restrictions, no digital signage, landscaping maintenance). The applicant argued that the proposed signs were smaller than existing ones and would create uniformity. Board members expressed concern about the magnitude of size increases and lack of justification for why larger signs were needed. The motion to approve failed with three votes in opposition (Mr. Walker, Mr. Kenaiko, and the Chair? Actually the Chair voted in favor, but the transcript shows the Chair said "Aye" and then "All opposed? I'm opposed. I opposed. Mr. Walker is opposed. Mr. Kenaiko is opposed." So three opposed, one in favor – motion failed. The Board then determined the application was denied without further motion.
Administrative Items
- The Zoning Administrator reported that the Board of Supervisors will issue a resolution of appreciation for former member Mr. Moffat at its business meeting on November 7, 2024, starting at 4:00 PM.
- The Board discussed scheduling a business meeting in October (no cases scheduled) to review the new zoning ordinance and develop criteria for evaluating sign plan applications. Members noted the need for clearer justification from applicants, such as scale comparisons and necessity for larger signs. The possibility of establishing a process for continuances to allow applicants to address concerns was raised, but no action was taken pending further discussion with staff and the county attorney.
Key Outcomes
- Deferred: Appeal APPL-2024-0001 deferred to November 21, 2024.
- Approved: Special Exception BOZA-2024-0001 for the swimming pool setback error (unanimous).
- Denied: Sign Plan LEGI-2024-0007 (motion failed 1-3; application denied).
- Next Steps: Board to consider scheduling a work session in October to discuss sign plan criteria and receive training on the new zoning ordinance.
Meeting Transcript
All right. Good evening, everyone. Um, the Loudoun County Board of Zoning Appeals is now in session. Before we begin, I'll ask everyone to turn off your cell phones. They interrupt our proceedings. And we have three of our regular members and one alternate here present tonight. We are a quasi judicial body, we are an arm of the court. We meet normally on the fourth Thursday of each month, unless it's November or December. After each appeal has been duly advertised in a local publication for two consecutive weeks after each property has been duly posted and after all adjacent landowners have been notified by certified mail. It takes three affirmative votes from this board for a matter to pass. If you wish to speak, please sign a piece of paper with our secretary, Stephanie Capps. She's raising her hand. I'm pointing to her right over there so that your name can be called in proper time. For each appeal, we will hear from staff first and then the applicant or their attorney who will have 10 minutes. Other speakers will have three minutes. Before we begin, um why don't we have everyone who is going to speak at all of our hearings stand and raise your right hands? We'll swear on everybody on banks, so to speak. Do you solemnly swear that testimony will give before this board be the truth, the whole truth, and nothing but the truth? So help you guide. Thank you. Um my agenda indicates that the first item is any preliminary matters. Are there any preliminary matters? Uh good evening, uh Chair. My name is Hugh Green with um of Loudon County Attorney. There's one preliminary matter uh on the appeal tonight that uh we'd like you to uh determine it has to do with uh the the applicant looking for some more time. Um if you could Which appeal is that that's uh appeal 2024 0001 appeal of Z Cor 2024 0271 and the appellant hang on just a minute sure it's a number three it's C on the public hearings items okay O271. This is um the applicant is Mohan Sunkara Yes. Yes, Paul? Defense case. Yes, yes, defense case. So okay, I could is it okay if we ask Mr. Sankara to step up so he can ask for more time and and how you want to determine that, whether you want to hear it tonight or I just thought we'd do that at the outset because I do know we have some witnesses that from you know staff folks that could also go. So is that all right if you just call that and make it? anybody object? No. Thank you for the suggestion. All right, let's go up to the um what is the issue and who wishes to get chance to miss it order to speak? Sir, you're Mr. Zukara? Yes. Uh thank you. Then let's get you sworn in. For those of you who just came in, would you please stand and raise your right hands? Who are the other two? Do you solemnly swear that any testimony you will give before this board be the truth, the whole truth, and nothing but the truth, so hope you got? Yes. Good. Thanks. Thank you. Mr.
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