Loudoun County Board of Zoning Appeals Public Hearing – November 25, 2024

The Loudoun County Board of Zoning Appeals (BZA) met on November 25, 2024, for a public hearing. The board considered two agenda items: an appeal of a zoning determination (APPL-2024-0001) and a variance request for lot coverage (BOZA-2024-0003). The board dismissed the appeal on procedural grounds and approved the variance with conditions.

Note: The agenda and transcript list the meeting date as November 21, 2024; however, the provided date is November 25, 2024. This summary uses the provided date.

Preliminary Matters

• The board addressed a request from the applicant in APPL-2024-0001 (Mr. Sankara) for a continuance due to illness. After discussion, the board voted unanimously to deny the continuance.
• The board then heard a motion to dismiss the appeal on the grounds that the underlying notice of violation (issued January 25, 2023) was not appealed within 30 days, making the subsequent zoning determination letter a "thing decided." The motion passed unanimously, and the appeal was dismissed without reaching the merits.

Public Hearing – APPL-2024-0001

• The board opened the public hearing for the appeal. No applicant or representative appeared. The board heard no public testimony and closed the public hearing.
• A motion was made to deny the appeal based on the failure to appeal the original notice of violation within the statutory 30-day period. The motion carried unanimously.

Public Hearing – BOZA-2024-0003 (Farren Addition)

• Staff presented a variance request from Linda Farren to increase residential lot coverage from 10% to 23.29% on a 0.29-acre parcel in the AR2 zoning district to allow construction of a bay window, entry porch, covered porch, and carport. Existing structures already cover 17.6%, exceeding the 10% limit.
• The applicant, Linda Farren, testified that she purchased the property in 2023 and wished to add the improvements to her historic stone house. She stated she had notified neighbors and received support.
• Public comment: Jennifer Don, president of the Unison Preservation Society, expressed concern about the historic character of the Unison village, noting ongoing efforts to establish a county-level historic district and village designation. She asked the board to consider conditions to ensure the additions respect historic character, but did not specify concrete conditions.

Discussion & Key Outcomes – BOZA-2024-0003

• Board members discussed the appropriateness of imposing conditions based on speculative future historic designations. The majority concluded that no formal historic district application was pending and that the applicant had shown willingness to work with neighbors.
• A motion was made to approve the variance as requested, based on the findings in the staff report (Section 6, A-F). The motion was seconded and passed unanimously.
• The board noted that the variance is limited to the specific plans shown in the application and that future historic district efforts would not affect this approval.

Administrative Items

• Assistant County Attorney Hugh Green reported that two group home cases remain pending before the appellate court, with arguments heard on August 20, 2024. Other appealed matters are stayed pending those decisions and have not been assigned to a judge.
• The Zoning Administrator reported no cases for the December meeting, but noted a holiday party and business meeting scheduled.

Adjournment

• The meeting was adjourned following a motion.