Loudoun County Board of Zoning Appeals Meeting - June 26, 2025
Loudoun County Board of Zoning Appeals Meeting - June 26, 2025
The Loudoun County Board of Zoning Appeals (BZA) convened on June 26, 2025, at 11:00 AM to hear Appeal 2023-0001, concerning a notice of violation (NOV) issued on February 1, 2023, for the illegal establishment of outdoor storage of vehicles at 16980 Hillsborough Road, Purcellville, Virginia. The board heard extensive public testimony, deliberated, and ultimately voted to uphold the NOV and deny the appeal.
Public Comments & Testimony
- Jonathan Hinkle (complainant): Argued that the property has been used as a trailer park, not agriculture, and that the owners never sought proper rezoning. He expressed concern about potential groundwater contamination from leaking fuel and oil.
- Tony Buffington (former Loudoun County Supervisor): Spoke in favor of the Fields family, citing the need for vehicle storage in the area and the property's suitability due to its location near the future 690 interchange. He noted that county staff and supervisors had visited the property over the years without raising issues.
- Connie Fields (mother of appellants): Asserted that the property is in compliance with JMAL3 zoning (joint land management area) as described on the county website, and asked the board not to shut down the family business.
- David Parker (real estate investment banker): Stated he is working with the Fields family on potential redevelopment of the property, viewing the current use as a temporary step toward a higher and better use.
- Susan Payne (customer): Highlighted that closing the storage would reduce personal property tax revenue and local business spending in Purcellville, and that many customers would move to West Virginia or Prince William County.
- Harry Gillam (customer and former employee): Refuted claims that the storage had been operating for 20 years, stating he was the first renter in the late 1990s. He estimated roughly 200 renters, including 15 small businesses, and argued that the service is difficult to replace due to high land costs.
- Additional speakers (including Kevin Bath, Joseph Easton, Arkirick Tour, Daniel Fling, Mohammed Khan, and others): All expressed strong support for the Fields family, emphasizing the lack of affordable alternatives, the impact on personal property taxes, and the importance of the storage for small businesses and recreational vehicle owners.
Discussion Items
- Staff Presentation (Amanda Johnson, Assistant Enforcement Program Manager, and Hugh Green, Senior Assistant County Attorney): Explained the background of the NOV, the deferral granted to allow abatement, and the lack of substantial progress. Attorney Green argued that the BZA lacks authority to consider equitable defenses like laches or constitutional claims, and that the zoning administrator correctly interpreted the ordinance.
- Appellant's Presentation (Mark Nealis, attorney for Trevor and Tanya Fields): Argued that the property has been used for vehicle storage for over 20 years with county knowledge (e.g., grading permits, business license). He raised defenses of laches and equal protection, and questioned the enforcement timing. Trevor and Tanya Fields testified that the storage is a continuation of the family farm, providing affordable space for the community. They requested grandfathering or rezoning.
- Board Deliberation: Members acknowledged the powerful testimony and the genuine need for storage, but repeatedly stated that as a quasi-judicial body, they could only rule on whether the NOV was correct under the existing zoning ordinance. They could not grant equitable relief or rezone the property. The motion to uphold the NOV was made, amended to remove a statement about the appellant admitting illegality, and seconded.
Key Outcomes
- Vote: The board voted 3-0 to uphold the notice of violation and deny Appeal 2023-0001. The motion was carried by the affirmative votes of three members present (Mr. Gray, Mr. Walker, Mr. Kramer; Chair Nan Forbes also voted but did not indicate a dissenting vote).
- Findings: The board found that the property was in violation of Sections 1-103 and 1-203 of the revised 1993 zoning ordinance for the unauthorized outdoor storage of vehicles in the JLMA3 district. No permissible uses were proven.
- Next Steps: The board encouraged staff to bring the issue to the Board of Supervisors for potential zoning code amendments. The zoning administrator noted that a new variance application would be needed for a previously approved but incorrectly located structure, and a potential August meeting was discussed for training on the new zoning ordinance.
Additional Notes
- The board received 10 emails in support of the appellants on the day of the meeting, which were noted but not formally considered as they arrived after the deadline.
- The meeting concluded with a motion to adjourn, which passed unanimously.
Meeting Transcript
Okay, I think it's a little bit more. It might for the audio to be for them to be at a microphone. Yeah. Or at one of the podiums. Okay, well, the clock ahead of me has just struck the hour. So the Loudoun County Board of Zoning Appeals is now in session. Before we begin, I'm going to ask everyone to check their phones to make sure that they're off or in some sort of silent mode. If they're not, they disrupt our proceeding and they're really hard on our sound system. So this board is composed of five members and two alternates present this evening are Mr. Gray, Mr. Walker, Mr. Canonico, Mr. Kramer, and I am Nan Forbes. We are a quasi judicial body and an arm of the court. We meet on the fourth Thursday of each month 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 owners have been notified by certified mail. It takes three affirmative votes from this board for a matter to pass. If you wish to speak, you need to fill out one of these pink slips. Many of you have done that, but anyone else who wishes to speak, if you could go to Stephanie Capps, our secretary, hand is raised over here and fill out a pink slip, then you will be able to speak. Staff will have ten minutes, then the applicant or the applicant's attorney, who will have ten minutes, all other speakers will have three minutes. No, ma'am. No. All right. So our first public hearing item is appeal twenty twenty-three dash zero zero zero one. And who will be handling this? Ah. And you'll you'll be setting a precedent for everyone else who speaks. If you could state your name and then proceed. Thank you. Yes, madam chair. All right. Good evening, members of the Board of Zoning Appeals and members of the public. My name is Amanda Johnson, the assistant enforcement program manager for the Department of Planning and Zoning. And I, along with Mr. Hugh Green, Senior Assistant County Attorney, will be presenting appeal 2023-3001. Appeal of notice is a violation dated February 1st, 2023 for 16980 Hillsborough Road in Pursaville, Virginia. The subject property is comprised of two parcels identified as PIN 487-35-5657 and 522-39-9005, consisting of a combined 29.63 acres and is zoned joint land management area three. The appellants in this matter are Mr. Trevor Fields and Ms. Tanya Fields, both of whom are the beneficiaries of the estate of Mr. H. Ralph Fields Jr. They are represented by their attorney, Mr. Mark C. Nealis. The background information regarding this matter in relation to zoning enforcement staff's actions and the notices of violation can be found on page three of the staff report as well as on the screen. This matter began in July of 2022 when zoning enforcement staff received a complaint concerning the alleged unpermitted outdoor storage of vehicles on the subject property. In response, zoning enforcement staff conducted multiple inspections between July 2022 and February 2023. Based upon said inspection findings, staff confirmed an outdoor storage vehicles use had been illegally established on the subject property. Such vehicles included numerous commercial vehicles and major recreational equipment, such as RVs and boats. As a result of the confirmed violation on February 1st, 2023, zoning enforcement staff issued notices of violation to the property owners for violation of Section 1 TAC 203 of the revised 1993 zoning ordinance for the illegal establishment of the unspecified use of outdoor storage vehicles in the JLMA3 zoning district on the subject property.
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