OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Loudoun County Board of Zoning Appeals Public Hearing - October 23, 2025

Commissions & Advisory BoardsThursday, October 23, 2025
BodyLoudoun County, Virginia
SessionCommissions & Advisory Boards
DateThursday, October 23, 2025
StatusFILED
Video Record
0:00 / 3:10:11

Transcript — Verbatim
1:56

Good evening.

1:58

I would like to call to order the October twenty-third, twenty twenty-five Board of Zoning Appeals public hearing.

2:05

The board is composed of five members and two alternates.

2:09

Four of us are present tonight.

3:04

John Benedict and Denise Roll and a series of others that have had.

3:09

If anyone else would like to be heard and has not filled out one of these forms, please see Ms.

3:16

Kaps.

3:30

Before we begin, I would like to ask that everyone to check their cell phones and be sure that it's silenced or off so that it does not interrupt the proceedings or mess up the audio recording.

3:40

Thank you.

4:32

As of since the agenda there are uh one two three uh three matters in a housekeeping matter that would be preliminary.

4:40

And the first is there are two uh the first is the landowners have um who are represented by Mrs uh Mr Randy Minshew and Ms.

4:51

Anna Ritter uh are here.

4:54

They have submitted after the the filing of the 20-day limit.

5:00

They're asking leave to file their uh supplemental filing in support of Loudoun County uh as appellee.

5:07

And I'll let um the I'll let the property owner's attorney speak to that, but in there as well is a standing issue, a standing question.

5:16

So um I of course let uh counsel talk about that as well, but how how the court uh excuse me how the board wants to handle that.

5:24

The second is uh the second preliminary matter is that the uh the appellants uh represented by Mr.

5:32

Price submitted a uh a filing on uh October 21st, which couldn't may not have gotten your packets, but I believe uh Ms.

5:43

Caps, the BZA secretary has put it before you that's uh that uh that two is late filed.

5:48

I'm assuming um Mr.

5:50

Price would want leave to have that accepted.

5:52

I'll let Mr.

5:53

Price speak to that.

5:54

And um I can talk about the preliminary the I guess the housekeeping matter when we get to the hearing, but those are the I guess three that we are before you and I'll I'll let you talk, you know, right if you want to bring up the attorneys and let them make their case okay.

6:11

We can begin that uh well, the attorney for the initial packet.

6:17

Uh that's the uh property owner's uh attorney Mr.

6:22

Ms.

6:23

Minchu.

6:24

I would ask one thing, and just uh without my hearing aids, I am profoundly deaf.

6:30

With my hearing aids, I'm moderately profoundly deaf.

6:34

So if you can just get very close and enunciate, I would appreciate it.

6:38

Thank you.

6:39

Uh uh thank you, Chairman Gray.

6:40

My name is Randy Minshew.

6:42

I'm here together with Anna Retta Counsel for the landowner.

6:45

And Mr.

6:45

Chairman, uh my I gave my first presentation before the Board of Zoning Appeals of Loudon County in 1988, and my senior partner, Mr.

6:52

Bill Chapman, introduced me to the board at that time.

6:55

And I would like to um do the same thing tonight, introduce to this board um Anna Ritter of our firm.

7:01

This is her first appearance for the BCA, and like Mr.

7:04

Chapman did for me in 1988.

7:06

I'd like to yield the floor with your leave and introduce you to Ms.

7:09

Anna Ritter.

7:13

Thank you, Randy.

7:14

Good evening, Chair, members of the BZA.

7:17

Um so on the matter of delayed filing, um, we received notice, our clients received notice um of this hearing date on September 24th, which was a Wednesday.

7:26

Uh the 20-day filing deadline um authorized under the BZA bylaws was that Friday, so less than 48 hours.

7:34

And instead of getting something in just to get something in to meet the deadline, we uh took some time to prepare what we hope is a thoughtful filing that can contribute to the discussion here tonight.

7:45

Um we filed that on October 9th, two weeks ago.

7:48

Um so uh in order to provide all parties time to review the materials on those grounds, we'd ask leave that our filing dated October 9th would be uh accepted for consideration tonight.

7:58

Thank you.

7:59

Just to clarify.

8:00

Yeah.

8:00

When did you say that you received notice of the requirement for any supplemental materials or any materials whatsoever?

8:07

We received notice of the um scheduling for this date on the 23rd here on September 24th.

8:15

Are you sure about that?

8:16

That's when we received the attorney has received notice, yes.

8:19

Okay, because I have an email that basically indicates that that notice reserved on September 11th, I believe.

8:29

Uh I can state that the it uh the as representatives of the landowner, um, our firm did not receive that notice.

8:37

Um we received notice by email from our client on uh September 24th.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████████████47%
Legal████████████████17%
Procedural███████████11%
Zoning Ordinance████████8%
Public Engagement██████6%
Site Plan Review████4%
Transportation Safety██2%
Transportation1%
Pending Litigation1%
Summary of Proceedings

Loudoun County Board of Zoning Appeals Public Hearing - October 23, 2025

The Loudoun County Board of Zoning Appeals (BZA) convened on October 23, 2025 at 6:00 PM to hear Appeal APPL-2025-0004, challenging a temporary special event permit issued for 39483 Charles Town Pike in Hamilton, Virginia. The board addressed preliminary matters regarding late-filed submissions, debated the appellants' standing, heard public testimony, and ultimately voted to grant the appeal and reverse the permit.

Consent Calendar

  • Preliminary Matter 1: Landowner's counsel (Randy Minshew and Anna Ritter) requested leave to accept a supplemental filing submitted on October 9, 2025, which was less than 20 days before the hearing. The board voted 3-0 to accept this filing.
  • Preliminary Matter 2: Appellants' counsel (Stephen Price) requested leave to accept a filing dated October 21, 2025, containing revised permit documents from September and October 2025. The board voted 2-2 to reject this filing (motion failed due to lack of majority; members expressed concerns about insufficient time to review the materials).

Public Comments & Testimony

  • Appellants (Thomas Giddings and Stephanie Van Pries, property owners adjoining the subject property): Argued that the permit was improper, citing increased traffic over a shared easement, noise, dust, light pollution, and a loss of privacy. They noted the permit was originally signed by an unauthorized official and that the use—a baseball training facility—did not meet the definition of a "special event" under the zoning ordinance. They also claimed the permit allowed a months-long operation without proper public process.
  • Landowner/Property Owner (RD Baseball, represented by Randy Minshew, Anna Ritter, and co-owner Daniel Olds): Defended the permit as a lawful temporary measure to allow baseball instruction (a by-right use) while a minor special exception for the building’s setback was pending. They emphasized that the temporary event permit was limited in duration (90 days, later extended 90 days) and that adverse impacts were evaluated. They cited good neighbor efforts (road widening, mailbox replacement, tree planting) and denied significant traffic or noise issues.
  • Neighbors in Support (David Maloney, Kathy Lazarus, Joseph Carodi, Mitch): Reported positive experiences: RD Baseball was accommodating, improved road safety, reduced dust and noise compared to prior conditions, and contributed to the community. They disputed claims of excessive noise or traffic disruptions.
  • Neighbor in Opposition (Denise Roll, Stephen Giddings): Expressed concerns about increased traffic on a single-lane private road, headlight glare, noise from indoor training, and the intensity of use compared to the prior livery (which had a 20-vehicle limit). They argued the permit bypassed the normal application process for a minor special exception, denying neighbors a voice.
  • Public Comment (John Benedict, Western Loudoun resident): Argued the permit set a troubling precedent, allowing an intensive commercial use in a rural area without proper review. He called the permit an abuse of process.
  • Additional Public Comment (unidentified speaker): Raised issues about unpermitted parking lot construction, lack of fire marshal approval, and inability to contact county supervisors.

Discussion Items

  • Standing (Preliminary Issue): Landowner’s counsel moved to dismiss the appeal for lack of standing, arguing that the appellants had not demonstrated particularized harm distinct from the general public (e.g., traffic shared by other users of the private lane). Appellants countered that their property uniquely hosts the easement traversed by all event traffic. After debate, the board voted (3-0) to find standing, concluding that the appellants had identified a concrete injury (traffic over their property) different from that suffered by the public.
  • Merits of the Appeal:
    • Staff Presentation: Zoning Administrator Teresa Miller and Senior Planner Andy Londos presented the permit history: originally issued July 10, 2025 for a baseball training camp (classified as a "personal instruction service," a by-right use), later extended and corrected for a signature error and parking capacity (from 4 to 40 spaces, though max attendance per session is 30). Staff argued the permit complied with Sections 304E and 1004 of the zoning ordinance, which allow temporary special events for up to 90 days plus extensions. They maintained that adverse impacts were considered and found not significant.
    • Board Questions: Board members probed the basis for the permit, the definition of "special event," and whether the ordinance truly covered a months-long business operation. Chairman Gray expressed concern that the permit was used to bypass normal process, effectively allowed six months of commercial use without the public hearing required for a minor special exception. Others questioned whether staff properly evaluated off-site impacts (traffic, noise, dust) as required by ordinance.
    • Appellants' Argument (Stephen Price): Contended that the "event" did not meet the ordinance definition—it was not a noteworthy happening but a routine business. He argued the permit was an abuse of process, allowing the landowner to start operations while seeking a special exception, and that staff failed to make a required finding of no significant adverse impact before the extension.
    • Landowner's Rebuttal (Anna Ritter): Distinguished the temporary event use from the proposed small business use (which would require permanent improvements). She stated that staff did evaluate adverse impacts for the extension and that the zoning administrator’s decision is presumed correct under state law. She further argued the permit was properly issued under the ordinance.

Key Outcomes

  • Standing Ruling: The board determined (3-0) that the appellants have standing to bring the appeal.
  • Final Decision: The board voted (3-0) to grant the appeal, reversing the July 10, 2025 issuance of temporary special event permit EVENT-2025-028987 and its October 10, 2025 reissuance. The board found the permit did not comply with the Loudoun County Zoning Ordinance, specifically because the use did not qualify as a "special event" under the ordinance’s definition, and the approval mechanism was improperly applied.
  • Consequences: The temporary permit is void. The property (RD Baseball) may not operate the baseball training activities under that permit. The property owner may continue to pursue the separate minor special exception application with the Board of Supervisors for the building setback, but the by-right outdoor use would require a standard zoning permit.
  • Next Steps: The board discussed upcoming business – a November training session on the new zoning ordinance (scheduled for November 20, 2025) and a December public hearing for a sign variance and a possible appeal of a zoning permit denial.

Meeting Transcript

Good evening. I would like to call to order the October twenty-third, twenty twenty-five Board of Zoning Appeals public hearing. The board is composed of five members and two alternates. Four of us are present tonight. John Benedict and Denise Roll and a series of others that have had. If anyone else would like to be heard and has not filled out one of these forms, please see Ms. Kaps. Before we begin, I would like to ask that everyone to check their cell phones and be sure that it's silenced or off so that it does not interrupt the proceedings or mess up the audio recording. Thank you. As of since the agenda there are uh one two three uh three matters in a housekeeping matter that would be preliminary. And the first is there are two uh the first is the landowners have um who are represented by Mrs uh Mr Randy Minshew and Ms. Anna Ritter uh are here. They have submitted after the the filing of the 20-day limit. They're asking leave to file their uh supplemental filing in support of Loudoun County uh as appellee. And I'll let um the I'll let the property owner's attorney speak to that, but in there as well is a standing issue, a standing question. So um I of course let uh counsel talk about that as well, but how how the court uh excuse me how the board wants to handle that. The second is uh the second preliminary matter is that the uh the appellants uh represented by Mr. Price submitted a uh a filing on uh October 21st, which couldn't may not have gotten your packets, but I believe uh Ms. Caps, the BZA secretary has put it before you that's uh that uh that two is late filed. I'm assuming um Mr. Price would want leave to have that accepted. I'll let Mr. Price speak to that. And um I can talk about the preliminary the I guess the housekeeping matter when we get to the hearing, but those are the I guess three that we are before you and I'll I'll let you talk, you know, right if you want to bring up the attorneys and let them make their case okay. We can begin that uh well, the attorney for the initial packet. Uh that's the uh property owner's uh attorney Mr. Ms. Minchu. I would ask one thing, and just uh without my hearing aids, I am profoundly deaf. With my hearing aids, I'm moderately profoundly deaf. So if you can just get very close and enunciate, I would appreciate it. Thank you. Uh uh thank you, Chairman Gray. My name is Randy Minshew. I'm here together with Anna Retta Counsel for the landowner. And Mr. Chairman, uh my I gave my first presentation before the Board of Zoning Appeals of Loudon County in 1988, and my senior partner, Mr. Bill Chapman, introduced me to the board at that time. And I would like to um do the same thing tonight, introduce to this board um Anna Ritter of our firm. This is her first appearance for the BCA, and like Mr. Chapman did for me in 1988. I'd like to yield the floor with your leave and introduce you to Ms. Anna Ritter. Thank you, Randy. Good evening, Chair, members of the BZA. Um so on the matter of delayed filing, um, we received notice, our clients received notice um of this hearing date on September 24th, which was a Wednesday. Uh the 20-day filing deadline um authorized under the BZA bylaws was that Friday, so less than 48 hours. And instead of getting something in just to get something in to meet the deadline, we uh took some time to prepare what we hope is a thoughtful filing that can contribute to the discussion here tonight. Um we filed that on October 9th, two weeks ago. Um so uh in order to provide all parties time to review the materials on those grounds, we'd ask leave that our filing dated October 9th would be uh accepted for consideration tonight.

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