fairfax board of zoning appeals county cars" for an office and used car lot. â€¢ on september...
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BOARD OF ZONING APPEALSFAIRFAX PUBLIC HEARING DATE: September 20, 2017COUNTY
TIME: 9:00 a. m.
V I R G I N I A
September 13, 2017
APPEAL APPLICATION A 2012-LE-017
APPELLANTS: Hajimohammad Revocable Trust, Mohammad Hajimohammad, Trustee and Flora Hajimohammad, Trustee
LOCATION: 5630 South Van Dom Street
TAX MAP REF: 81-2 ((3)) 8A
ZONING DISTRICT: C-6
SITE AREA: 32,210 square feet
NATURE OF APPEAL: Appeal of a determination that the appellants are allowing a vehicle sale, rental and ancillary service establishment to operate on property in the C-6 District without Special Exception approval or a valid Non- Residential Use Permit, in violation of Zoning Ordinance Provisions.
For information, contact the Zoning Administration Division, Department of Planning and Zoning, 12055 Government Center Parkway, Suite 807, Fairfax, Virginia 22035-5505, 703-324-1314.
American with Disabilities Act (ADA): For special accommodations, call 703-324-1334 (TTY 711 Virginia Relay Center) seven days in advance of the meeting to make the necessary arrangements.
A 2012-LE-017 Page 2
A 2012-LE-Q17 HAJIMOHAWIMAD REVOCABLE TRUST, MOHAMMAD HAJIMOHAMMAD, TRUSTEE AND FLORA HAJIMOHAMMAD, TRUSTEE, A 2012-LE-017 Appl. under sect(s). 18-301 of the Zoning Ordinance. Appeal of a determination that the appellants are allowing a vehicle sale, rental and ancillary service establishment to operate on property in the C-6 District without Special Exception approval or a valid Non-Residential Use Permit, in violation of Zoning Ordinance provisions. Located at 5630 South Van Dorn St., Alexandria, 22310, on approx. 32,210 sq. ft. of land zoned C-6. Lee District. Tax Map 81-2 ((3)) 8A.
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A 2012-LE-017 Page 3
DESCRIPTION OF APPEAL
Appellants: Hajimohammad Revocable Trust, Mohammad Hajimohammad, Trustee and Flora Hajimohammad, Trustee
Issue: Appeal of a determination that the appellants are allowing a vehicle sale, rental and ancillary service establishment to operate on property in the C-6 District without Special Exception approval or a valid Non- Residential Use Permit, in violation of Zoning Ordinance Provisions.
Property Description: The property that is the subject of this appeal is located at 5630 South Van Dorn Street in Alexandria, in the northwest corner of the intersection of South Van Dorn Street and McGuin Drive, north of Interstate 95. The subject property is bounded by the CSX Railroad tracks to the north, vacant residentially zoned land to the west and to the south across McGuin Drive, and an industrially zoned storage yard across South Van Dorn Street to the east.
The property is zoned C-6, Community Retail Commercial District, and consists of approximately 32,210 square feet developed with a vehicle sale, rental and ancillary service establishment. A copy of the zoning map sheet showing the subject property is provided on the previous page.
Appellants' Position: The appellant's application and basis for appeal are set forth in Attachment 1.
ZONING ORDINANCE PROVISIONS
The provisions of the Zoning Ordinance which are germane to this appeal are listed below. The complete text of these provisions is enclosed as Attachment 2.
• Par. 1 of Sect. 2-304, Special Exception Uses, Interpretation of District Regulations
• Par. 4U of Sect. Sect. 4-604, Special Exception Uses, C-6 Community Retail Commercial
• Sect. 18-701, Permit Required for Occupancy or Use, Residential and Non-Residential Use
A 2012-LE-017 Page 4
PROPERTY HISTORY AND BACKGROUND
• On April 12, 1976, Rezoning RZ 74-4-014 was approved by the Board of Supervisors, which rezoned the subject property from the R-12.5 District to the C-D (Commercial Designed Shopping Center) District.
• On August 14, 1978, the properly was rezoned to the C-6 District, in conjunction with the adoption of the current Zoning Ordinance.
• On November 6, 1978, Special Exception SE 86-L-078 was approved by the Board of Supervisors for a vehicle sales, rental and ancillary service establishment subject to development conditions, including a five year term limit. This term limit was imposed due to Comprehensive Plan recommendations at the time recommending a hotel use, requiring substantial parcel consolidation to achieve.
• On May 30, 1979, a Site Plan Exception WV#4664 was approved to permit the issuance of necessary permits to erect a structure for use as retail sales of used cars for a period of two years without site plan approval.
• On December 17, 1981, a Non-Residential Use Permit (Non-RUP) was issued to"Affordable Cars" for an office and used car lot.
• On September 14, 1987, Special Exception SE 87-L-002 was approved by the Board of Supervisors on an 11,330 square-foot portion of the subject property to permit the continuation of vehicle sale, rental, and ancillary service establishment, as the previously approved SE for the use had expired. The development conditions approved with this SE limited the use to three years from the date of the issuance of the Non-RUP, with the option for a maximum of two one-year extensions. *It was noted at that time that interchange improvements were being considered and preliminary design indicated that all or most of the site may be neededfor right-of-way. It was determined that temporary approval of the SE would resolve the issue. A copy of the approved development conditions is included as Attachment 4.
• Subsequent to the approval of SE 87-L-002, the building was expanded, with no evidence of permits for that expansion having been located.
• On September 16, 1987, a Non-Rup was issued to Select Auto Imports, Inc. for Retail Sales / Used Cars. *This Non-RUP was later determined to be issued in error and, therefore, was null and void because the conditions of the Special Exception had not been met.
• On December 26, 1990, a letter was issued stating that SE 87-L-002 had expired because the use was never established. The applicants had failed to meet a number of development conditions and did not obtain a valid Non-RUP. This letter determined that continued operation of the use was a violation and required that the violation be cleared within 30 days of receipt of the letter. A copy of this letter is included as Attachment 5.
A 2012-LE-017 Page 5
On June 12, 1991, Special Exception application SE 91-L-024 was accepted by the Department of Planning and Zoning to request a vehicle sale, rental, and ancillary service establishment. On March 23, 1992, this application was deferred indefinitely and was not diligently pursued. On March 13,1997, this application was dismissed.
The subject property was conveyed to Mohammad Hajimohammad by a quitclaim deed recorded in the Fairfax County land records at Deed Book 9497, Page 0406 on August 31, 1995, and a quitclaim deed recorded in the Fairfax County land records at Deed Book 10020, Page 0065 on April 21, 1997. The subject property was subsequently conveyed to Mohammad Hajimohammad and Flora Hajimohammad, Trustees of the Hajimohammad Revocable Trust by a deed of gift recorded in the Fairfax County land records at Deed Book 13134, Page 1813 on July 23, 2002. Copies of the deeds are provided as Attachment 3.
On November 27,1996, a Notice of Violation was issued to the property owners, stating that the previously approved SE was not valid because the use was never legally established. The property owners were instructed to discontinue the use or diligently pursue the approval of an SE and obtain a Non-RUP. A copy of this NOV is included as Attachment 6. *It should be noted that this NOV was not appealed.
On October 27, 1997, Special Exception application SE 97-L-066 and Rezoning application RZ 97-LE-053 were accepted for processing. The SE request was to permit a vehicle sale, rental, and ancillary service establishment and the rezoning request included a portion of an adjacent property and requested to rezone from the R-l and C-6 Districts to the C-6 District. A portion of Parcel 7, which is located to the south of the subject property, was included in this application. These applications were deferred numerous times by the applicants and were eventually dismissed on February 25, 2011.
On June 14, 2012, the property owners were issued a Notice of Violation for not having a valid special exception and Non-RUP. The violation notice also included the presence of a banner sign that does not comply with the Zoning Ordinance. A copy of this Notice of Violation is contained in Appellants' application and basis for appeal in Attachment 1.
The referenced appeal was received on July 13, 2012, accepted on July 26, 2012, and was originally scheduled for public hearing before the Board of Zoning Appeals on October 3, 2012. Subsequently, based on taking steps to come into compliance, the public hearing was administratively moved at the appellants' request on October 3, 2012, November 28, 2012, February 6, 2013, April 24, 2013, October 23, 2013, June 4, 2014, October 8, 2014, and April 29, 2015. The public hearing was then deferred by the BZA at the appellants' request from July 29, 2015 to December 9, 2015, to June 8, 2016, to November 2, 2016, to May 3, 2017, and to September 20, 2017.
On May 13, 2014, the