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Board of Zoning Appeals

Tuesday, Jun 2, 2026

Zoning And Land UseCommercial

Special Exception for Video Lottery Facility Denied at 205 Viking Way

The Board of Zoning Appeals considered a special exception for Project 2026-44SE to allow limited video lottery (LVL) machines at 205 Viking Way in a Mixed-Use Commercial (MUC3) zone. The applicant, Abraham Ashton of Ashton Law Firm representing Ollie Hadavan, requested the special exception and related variances. The proposed location is a vacant 2,400 sq ft building (formerly Pizza Hut), with about 1,100 sq ft usable space after accounting for kitchen and bathrooms. The applicant sought variances to waive the one-year business operation rule, allow an open floor plan instead of a separate room for machines, and permit patrons under 21 in the facility (contrary to lottery regulations). The applicant argued that they are an experienced operator and that the open floor plan is better for business and a few machines. Staff did not recommend approval, citing that the proposal did not meet all requirements of Article 4.08. During the special exception vote, concerns were raised about ignoring variance requirements (open room) and harmony with the ordinance. A roll call vote resulted in a 0-4 denial, with all members voting no. Following the denial, the applicant withdrew the related variance requests.

Zoning And Land UseInstitutional

Special Exception Denied for High School Use at 415 Wilson Street

The Board of Zoning Appeals denied a special exception request (Project 2026-41-SE) for St. Joseph's School to operate a high school in an existing building at 415 Wilson Street, zoned Urban Residential (UR2). The school, which plans to add grades annually, currently has 12 freshmen and expects 30 students and 8 staff for the upcoming year, with future modest projections. They planned to add 40 parking stalls. The applicant, Maria Bird (principal), highlighted that the building was previously a WVU Crisis Center and Recovery Center and that they sought to improve neighborhood safety with adjusted speed limits and crosswalks. Staff noted the building's existing size (6,866 sq ft) and potential expansion plans. Several residents spoke against the proposal, citing poor planning, insufficient parking, lack of information on total student/staff numbers, and unverified claims about a South Raleigh Street extension. A key argument against was the proposed building size (13,367 sq ft under roof if expanded) and its incompatibility with the UR zone's intent for neighborhood compatibility (max 3,000 sq ft for new neighborhood retail/services). The Board conducted a roll call vote on multiple criteria for the special exception. The motion to approve failed with a 2-3 vote (Mary Dulia, Xandrea Lansdowne voted yes; Brenda Casabona, Christina Brittner, Ken Sayer voted no), with concerns about harmony with the comprehensive plan, site suitability for the intended use, and specific criteria related to noise, fumes, and parking.

Zoning And Land UseResidential

Multiple Zoning Variances Approved for Townhome Development Off North Raleigh Street

The Board of Zoning Appeals heard multiple variance requests for Project 2026-39V, a proposed 95-99 unit townhome development off North Raleigh Street. Variances were sought to exceed the front setback (requested 25 ft minimum vs. ordinance 8-16 ft max), reduce the rear setback (requested 10 ft minimum vs. ordinance 30 ft minimum), and allow for front parking (ordinance requires rear parking only). The applicant, Greenway Engineering representing Kate Coffee, argued these variances were necessary for adequate driveway space, to accommodate townhome design (decks/patios), and to create a more functional and secure layout compared to rear alley access, citing security and ease of garbage/mail collection. Concerns were raised about the property's irregular shape, floodplain issues, and potential impact on future adjacent developments. The Board approved each variance separately after reviewing the criteria, with separate motions for each. The rear setback variance was approved after discussion confirming no future development would be impacted. The front parking variance was approved acknowledging precedent in redevelopment areas. The front setback variance was approved noting it would allow adequate driveway space. All variances were approved.

Zoning And Land UseResidential

Variance Granted for Outbuilding Setbacks at 109 North Red Hill Road

The Board of Zoning Appeals approved a variance for Project 2026-39V at 109 North Red Hill Road, allowing an outbuilding to exceed the front setback requirement. The applicant, Dorland Rush, requested the variance to place a shed closer to the front of the property to accommodate moving parents into the garage and to avoid costly grading of a large, sloped backyard. The proposed front setback for the outbuilding is 170 feet. The Board also approved a reduction in the side setback from 10 feet to 3 feet, citing neighbor consent and efficient use of yard space. The shed is described as an attractive structure with windows and a metal roof, not just a storage shed.

Zoning And Land UseCommercial

Multiple Variances Approved for Hang 10 Car Wash Facility Off Apple Harvest Drive

The Board of Zoning Appeals approved multiple variances for Project 2026-43V, a proposed car wash facility (Hang 10 Car Wash) located off Apple Harvest Drive and South Queen Street in a Mixed-Use Commercial (MUC3) zone. The applicant, Monte Verde Engineering and Design Studio (Seth Roderick), requested five variances. These included allowing frontage buildout at less than 75% (requested 26%), exceeding the front setback (requested 70 ft vs. max 16 ft), allowing front and side parking (ordinance requires rear only), placing the car wash tunnel in the front (ordinance prohibits on front facade), and waiving the screening requirement for vacuums from the front lot line. The applicant argued these variances were necessary for a functional car wash design, mirroring successful models elsewhere, and due to the property's narrow, elongated shape. Staff noted that the Auto Spa Express on Foxcroft received similar variances. The Board approved each variance separately after reviewing the standard criteria and hearing from staff and the applicant. The approval of waiving the vacuum screening requirement was discussed, with the applicant citing marketability and the natural screening of the wooded lot line.

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