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File #: 25-5301    Version: 1 Name:
Type: Action Item Status: Passed
File created: 10/14/2025 In control: Town Council Meeting
On agenda: 10/27/2025 Final action: 10/27/2025
Title: APPEAL OF DECISION BY BOARD OF ARCHITECTURAL REVIEW - 264 CEDAR LN SE (VIENNA ACE SIGN)
Attachments: 1. 01 - Staff Report - Appeal BAR Decision 264 Cedar Ln SE (ACE Sign), 2. 02 - Applicant Request to Appeal, 3. 03 - Cedar Park Shopping Center - Master Sign Plan, 4. 04 - Proposed ACE Sign - Rendering, 5. 05 - ACE Corporate Logo Requirements and Options, 6. 06 - Site Photos, 7. 07 - Application & Authorization, 8. 08 - BAR Staff Report - September 18, 2025, 9. 09 - BAR Orders - August 21, 2025 and September 18, 2025, 10. 10 - BAR Meeting Transcript - August 21, 2025, 11. 11 - BAR Meeting Transcript - September 18, 2025, 12. 12 - Relevant Town Code Sections - Vienna ACE Sign, 13. 13 - Advertisement of Public Hearing, 14. 14 - TC Staff Presentation - 264 Cedar Ln SE (ACE sign) - Appeal BAR Decision to Town Council, 15. August 2025 Post BAR Email to Applicant

Subject:

Title

Appeal of Decision by Board of Architectural Review - 264 Cedar LN SE (VIenna ACE Sign)

Body

 

DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:

This is the first time that the Town Council has considered this issue.

 

EXPLANATION AND SUMMARY

In September 2025, Vienna ACE opened a new store at the Cedar Park Shopping Center at 264 Cedar Lane, SE. As part of its opening, Vienna ACE’s contracted sign company, Signs Unlimited, submitted an application to the Town for approval of a proposed sign. The proposed sign was not consistent with the Master Sign Plan for the Cedar Park Shopping Center, which was approved in 2019. The code permits, under these circumstances, an applicant to submit the proposal to the Board of Architectural Review (BAR), and the applicant did so.

 

The BAR discussed the case at its August and September monthly meetings. On Sept. 18, 2025, the BAR voted to deny the proposed sign. Under the Town code, an applicant has the option to appeal a BAR decision to the Town Council, and Signs Unlimited has elected to do so.

 

Under the code, the Town Council may choose to affirm, reverse, or modify, the decision of the BAR. The Town Council’s task on Oct. 27, 2025, is to review the case material and make a decision among the three options.

 

After the decision of the Town Council, an applicant has the option of appealing the Town Council decision to the Fairfax County Circuit Court.

 

More detailed information is provided in the staff report, which is provided as Attachment 01.

 

The full list of attachments are:

01 - Staff Report - Appeal BAR Decision 264 Cedar Ln DE (ACE Sign)

02 - Applicant Request to Appeal

03 - Cedar Park Shopping Center - Master Sign Plan

04 - Proposed ACE Sign - Rendering

05 - ACE Corporate Logo Requirements and Options

06 - Site Photos

07 - Application and Authorization

08 - BAR Staff Report - Sept. 18, 2025

09 - BAR Orders - Aug. 21, 2025, and Sept. 18, 2025

10 - BAR Meeting Transcript - Aug. 21, 2025

11 - BAR Meeting Transcript - Sept. 18, 2025

12 - Relevant Town Code Sections - Vienna ACE Sign

13 - Advertisement of Public Hearing

14 - TC Staff Presentation - 264 Cedar Ln SE (ACE Sign) - Appeal BAR Decision to Town Council

15 - Town Code Sections with design criteria for review of applications

 

Board or Commission of Interest:

The Board of Architectural Review (BAR) discussed this case at its August and September monthly meetings. On Sept. 18, 2025, the BAR voted to deny the proposed sign.

 

Departmental Recommendation

The Department of Planning and Zoning recommends that the Town Council review the sign proposed by the applicant, hear from the applicant, hear any public testimony, review the approved Master Sign Plan, and review the 9/18/25 BAR order. The Department then recommends that the Town Council determine whether the BAR decision should be affirmed, modified or reversed, based on design criteria in Chapter 4 of the code (Attachment 12).

 

Town Attorney Recommendation: Pursuant to Town Code Section 4-13, the Town Council conducts a de novo review an appeal of the decision of the Board of Architectural Review de novo.  The Town Council shall conduct a full and impartial public hearing on the matter before making any decision. The same procedure and standards shall be applied by the Town Council as are established for the Board of Architectural Review. The Town Council may affirm, reverse or modify the decision of the BAR, in whole or in part.

 

Town Manager's Recommendation:  I recommend the Town Council affirm the decision of the Board of Architectural Review, as presented.

 

PROPOSED/SUGGESTED MOTION

Recommended Action

"I move to affirm the decision of the Board of Architectural Review to deny the sign as presented by the applicant, Desi Versal of Signs Unlimited on behalf of Vienna ACE Hardware, located at 264 Cedar Ln SE."

 

Or

 

"I move to reverse the decision of the Board of Architectural Review to deny the sign as presented by the applicant, Desi Versal of Signs Unlimited on behalf of Vienna ACE Hardware, located at 264 Cedar Ln SE."

 

Or

 

"I move to modify the decision of the Board of Architectural Review to deny the sign as presented by the applicant, Desi Versal of Signs Unlimited on behalf of Vienna ACE Hardware, located at 264 Cedar Ln SE, as follows (Town Council to add modifications/conditions to approval)"

 

 

Other action deemed necessary by Council.