The Planning Commission, while favoring the use, effectively denied a conditional-use permit for an English as a second language school on Pine Street while recommending a conditional-use permit for a women's fitness center on Grant Street Monday night.
Even though staff recommended approval of both permits, the request for the school failed to gain a majority vote in support. Instead, it failed 2-5 with Commissioners Theodore Hochstein and William Tirrell in favor.
"We cannot allow a conditional-use permit that will adversely affect the neighbors," said Commissioner Jay Donahue. "I don't think that without on-site parking we can't guarantee that won't happen."
TOM FOSTER and his wife, both of Reston, were seeking the conditional-use permit to operate the school in an upstairs unit in Pines Street Plaza Condominiums, located on Pine Street. The owner of the unit, No. 698, spoke in favor of the permit, however, a tenant in the building and the Condominium Association Board expressed concerns.
The parking lot of the complex has 25 spaces for 12 units, roughly two spaces per unit. The school was proposing having up to 20 students and would operate three hours at least four nights a week and for five hours on Saturdays and Sundays.
"There is a strong immigrant population in Herndon and we feel they would like to learn English," Foster said. "We wanted to offer an alternative for weekend classes and extended nights."
Foster, an ESL adult-education teacher, said based on his experience, parking would not be a problem. He said most of the students would probably car pool, take public transportation or be dropped off and picked up by friends or family members.
"There's not really students coming and going," said Foster. "We chose the location because it was centrally located."
THOSE CONNECTED to the building didn't share Foster's optimism that the students would not create a parking nuisance.
"We do have units that don't have much use going on," said Peter Cerick, who owns the unit. "I'm surprised the association is being opposed to this."
In fact, as a result of this application and previous complaints about parking, the association board is considering assigning parking spaces to the individual units, said the board's attorney, Tom Page.
Cerick said the association has the right to assign parking spaces, but it would have to do so fairly.
"I own two units, that's four spaces right there," Cerick said. "When I left my office tonight at 7, there were three cars there."
Bob Shoemaker, a tenant in the building, said he is often there at night and on weekends and has seen parking issues crop up depending on who the current batch of tenant are.
"Parking is frequently a problem there," Shoemaker said. "We frequently are there in the evenings, but I'm more concerned with the weekends. I'm frequently there meeting clients on the weekends and there may be half-dozen cars. It sounds like there could be 23 cars [with this proposal]."
Commissioner Judith Downer suggested the parking issue could be resolved by Foster making agreements with neighboring businesses to use their spaces or by directing the students to the public parking at the end of Pine Street.
PAGE, HOWEVER, said parking wasn't the only obstacle. The association's operating covenants prevent the units from being used as a school, he said.
"The uses prohibit instructional use. We're not opposed to a school. There are better locations," Page said. "Owners purchase units with the intention of them being used for professional and business offices."
A compromise was attempted when an amendment was offered by Donahue and altered to Downer, which in effect would grant the permit, if Foster could prove he has made adequate arrangements for parking either on or off site through agreements with neighbors. The amendment, however, failed 3-4, with Downer, Donahue and Robert Burk in favor, which doomed the overall permit request.
OMAIRAH IQBAL FARED better in her quest for a conditional-use permit to operate a Curves Fitness Center on the second floor of the shopping center at 720 Grant Street.
The women's-only facility offers 30-minute work outs on 10 machines, said Iqbal. The women rotate around the machines three times. She said existing Curves have about 10 to 15 clients at any one time.
Iqbal's request passed unanimously.
Both conditional-use permits will now go before the mayor and Town Council for approval or denial.