The text of a letter from Loudoun County Administrator Kirby M. Bowers dated Wednesday to Herndon Town Manager Steve Owen about the proposed site for day laborers on the Fairfax-Loudoun border:
I want to follow up with you in writing regarding the day laborer site proposal. As you know, our Board of Supervisors members have recently learned that a portion of the property owned by the Town of Herndon and planned to be used as a future day labor site is located within Loudoun County. It is our understanding that the zoning of that site on the Loudoun side may not be in compliance with the current uses. We have asked our Zoning Administrator Melinda Artman to give us an unofficial opinion as to the appropriateness of the zoning if any piece of the subject property located in Loudoun is used by the day labor site program including passage into and out of the program.
Attached is Ms. Artman's memo. Please feel free to share it with your council members. Because of the immediacy of the day labor site issue, Ms. Artman suggests that someone from the Town of Herndon request a determination whether the day labor site conforms with the Loudoun Zoning Ordinance. It seems like this might be a good time to address all the outstanding zoning issues with this piece of property.
Please be advised that we would treat such a request as a priority and our zoning administration would render an opinion as quickly as possible. I hope to hear from you soon.
Zoning Administrator Melinda Artman's memo to Deputy County Administrator Candy deButts:
. . . The property is bisected by the Fairfax County (Town of Herndon) and Loudoun County jurisdictional line. It is developed by a former school (the building is on the jurisdictional boundary) and was last used by the Town of Herndon as a police station. A non-profit group would like to use this property as a "day labor site" and the property is accessed through the portion of the property which lies within the county. As such, the use is subject to the Loudoun County Zoning Ordinance.
The subject property is within the R-1 residential zoning district. "Day labor site" is not a listed use. Section 6-401 of the Zoning Ordinance empowers the zoning administrator to "render decisions as to whether a specific proposed use, although not listed as permitted or allowed by special exception, is so substantially similar in substance and effect to a permitted use or a use allowed by special exception that it should be allowed as if expressly permitted or allowed by special exception." I have not had a specific request from the Town or Project Hope and Harmony, the non-profit group sponsoring this site. If I were asked to opine on what this use might be most similar to, I would say that it is "structure or use for federal, state, county or local government purposes, not otherwise listed." This use is only permitted by special exception in the R-1 district. Further, the use would have to be operated by the Town of Herndon in order to be eligible to take advantage of this use classification.
I look forward to receiving a request from the Town or Project Hope and Harmony that fully describes the use and the area the use occupies so that I might render a formal interpretation.