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Herndon BZA denies variance for Panda Express drive‑thru signs, 3–1
Summary
The Herndon Board of Zoning Appeals voted 3–1 on July 23 to deny a variance request that would have allowed installed Panda Express drive‑thru signs totaling about 37.31 sq ft, exceeding the 24‑sq‑ft limit; staff had recommended denial after finding the application met only two of six variance criteria.
The Herndon Board of Zoning Appeals on July 23 denied a request to allow oversized drive‑thru signs at the former Burger King site at 598 Eldon Street, a location where a Panda Express is preparing to open. The motion to deny carried 3–1 following staff testimony that the installed signs exceed town standards.
Aaron Zolick, Zoning Services Specialist for the town of Herndon, told the board the installed menu board measures approximately 28.7 square feet and the order‑confirmation unit (OCU) measures approximately 8.56 square feet; together the drive‑thru signs measure about 37.31 square feet, compared with the ordinance maximum of 24 square feet. Zolick said staff concluded the application met only two of the six statutory variance criteria and therefore recommended denial: "Because the application fails to meet 4 of the 6 required variance criteria, staff is recommending denial of the variance request in accordance with draft resolution A," he said.
Ross MacArthur, project manager for Panda Express, argued the larger sign elements were the product of site constraints discovered during construction. "We had to run it to the menu board... we could not run low voltage lines due to the concrete and easement that's underneath the drive through," MacArthur said, describing a spread‑base footing and hybrid design the contractor used after encountering subsurface obstacles.
Board members debated whether the physical conditions on the site created an undue hardship that would justify a variance. One member noted that the ordinance's size limits are strict and observed the BZA's role is to apply statutory variance criteria, not to make legislative decisions about the public good. After discussion and two separate attempts at motions, the board voted as the clerk recorded: Board member Clendenin — Aye; Board member Donadio — Nay; Board member Homan — Aye; Vice Chair Porter — Aye. The motion to deny carried, 3 to 1.
The zoning administrator clarified that a denial by the BZA would not itself prevent the business from opening; any delay would be a decision for the applicant. The board adjourned at about 7:49 p.m.
