ARLINGTON COUNTY, VIRGINIA

Board of Zoning Appeals Agenda Item V-I0409-10-UP-l

Meeting of July 7, 2010

DATE: July 1,2010

APPLICANT:

LOCATION:

ZONING:

LOT AREA:

GLUP DESIGNATION:

Michael and Elizabeth Gill 1620 North Lexington Street

"R-6," One-family Dwelling District 7,289 Square Feet

"Low" 1-10 units per acre

SUBJECT: To permit a right side yard of 5 ft instead of 8 ft as required, re covered front porch.

RECOMMENDATION: Adopt the attached Resolution approving the subject Use Permit, with conditions.

ORDINANCE REQUIREMENTS: Side and Rear Yards: For all single-family dwellings and their accessory structures: Ten (10) feet, provided that one (1) side yard may be reduced to eight (8) feet. The aggregate width of both side yards on any lot shall not be less than thirty (30) percent of the required width of the lot, provided that on interior lots no structure shall be located closer than twenty-five (25) feet from a rear lot line. (Section 32, Subsection D.2.b.)

EXISTING CONDITIONS: The subject property is a 50-foot wide interior lot containing 7,289 square feet of land area. The lot is zoned "R-6", One-family dwelling districts. This zoning district permits one-family dwellings on lots that are a minimum of 60 feet wide and contain at least 6,000 square feet of land area. The General Land Use Plan (GLUP) designation is "Low", 1-10 units per acre. The existing dwelling is located 29.2 feet from the North Lexington Street right of way, 4.7 feet from the right side lot line and 9.1 feet from the left side lot line.

PREVIOUS BZA ACTIONS: None.

PROPOSED CHANGES: The applicants propose to construct a covered front porch, among other rear additions that may be constructed by right. The proposed covered front porch would measure 7 feet by 23 feet. The porch would result in a right side yard of 5 feet instead of 8 feet as required.

STAFF ANALYSIS:

(1) Would the proposal promote compatibility of development with the surrounding neighborhood because the overall footprint size and placement are similar to the structures on the properties surrounding the subject property and would the proposal help preserve natural land form, historical features and/or significant trees and foliage?

Staff: Tony M. Burnette, Deputy Zoning Administrator, Zoning Administration V-10409-10-UP-I

The proposed addition would be compatible with the surrounding neighborhood because the footprint size and placement are similar to structures on properties surrounding the subject property. The proposed covered porch would not be as close to the right side lot line as the existing dwelling. There are other similar porches in the neighborhood. The proposal would not affect natural land form, historical features or significant trees and

foliage. .

(2) Would the proposal adversely affect the health or safety of persons residing in the neighborhood?

The proposal would not adversely affect the health or safety of persons residing in the neighborhood.

(3) Would the proposal be detrimental to the public welfare or injurious to property or improvements in the neighborhood?

The proposal would not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(4) Would the proposal be in conflict with the purposes of the master plans and land use and zoning related policies of the County?

The property is zoned "R-6" for single family residences. The GLUP designation is "Low" 1-10 units per acre. The property is improved with a one-family dwelling which is permitted by the Zoning Ordinance and is in accordance with the GLUP. The proposal is not in conflict with the purposes of the master plans and land use and zoning related policies of the County.

COMMENTS FROM NEIGHBORS: The applicants have submitted one letter signed by an adjacent neighbor who supports the proposal.

CONCLUSION: The proposal would be compatible with the development on the surrounding properties and in accordance with the County's master plans. Therefore, staff recommends that the Board adopt the attached Resolution approving the Use Permit.

MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution granting Use Permit V-10409-10-UP-1, subject to the conditions listed in the Resolution.

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RESOLUTION

WHEREAS, the Board of Zoning Appeals ("BZA") has held a duly advertised public hearing on July 7,2010 on case number V-10409-10-UP-1 for a Special Exception Use Permit to permit a right side yard of 5 ft instead of 8 ft as required by Section 32, Subsection D.1.e of the Arlington County Zoning Ordinance to construct a covered front porch at the property located at 1620 North Lexington Street;

WHEREAS, the BZA finds that the proposal will not affect adversely the health or safety of persons residing in the neighborhood; and,

WHEREAS, the BZA finds that the proposal will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and,

WHEREAS, the BZA finds that the proposal will not be in conflict with the purposes of the master plans and land use and zoning policies of the County; and,

WHEREAS, the BZA has determined that the modification is compatible with development in the surrounding neighborhood and that the structure's overall footprint size and placement are similar to the structures on the properties surrounding the property and the proposal would help preserve natural land form, historical features and/or significant trees.

NOW, THEREFORE, BE IT RESOLVED that the BZA hereby approves a Special Exception Use Permit in case number V-10409-10-UP-1, subject to the following:

1. The applicant agrees that the structure/addition shall be constructed in accordance with the footprint shown on the survey, and the architectural drawings attached to the staff report dated July 1,2010 and that no enlargement of the structure/addition may be made in any dimension shown on the plat or architectural drawings.

2. The applicant shall obtain and provide to the Zoning Administrator a wall check plat, unless determined by the Zoning Administrator that a wall check plat shall not be required, at the time the foundation of the addition/structure is installed.

3. The applicant shall obtain a building permit to construct the addition/structure permitted herein by July 7,2011, or the Use Permit shall be null and void.

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ARLINGTON

VIRGINIA

Case No.

--------

Arlington County, Virginia DEPARTMENT OF COMMUNITY PLANNING, HOUSING AND DEVELOPMENT PLANNING DIVISION

ZONING ADMINISTRATION

APPLICA ....... ..n. .... T ..,,1">."" .. Toro ..... ~~~- -~~~

MICHAEL GILL

Permit N: ZADM10241 CPHD Case N:

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Arlington, Virginia 22201 * D 7 6 6 5 *

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Contract Owner

Gv t11C.t\AEL Gt1ZEGf'~'1 G:t Il-L. 8r E..LI'ZAS;e;r4 CAvJLE:j <9'l-\-

of Lot(s) Co Block 10 Sec. - Subdivision, _ _:F<_O=-.::::5!_T~O::...ll;:.=.tI.z:::.A:L_ _

premises known as 'b20 N - L-€XI tl4 TofJ S-r~ Civic Association W£..«S 1.0 oJ6'&..

hereby apply for a Use Permit ~ Variance __ to Section3z.. Subsection 't> of the Zoning Ordinance as contained in

WHCUf?;E;.€t-STt- i

Lot Coverage: Existing 2} OG;>9 ;5F#Biooo5e~ Proposed._~=+-~:....__!!_~.!__ __

Main Building Footprint: Existing 'J bB3 SF (2-3 % )[=~ibf

Make checks payable to: Treasurer of Arlington County

ZONE R-

PROPOS~L FILED S \ 3 \ ~\) \ () FEEDEPOSITED t31~:1o

C.R.I.F. NO. R tnJb"ob FEE 10/\1>

Previous Cases. _

Signature

Address Uo2D ~ Lexl ~ To N S~""T

Zip 1-1-205 Daytime Telephone :202~ 20] '31, 8,

Agent Contact Information:

Name: Title _

Address, _

Zlp. _

Telephone _

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101109

August 14, 2000

TO:

APPLICANTS FOR PUBLIC HEARING CASES

FROM: EMORY C. RUSSELL, JR.

SUBJECT:

Disclosure Statement for Public Hearings of County Board Planning Commission and Board of Zoning Appeals

As an applicant for a case that will be considered by the County Beard or the Beard of Zening Appeals (Rezenings, Site Plan Approvals and Admendments, Use Permits and Amendments, and Variances), you are required to. file a complete disclosure of the equitable ownership and parties interest of the real estate that is the subject of the applicatien. This requirement is contained in Section 36, Subsectiens E-S, F-6, G-7, and H-7 of the Arlingten County Zening Ordinance and Title 1S.2 of the Cede of Virginia. The purpose of the Disclosure Statement is to. document the ownership interests of the property or properties that are the subject of the application. The fellewing information is provided to. assist you in preparing an accurate and complete Disclosure Statement which will help avoid etherwise unnecessary deferrals of the public hearing date fer which you have filed your application.

A complete Disclosure Statement must be filed with your applicatlon by the FINAL FILING DEADLINE fer you application to. be complete and therefore accepted fer precessing. The Statement must be notarized. (It does not have to be notarized in Virginia.) It is very important that you review your Disclesure Statement for accuracy and cempleteness before you file it with the County, As with all application information, the Disclosure Statement is available to the public fer review.

Particular attention should be paid to the fellowing elements of your statement:

> Partnership information must list all General and Limited Partners and be broken down successively until ONLY INDIVIDUAL PERSONS are listed.

> Corporate information and all stockholders (except those that are traded en a national or local stock exchange and have more than SOO shareholders) must list the names of officers and directors of the corporation. For Corporations that are net traded on a national or local stock exchange, stockholders must be identified as well.

> Whenever a trust is listed, the beneficiaries must be identified.

> Addresses of partnerships, corporations, trusts, etc. must include the street address or post office box number, city, state, and zip code. Telephene numbers are net required.

> Identificatien of the interest of the persons and firms listed. This should identify the nature of the interest (ie. Owner, contract owner, lessee, general or limited partner, beneficiary, mortgage holder, etc.). The percent of interest is not required.

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101/09

Disclosure Statement

TYPE OR PRINT IN INK

No. __

Case

Complete the following:

1. Description of the real estate affected

List the addresses of all property that is affected by the application. Provide the lot, block, section, and sub-division of all parcels only if the properties have not been subdivided.

Address( es),_-,I'--'!01t::.· '=Z::::O=--' __!_~_:_:~ "::_. _L.-_' _~~_I ~::_">:_:,<4:::::Y--,::_( O=-.Lt.J~_S_-r.::....L_. _

Lot(s) _...]o,.at:- Block. .!..I-=O=-- _

Section. Subdivision Fo$. -roR,.) A

2. Is the owner of said real estate, a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders?

YES

If "Yes," give the name of the corporation and skip to item 4

3. List the names, addresses, and nature of interest of ALL persons having equitable ownership of the real estate to be affected, including, in the case of corporate ownership, the names of stockholders, officers, and directors; and of ALL parties in interest.

NATURE OF INTEREST

4. I hereby certify that this is a true and accurate disclosure of all persons having equitab e own affected and of all the parties in interest.

Applicant's signature

Subscribed and sworn befor

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My Commission Expires ., '-11Ii." ,,*,11

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101109

Information and Instructions Variance and Use Permit Applications

Hearings and Filing Deadlines

• The BZA holds a scheduled public hearing on requests for variances and use penn its each month (except January) starting at 7:00 p.m. in Room 307, #1 Courthouse Plaza, 2100 Clarendon Boulevard, unless otherwise noticed.

• Applications (available in Room 810 at 2100 Clarendon Blvd) must be filed with Zoning Administration for review and processing in accordance with the Board of Zoning Appeals, Variance and Use Permit Filing & Public Hearing Dates schedule. A consent letter from the property owner is required if the applicant is not the current owner. Although you may submit a variance or use permit application at any time, if you are attempting to apply for a particular BZA meeting date a complete application must be filed in accordance with the Board of Zoning Appeals, Variance Late or incomplete Applications will not be accepted.

• Early filings and consultation with zoning staff is advisable to determine the nature, need, and suitability of any variance or use permit request.

• Adjacent property owners are notified of the request by mail. The property and the immediate neighborhood will be posted.

A Public Notice describing each request is published twice in the Washington Times prior to the hearing.

• Applications and required materials will be available for public examination in the Office of the Zoning Administrator, Room 810, at 2100 Clarendon Boulevard.

Filing Fees (effective July 1, 2009)

• Additions to Existing Single Family Dwellings - $337 for 1st subsection. Each additional subsection is an additional $67.

• New Single Family Dwellings - $2,662 for 1st subsection. Each additional subsection is an additional $532.

• Building Location Error for New Structures - $4,003. Does not apply to errors in fence or accessory structure placement.

• High Density Residential, Town Houses, Garden Apartments, Office Buildings, Other Commercial Buildings - $3,316 for l st subsection. Each additional subsection is an additional $663.

• Variance or Use Permit Applications made by Non-profit Organizations & for Non-profit Institutional Uses - $277.

• Appeals to Determinations of the Zoning Administrator - $542.

• AUTOMATION ENHANCEMENT fEE - 10% Of TOTAL FEES.

• The fees must accompany the Application. It is refundable if withdrawn prior to preparation of the Public Notice for the request, about three weeks before the hearing.

The Application - One Copy Each of the Following:

• Application Form: A fully completed application form,

• A Certified Survey Plat of the subject property prepared by a surveyor or engineer licensed by the Commonwealth of Virginia showing:

1. All existi e site including additions, sheds, decks, garages, porches, stoops, swimmisg'poolsj etc. with

j$i.1MI,~JV . all driveways and parking and maneuvering space.

f ~~~ ~=~e impro s drawn to scale with dimensions indicated (e.g. porches, garages, sheds, air conditioning units,

room additions and new dwellings). .

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101109

Statement of Iustification

Use Permit for Front Porch at 1620 North Lexington Street

The purpose of this Request for Use Permit is to allow construction of a covered, unenclosed front porch that will project into the required 8-foot right side yard setback. The proposed porch will he no closer than 5 feet from the right side property line; the existing house is currently 4.7 feet from the right side property line. The proposed front porch is part of a renovation that will greatly improve the appearance of the house. The proposed front porch will provide a welcoming outdoor living space and enhance the connection with our neighbors on N. Lexington Street that actively use their front porches. To adhere to the required 8-foot right side yard would be detrimental to the aesthetics and function of the porch. The smaller porch would not accommodate the appropriate furniture and the side railing would collide with the existing front window and/or window trim.

1) The proposal would have no effect - positive or negative - on the health and safety of persons residing in the neighborhood.

2) The proposal would have no effect - positive or negative - on the public welfare and to property or improvements in the neighborhood. As envisioned, the proposal would improve the home's exterior appearance, thereby enhancing the streetscape. Moreover, the design is compatible with existing homes in the neighborhood, many of which have been renovated in recent years with front porches.

3) The proposal would not conflict with any Arlington County master plans, land use or zoning related policies.

4) The proposal would promote compatibility of the development with the surrounding neighborhood.

The renovation and porch will be consistent with the surrounding neighborhood in size and style. The proposed lot coverage of 29% and main building footprint of 23% are only two-thirds of the maximum allowed (43% and 33%, respectively). The right side yard setback will be greater than what is currently the condition with the existing house.

A front porch is part oflarger renovation plans for 1620 North Lexington Street that have been submitted and approved by an Arlington County zoning official under Building Permit No. BI000586. The Request for Use Permit is to modify the approved porch dimensions so that the porch is functional and aesthetically appealing. The adjacent neighbors at 1622 North Lexington, who share the property line related to the setback exception request, are supportive of the project, as indicated by the included signed statement attached.

~~ ~ TITl£ REPORT FlJRNISHED. F01f2!:. l)Se. PE'72Jv(',

2 BOUNDARY BY OlliERS.

J THIS PlAT WIS FORWARDED a£CTRONICHJ.Y IN ROO ONLY FORMAT. N« ATTEMPT AT ALTERA110N INVALIDATES lliE SEAL AND SIGNATURE.

AN ORIGINAl. HARD COPY REW.iNS ON ALE AT RICE ASSOCIATES.

4j COPYRIGHT 2004, RICE ISSOCIATES - THIS IS A SERVICE DOCUMENT AND IS VALID FOR SIX t.tONl1iS FROt.t DATE ISSUED.

5 LOCAl1ON OF' F'ENC£S (IF SHOWN) ME APPROXIMATE AND DO NOT CERTIFY OWNERSHIP.

S lliE SUELIECT DWEWNC IS LOCATED IN F.I.R.t.t. ZONE 'C', IS SHOWN ON COt.tMUNITY PANEL NUMBER 515520 0Cl04 B, DATED MAY J, lQS2.

7 LOCA110N OF' It.tPROVEMEHTS BASED ON t.tONUt.tENTAl1ON FOUND IN THE SUBDMSION, DHF, IRF', IPF, PKF, NF DENOTES FOUNO t.tONUt.tENTAl1ON.

8 NOT FOR N« CONSTRUCllON (INCWDlNG FENCES).

Q NO SUBSURFACE unLITY 1NVESTl~l1ON.

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Date:

I have reviewed the plans for the renovation planned by Michael and Elizabeth Gill at 1620 N. Lexington Street, Arlington, VA 22205. I do not have any concerns with their request for a special use permit to build a front porch within the required side yard setback between our properties.

Name:

Address:

Phone:

V-10409-10-UP-1

1620 N Lexington St. (Westover)

Note: These maps are for property location assistance only. They may not represent the latest survey and other information.

I~case ~ Location(s)

Department of Community Planning, Housing and Development

Planning Division