ARLINGTON COUNTY, VIRGINIA. Board of Zoning Appeals Agenda Item ‘V-10413-10-UP-1 Meeting of July 7, 2010 DATE: July 1, 2010 APPLICANT: William Guyton LOCATION: 1305 North Kirkwood Road ZONING: “R-6,” One-family Dwelling District LOT ARE. 7,240 Square Feet GLUP DESIGNATION: “Low” 1-10 units per acre SUBJECT: To permit a setback of | ft from the N. Johnson St right of way instead of 25 ft as required and a side yard of 1 ft instead of 8 ft as required, re detached garage. RECOMMENDATION: Adopt the attached Resolution approving the subject Use Permit, with conditions. ORDINANCE REQUIREMENTS: For all one- and two-family dwellings and their accessory structures: No structure shall be located less than 25 feet from any street frontage. (Section 32, Subsection D-1e) EXISTING CONDITIONS: The subject property is a 50-foot wide through lot located between North Kirkwood Road and North Johnson Street. The lot contains 7,240 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 42.2 feet from the North Kirkwood Road right of way, approximately 53 feet from the North Johnson Street right of way, 6.2 feet from the left side lot line and approximately 16 feet from the right side lot line. PREVIOUS BZA ACTIONS: None. DISCUSSION: The applicant was issued a building permit for a detached garage on March 12, 2010 in error. The building permit was rescinded on April 6, 2010 because the proposed garage would be located 1 foot from North Johnson Street instead of 25 feet as required and 1 foot from the side lot line instead of 8 feet as required. Construction has not begun on the detached garage, although considerable site preparation work was completed. The proposed garage would measure 20 feet by 22 feet. STAFF ANALYSIS: (1) Would the proposal promote compatibility of development with the surrounding [Staff: Tony M. Bumette, Deputy Zoning Administrator, Zoning Administration V-10413-10-UP-1Q) GB) @) 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? ‘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. Staff would not normally support a Use Permit for and accessory building to be located 1 foot from a street right of way. There are other accessory buildings directly across North Johnson Street from the subject property that appear to be equally as close. Other dwellings on North Johnson Street are close to the right of way. The proposed garage is well below the footprint cap permitted in the “R-6" district. The proposal would not affect natural land forms, historical features or significant trees and foliage. ‘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. 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 neighbothood. ‘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 applicant has submitted a petition signed by neighbors who support 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 approvirg the Use Permit. MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution granting Use Permit V-10413-10-UP-1, subject to the conditions listed in the Resolution.RESOLUTION WHEREAS, the Board of Zoning Appeals (“BZA”) has held a duly advertised public hearing on July 7, 2010 on case number V-10413-10-UP-1 for a Special Exception Use Permit to permit a setback of | ft from the N. Johnson St right of way instead of 25 ft as required and a side yard of 1 ft instead of 8 ft as required, re required by Section 32, Subsection D.. of the Arlington County Zoning Ordinance to construct a detached garage at the property located at 1305 North Kirkwood Road; WHEREAS, the BZA finds that the proposal wil! not affect adversely the health or safety of persons residing in the neighborhood; and, WHEREAS, the BZA finds that the proposal wil! not be detrimental to the public welfare or injurious to property ot 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-10413-10-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,x an ] Hi) MA’ 7 Lill MAY 07 2010 Case No. | | __ Arlington County, Virginia KATRIE TOLONEN ARLINGTON “DEPARTMENT OF COMMUNITY PLANNI) Permit #: 2A0M10257 HOUSING AND DEVELOPMENT — CHD Case# PLANNING DIVISION OHI Ni ZONING ADMINISTRATION MAC APPLICATION FOR USE PERMITS AND VARIANCES DaTE:___28 Agel Zoro BOARD OF ZONING APPEALS 2100 Clarendon Blvd, Suite 1000 Aclington, Virginia 2220 Owner a Occupant We___Wiltas PB Gators Contract Senet ot Lots)_-& Block_ Sec. ae kick wied, Wenrac premises known as_i3c Ni (rkiweod Rd Ariat YNWQy ‘Gli Association __L-VI i 4 hereby apply for a Use Permit_V~_ Variance to Section 2 subsection O/E of the Zoning Ordinance as contained in the appendix of the Arlington County Code to permit“ uid. of Sdided aa toi Seat Lleor bin Yotrm , Bulli, garmin was gaged at approved Med, 12,2015, Tssued pourt numbe jc Bl 0008 3%. yj Lot Coverage: Existing__32.4 Proposed__°3'3.3 Main Building Footprint: Existing __\\ 41 4, fl Proposed. 91 Make checks payable to: Treasurer of Arlington County Print Name_{u)illio~ “ Guster zonE_R—G Signature_ Wee. prorosat einen IZ 7/0__} aires 1205 A) rar aed Rol Webi ten reevepostren_Y 444.40 Zip__2220!. Daytime Teephone_202- YOK =-S42y- care no flte0C 570 ree FAA IO! cet tfrmatn receiveppy_A. [\ndvs |, Ady Tolonen itte esithall of uct Const a pd SET, Te Previous Cases] aa OO Vantage Ib h 4 _,hestor, 4 / wu tip L020 Tetephone (103) 975 0509 ZADM 2rs7 (RP AN INFORMATION ANA INCTDNOTIONE cA nerET TY)August 14, 2000 Te 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 Board or the Board of Zoning Appeals (Rezonings, 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 application. This requirement is contained in Section 36, Subsections E-5, F-6, G-7, and H-7 of the Arlington County Zoning Ordinance and Title 15.2 of the Code 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 following information is provided to assist you in preparing an accurate and complete Disclosure Statement which will help avoid otherwise unnecessary deferrals of the public hearing date for which you have filed your application. A complete Disclosure Statement must be filed with your appiation by the FINAL FILING DEADLINE for you application to be complete and therefore accepted for processing. The Statement must be notarized. (It does not have to be notarized in Virginia.) It is very important that you review your Disclosure Statement for accuracy and comleteness before you file it with the County. As with all application information, the Disclosure Statement is available to the public for review. Particular attention should be paid to the following elements cf your statement: > Partnership information must lst all General and Limited Partners and be broken down successively until ONLY INDIVIDUAL PERSONS are Isted. > Corporate information and all stockholders (except those that are traded on a national or local stock exchange and have more than 500 shareholders) rrust list the names of officers and directors of the corporation. For Corporations that are nol 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. Telephone numbers are not required. > _ Identification of the interest of the persons and firms listed, This should identity the nature of the interest (ie. Owner, contract owner, lessee, general or limied partner, beneficiary, mortgage holder, etc.). The percent of interest is not required. (READ INFORMATION AND INSTRITCTIONS Carer vyDisclosure Statement TYPE OR PRINT IN INK Case No. ‘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) 1365 N Kirkwood Bl Achinse , YA 72261 z WA Lot(s). & Block__!J-A- Ea Subdivision _Kekinoad “Terence. Is the owner of said real estate, a corporation whose stock is traded on a national of local stock exchange and having more Section, 2 than five hundred (500) shareholders? YES NO If "Yes," give the name of the corporation and skip to item 4 TS 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. PARCEL ADDRESS NAMI ADDRESS [ATURE OF INTEREST 35 N Lior PA AdgQh, Witham © Guytn Same oun Fi. BOA 10335" Wells Fargo Heued 1510 Heese? AW | Uertgage Des Upines, MBG - | Kor? gege Washington OC 200ds- 0335- 4. Thereby certify that this is a true and accurate disclosure of all persons having equitable ownership real estate to be affected and of all the parties in interest. Applicants signature, Bes N, Eckard ba Add 8 Sanita Applicant's address, STATE OF VIRGINIA, COUNTY OF Subscribed and sworn before y wou a (READ INFORMATION AND INSTRUCTIONS CAREFULLY) Fev, 06/16/09 aan sa eo gat heen!/3e Moy,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 permits 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¥ou 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, 2008) © Additions to Existing Single Family Dwellings - $321 for Ist subsection. Each additional subsection is an additional $64, ‘© New Single Family Dwellings - $2,542 for Ist subsection. Each additional subsection is an additional $508. © Building Location Error for New Structures - $4,205, Does not apply to errors in fence or accessory structure placement. © High Density Residential, Town Houses, Garden Apartments, Office Buildings, Other Commercial Buildings - $3,167 for Ist subsection, Each additional subsection is an additional $633. © Variance or Use Permit Applications made by Non-profit Organizations & for Non-profit Institutional Uses - $264. ‘© Appeals to Determinations of the Zoning Administrator - $517. « 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 Commonweulth of Virginia showing: 1. Allexisting structures on the site ine| thy shieds, decks, Baragdp, porches, stoops, swimming pools, etc. with e dimensions to lot lines; and all driveyjays and parkingsundsmaneuvering space. Ding ta Miowwrommed ale with din iAtGAR indicated (¢,95 porches, garages, sheds, air conditioning units, oe Su tena Al proposed improvements drawn t room additions and new dwellings). (BRAN INFORMATION AND INSTRIICTIONS CARFRITEVY ew AN 6/00tr ARLINGTON DEPARTMENT OF COMMUNITY PLANNING, HOUSING AND DEVELOPMENT Zoning Adminstration #1 Courthouse Plaza, 2100 Clarendon Boulevard, Suita1000 Atington, VA 22201 TeL 703.228.3883 Fax 703.208.3896 www aringlorvaus April 6, 2010 Mr. William Preston Guyton 1305 Kirkwood Road Arlington, VA 22201 Re: 1305 Kirkwood Road Building Permit B 1000038 (Detached Garage) Dear Mr. Guyton: 1am writing with regard to building permit B1000038 issued on March 12, 2010 for a rear detached garage. At this time I must rescind the permit. I sincerely apologize and regret that the permit has been issued in error. As reflected in the plans, the detached garage would not meet the required setback of at least 25 feet as outlined in Section 32.D.1.e.(1) of the Arlington County Zoning Ordinance from N Johnson Street. Section 32.D.1.e.(1) states that for all one- and two-family dwellings and their accessory structures: (1) No structure shall be located less than twenty-five (25) feet from any street right-of-way line, except that the distance between any street or officially designated street right-of-way line and the front wall of a structure, with the exception of stoops and covered or uncovered but unenclosed porches, may be reduced as follows: In addition, per the Arlington County Zoning Ordinance Section 32.D.2.¢.(2) for accessory buildings in “R” Distrie's,( in which you are located states that), for new construction of accessory buildings with heights lower than one and one-half (1 1/2) stories or twenty-five (25) feet, whichever is less, and footprint smaller than five hhundred and sixty (560) square feet in "R-5" or "R-6" Districts, or six hundred and fifty (650) square feet in any other zoning district: No accessory building shall be located closer than eight (8) feet to any part of a main building; on interior lots, no accessory building shall be located closer than one (1) foot to a side or rear lot line and on corner lots, no accessory building shall be located closer than one (1) foot to any side lot line. ‘The provisions of this subsection shall not apply to air-conditioning units. It may be possible to obtain a use permit for from the Board of Zoning Appeals. If you should choose to pursue a Use Permit to obtain the garage, please contact Mr. Tony Burnett, Board of Zoning Appeals Coordinator located here in Zoning Administration office at 703-228-3178.