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ARLINGTON COUNTY, VIRGINIA

Board of Zoning Appeals Agenda Item V-I0422-10-UP-l



Meeting of July 7, 2010

DATE: July 1, 2010

APPLICANT:

LOCATION:

ZONING:

LOT AREA:

GLUP DESIGNATION:

Joseph and Barbara Detrick

2030 North Kensington Street "R-6," One-family Dwelling District 6,326 Square Feet

"Low" 1-10 units per acre

SUBJECT: To permit a rear yard of 24.3 ft instead of 25 ft as required, re 2-story rear addition under construction; premises known as 2030 N Kensington St.

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 variable width interior lot containing 6,326 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 35 feet from.the North Kensington Street right of way, 10.5 feet from the right side lot line, 11.9 feet from the left side lot line and 24.3 feet from the rear lot line.

PREVIOUS BZA ACTIONS: None.

DISCUSSION: The applicants have constructed two-story rear addition measuring 19 feet by 28 feet. A wall check plat revealed that a comer of the addition is located 24.3 feet from the rear lot line instead of 25 feet as required. The applicants have stated that the mistake was due to an error made by the contractor.

ST AFF ANALYSIS:

(1) Would the proposal promote compatibility of development with the surrounding neighborhood because the overall footprint size and placement are similar to the

Staff: Tony M. Burnette, Deputy Zoning Administrator, Zoning Administration V -10422-1O-UP-1

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. The addition is modest in size and encroaches minimally (less that a foot) in to the required rear yard. There are other similar additions in the neighborhood. The addition does 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 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 approving the Use Permit.

MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution granting Use Permit V-10422-10-UP-1, subject to the conditions listed in the Resolution.

- 2 -

RESOLUTION

WHEREAS, the Board of Zoning Appeals ("BZA") has held a duly advertised public hearing on July 7,2010 on case l1umber V-10422-1O-UP-1 for a Special Exception Use Permit to permit a rear yard of 24.3 ft instead of 25 ft as required by Section 32, Subsection D.2.b of the Arlington County Zoning Ordinance regarding a 2-story rear addition under construction at the property located at 2030 N Kensington St;

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-10422-1O-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.

- 3 -

By __ rlington County, Virginia BARBARA DETRICK

t::L;;;;;;;:;;=~~liTirnn\;.NT OF COMMUNITY PLANNIN Permit #: ZADM10316

HOUSING AND DEVELOPMENT CPHD Case # :

ZO~~:g~~~rs'~~;'ON 11111111111111111111111111111111111

*D9368*

~~©~DW~[j UU 2 ~

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Case No. _

APPLICATION FOR USE PERMITS AND VARIANCES

DATE: ~ 'd,L\ \ 9-0 \ D

BOARD OF ZONING APPEALS

2100 Clarendon Blvd, Suite 1000

Arlington, Virginia 22201 ~\

~

I --r::::, 1\ • ().. f> ,--1 ,~ 'L .,- ' r c> Occupant

@,) "'----1 Use~p~'\ ~ ,,",JLUY.Jo...~,rQ, J. .. L.fL~\ y \ ~ . Contract Owner

of Lotts) \ \5) Block s.c.__!d:_ Subdivision l,gQ.Will: ~

premises known as 0..\)3 Q N 1 Ys.u'\s~ ~~'\ fJ\-, Civic Associatio-;;\'CU"Cl~' \A.t;u\\k,.i(ic6\rd<l

hereby apply for a~t ~ Variance __ to SectionO(i. Subsecti~J)"d.il' ~ the Zoning ~rdinance as contained in the appendix of the Arlington County Code to permit Cl- J0aA C.ldti-l' 'n \J'fl '-1--D Q,v,

(Q)),\j.J'~{'6 ~\))L~ ~ .VV~\\ ~r\~OQGh .\(\T\) +v0.

~rf\ ~ ---, '. \ ~V\C.J~ ci,\\\;evuCLv; ----..';> 4"'3 \ ,oa ~ I.

Lot Coverage: Existing V V u J2\ a. ~' \ Proposed, -_l__,,__-I__.:...;l "=--_

MainBuildingFootprint:Existing \'~5a 5~ V-\- Proposed\0l94 5,\ .t,}

\'0G~ U~L)\,U'\,e ~"\C..-V\ U'0C \~.:l Q"M"'" ~ ~ ')

Print Name~1()O_l((:x_, U~-1Y ~CAL Signatur~1!a1/Ll../\_0- ](__ ~ (£111 Jt~Address~50 N J ~brq)~ S~~

Zip ~~ 'ODS Daytime Telephone ,Do - 5:)0 - I "6dJ

Agent Contact Information:

Name: Title _

Address, _

Zip _

Telephone _

(READ INFORMATION AND INSTRUCTIONS CAREFULLy)

41: ZA-DNlID3J£

rev. 07/01/09

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.

Addresstes) ~~U IV, \CO-n6\'i)lD--n ~ ,

\ 19 Block

~---------------------------

4 Subdivision ~ ~'oMl

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 8

Lot(s)

Section

2.

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

I hereby \Q#rlity ~~ thj~ is a true and accurate disclosure of all persons having equitable ownership real estate to be affec~ '~§JdHt~4&:ties in interest.

.:::- 'v ''6~ c-,/':<'<4 -z- ?;...-.-, j

~ '0 I}· ":7 ~ .' / 1/' / 11 VL. . /'

f / REGISTRATION N6>.. ~ Applicant's signaturej, lb1l.;(,.~/\O,- f-- ~ VV' ,1/ C!-

= : 7268912 : = J

:. :. MY COMM. EXPIRES j ~ . !Jf)AD N v , -c- I \ "~- S+

~ ...... gl/31/2013:.... g Applicant's address VV'J I f-QJ1) (\(J 1 U:Y', . ,

STATEOF~~~OF BrIWJr/tIrl TO WIT: EAr btl rR.. Ie De+r-(c}f-.

111111111111\ \ III

Subscribed and sworn before me this c:9 f.o ". ~ day of 111\ Q It ,20 I 0

4.

My Commission Expires Q' I / '::? J j;L () 13,' .

'I ~~I

(READ INFORMATION AND INSTRUCTIONS CAREFULLy)

rev. 07101/09

Joseph and Barbara Detrick 2030 N. Kensington Street Arlington, Virginia 22205

(703) 533-7821 barbdetrick@ gmail.com

June 1,2010

Statement of Justification for Use Permit

We wish to apply for a use permit that will allow us to proceed with an addition already under construction on our home. We apologize for the measurement error that is now requiring that we ask for the use permit because one comer of the rear of our house is encroaching slightly on the rear setback line. We respectfully ask that the circumstances be taken into consideration and the use permit be granted. Additional information about the addition is in Items 1 and 4, below.

1) Our addition will have no negative effects on the health and safety of persons residing in the neighborhood.

The addition on our home was originally intended to comply with Arlington County rear setback requirements based on measurements our architect had taken while we were in the planning process in the fall of 2009. We (homeowners and architect) thought we had sufficient space to add four (4) feet to the rear of our house. Unfortunately, our contractor didn't see the stamp on the outside of the plans that stated a "wall check" was required by zoning and this wasn't done when it should have been done. Our contractor continued to build the addition and it was when he requested the framing, plumbing, mechanical and electrical rough-in inspections on May 19th that it was brought to his attention that the "wall check" survey had never been done. We, the homeowners, made sure this step was done immediately (on May 20th) and it was on May 21st that we found out there had been a measurement error that resulted in one comer of the addition encroaching into the setback by 0.7 feet. Our contractor has been very apologetic about missing the need for a survey at the time it should have been done. While this is not an excuse, we respectfully ask that this be taken into consideration.

The encroachment into the rear set-back was unintentional and it only impacts one comer of the house. We, the homeowners, sincerely apologize for the error. We have spoken with numerous neighbors on all sides of our house about the rear yard and the neighbors have reacted positively to the addition. A list of neighbors we have spoken with, and a drawing of where they live in relation to our house, is attached, "Neighborhood Outreach for Use Permit".

Detrick, Page 2

The addition has High Performance, Low-E glass windows. Two windows in the existing horne have been replaced with these windows as well. These new windows should make the house more energy efficient which has a positive impact on the environment.

2) Our addition will enhance the value of the property. The exterior is brick which will enhance the exterior view seen by our neighbors. By enhancing the value of our property, this should enhance the value of other homes in the neighborhood.

The addition only increases our lot coverage by 112 square feet. We are removing a concrete patio that is rarely used and will be returning the area to useable yard. Grass will be planted. The patio being removed is approximately 140 square feet. Since the patio being removed covers more square footage than the addition, we will actually be increasing the green space in our yard and this is positive for the community because it should help with ground water run-off and drainage.

We elected to have the back of our house moved out four (4) feet so a closet addition and bathroom remodel could be done. This change and the replacement of two existing windows with energy efficient egress windows in the rear room will allow us the use the room as a first floor bedroom with attached bathroom. First floor bedrooms are desirable for many Arlington residents because they allow aging or disabled family members to remain in the horne rather requiring assisted living.

3) Our addition is consistent with Arlington County's master plan, land use, and zoning related policies.

The main building proposed footprint is 1,364 square feet on a 6,326 square foot lot which is 21.56%. This is well below the 30% maximum main building footprint allowed on a property zoned R-6. The lot coverage for the proposed main building and our driveway will be 31.99% which is well below the 40% maximum lot coverage for a property zoned R-6.

4) Our addition is compatible with the surrounding neighborhood. The overall size and footprint are similar to other homes in the area. The brick exterior is in keeping with the brick exterior of many of the homes nearby. The placement of the addition is logical in that it allows us to preserve an older maple tree that is in our backyard. The addition also aligns with the original house which makes it more visually appealing to our neighbors. Please note that our lot is not quite rectangular. The rear lot line is not parallel to the existing house. One side of the addition already meets Arlington County rear setback requirements of 25 feet.

Detrick, Page 3

The other side only encroaches upon the setback 0.7 feet (or approximately 8 inches).

As noted in Item 1, above, the addition on our home was originally intended to comply with Arlington County rear setback requirements based on measurements our architect had taken while we were in the planning process and we (homeowners and architect) thought we had sufficient space to add four (4) feet to the rear of our house. Our application for a building permit was approved by zoning on Feb 1,2010. Our building permit was issued on March 3, 2010 (B0902535). Our contractor began construction and had the footing inspection done and approved on March 25,2010. Unfortunately, our contractor didn't see the stamp on the outside of the plans that stated a "wall check" was required by zoning and this wasn't done when the foundation walls were complete. The contractor continued to frame the addition, put it under roof, and rough in the plumbing, electrical and ductwork. The addition is currently partially complete and the finished exterior can be viewed by our neighbors who have signed our "Neighborhood Outreach for Use Permit". We respectfully ask that the use permit be granted so we can continue with the required inspections and complete the interior work on the addition. Thank you for your time and consideration to this matter.

11.::::"

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Neighborhood Outreach for Use Permit Rear Addition with Brick Exterior 2030 N. Kensington Street Arlington, Virginia 22205

Residents ofN. Kensington Street

Name _-=k:::..:,' 0,..o:U;:-:· t: 5t."'""' __ e::.... .. _~_.L..--J.t-_e-_. _;_'V_;o,-"--" Address ~ 0 3_3 )1 ~ /o('e, t'v~U clc~v

Signature_;,;:fi;;.L.._._:_&l=~~dQ"","- <~~~_~.,.., "",' ;_.::_-1'_'~.....:::.c.. _

Address 2ci3'i? N k'~ 9-:

_~~~~L-~~~~ __

~i::ture--l,.o!~"",,-~~__,_=~~ __ A_d_dr_es_s_:<_·_O_'J_'L/_~k Yf. IV.

Residents ofN. Kentucky Street (these residents can see the rear of our house)

.'. Address '~O 'Z{? N) /LQ.v-v-tVl- tf1--1'1 <ir,

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Name Address

---------- ---------------------

Signature __

Neighborhood Outreach for Use Permit Rear Addition with Brick Exterior 2030 N. Kensington Street Arlington, Virginia 22205

Address Zc>2 -:5, {\_J,

Name _

Signature. _

Address

--------------

V-l0422-10-UP-l

2030 N Kensington St. (Tara-Leeway Hts.)

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

I~case .

12223 Location(s)

Department of Community Planning, Housing and Development

Planning Division

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