ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V UP-1: Meeting of October 17, 2018 DATE: October 12, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Sarah Sunday 101 North Highland Street R-6, One-Family Dwelling District 4,843 Square Feet Low 1-10 units per acre SUBJECT: Use Permit request by Sarah Sunday, the owner, to permit a setback of 11 feet to porch (10.5 feet to porch eave) instead of 21 feet to porch (19.5 feet to porch eave) as required, a setback of 5.5 feet to a new window well instead of 21 feet as required, and a setback of 5 feet to wall (5 feet to eave) of the addition instead of 25 feet to wall (21 feet to eave) as required all from the 1 st Street North right-of-way, and to permit an aggregate setback of 11 feet instead of 18 feet as required in the R-6 Zoning District; re new side two story addition with a basement, a front porch and window wells adjacent to the 1 st Street north right of way, on a corner lot in the R-6 Zoning District, premises known as 101 North Highland Street. RECOMMENDATION: Adopt the attached Proposed Resolution denying the Use Permit request. Two alternative proposed resolutions have been provided should the Board see fit to approve the request as advertised or with an 8.6 foot setback. ORDINANCE REQUIREMENTS: Setbacks from any street: For all one-family dwellings and their accessory structures: No structure shall be located less than 25 feet from any street right-of-way line, except that the distance between any street or officially designated street rightof-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: (Article 3, Section A.1.e) Side and rear yards: For all one-family dwellings and their accessory structures: 10 feet, provided that one side yard may be reduced to eight feet. The aggregate width of both side yards on any lot shall not be less than 30 percent of the required width of the lot, provided that on interior lots no structure shall be located closer than 25 feet from a rear lot line. (Article 3, Section A.2.b) Encroachments allowed into required yards and courts: The following unenclosed uses may encroach no more than four feet but not nearer than five feet to any property line: Balconies; eaves, trim and fascia boards and similar architectural features; window wells and areaways; decks and patios that are eight inches or higher from finished grade; stoops; and attached stormwater planters and similar features. (Article 3, section A.3.a.3) Staff: Stephen Risse, Board of Zoning Appeals Coordinator V UP-1

2 Porches on corner lots, including the base, supporting columns and roof, may encroach four feet into the required front yard and the required side yard facing the street right-of-way, provided that they are no closer than 21 feet to any street right-of-way line. Porch eaves on corner lots may encroach an additional 18 inches beyond the edge of the porch, provided they are no closer than 19.5 feet to any street right-of-way line. (Article 3, section A.3.a.5) EXISTING CONDITIONS: The subject property is a 60.5-foot wide corner lot containing a nonconforming 4,843 square feet of land area. The lot is Zoned R-6 One-Family Dwelling District. 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 is Low 1-10 Units per acre. County records show that the existing 2-story dwelling was constructed in There is an existing 207 square foot (18.5 ft. x 11.2 ft.) one story detached building (garage) on site. The existing dwelling is located 26.2 feet from the North Highland Street right-of-way. It is located a non-conforming six (6) feet from the left adjacent property line, and a non-conforming 20 feet from the 1 st Street North right-of-way. It is located approximately 27 feet from the rear property line, and 13 feet from the accessory building in the rear. PREVIOUS BZA ACTIONS: V UP-1 On August 15, 2018 the Board of Zoning appeals heard and deferred the subject application to the October 2018 BZA hearing per the applicant s stated request at the hearing. PROPOSED CHANGES: The applicant is looking remove the structure s existing encroaching sunroom and to replace it with a new expanded 2 story addition, over basement, and a new front porch on the side of the existing dwelling facing the 1 st Street North right-of-way. The proposed addition will be approximately 483 square feet per floor (roughly 21 ft. x 23 ft.). The proposed - 2 -

3 front porch will be approximately 136 square feet. The proposed front porch will be placed 12.5 feet from the North Highland Street right-of-way, and 11 feet from the 1 st Street North right-ofway. The addition will be placed 5 feet from the 1 st Street North right-of-way, and will not have an eave that encroaches further. The new addition will be placed 23.2 feet from the rear property line, and will have 9.5 feet of separation from the existing accessory building (garage) in the rear. 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? The footprint of the proposed renovation may be compatible with the surrounding area, because the proposed main building footprint of 1,344 square feet would be larger than the footprints on most of the surrounding properties, but still smaller than the footprint of some of the adjacent properties. See the table below for a sampling of some of the surrounding footprints. Address Main Building Footprint 102 N. Highland Street Apx. 1,620 square feet st Street North Apx. 1,550 square feet 101 N. Irving Street Apx. 1,280 square feet st Street North Apx. 1,160 square feet 102 N. Garfield Street Apx. 880 square feet The proposed placement of the new addition, in regards to the adjacent 1 st Street North right-of-way may however not be compatible with the placement of other structures in the surrounding area. Staff was able to find numerous examples of properties along this section of 1 st Street North that have right-of-way setbacks that are less than the current Zoning Ordinance requires, however none of the examples staff was able to find have setbacks that are equal to or less than the applicant is requesting for her addition. See the table below for a sampling of the properties staff was able to identify along 1 st Street North with reduced right-of-way setbacks from 1 st Street North. Address ROW Setback From Residence Built 101 N. Irving Street 8.6 feet Wall N. Irving Street 10.3 feet Open porch N. Jackson Street 11 feet Enclosed Porch N Garfield Street 11.7 feet Wall N. Fenwick Street 15 feet Wall N. Highland Street 15.2 feet Wall 1920 Looking beyond the immediate street, staff still couldn t find examples of other properties in the surrounding area that have right-of-way setbacks that are equal to or smaller than the 5.5 feet the applicant is currently requesting. The closest example staff was able to certify - 3 -

4 with a right-of-way setback less than the 5.5 feet the applicant is requesting is a setback of approximately 3 feet to a front porch on a property on 7 th Street North, more than 2,500 feet from the subject property. See the table below for sampling of other properties staff was able to identify with setbacks from the surrounding area that are less than the Zoning Ordinance requires. Address ROW Setback From Residence Built th Street North Apx. 3 feet Open porch N. Pershing Drive 6.2 feet Open porch N. Ivy Street 6.5 feet Wall N. Irving Street Apx. 7 feet Open porch th Street North 7.1 feet Open porch nd Street South Apx. 8 feet Open porch N. Kenmore Street 8.1 feet Wall 1924 Staff looked to see if there were any other cases in the surrounding area where the Board of Zoning Appels had reduced a comparable right-of-way setback to be 5.5 feet or less. Staff did find a few examples where the BZA has reduced right of way setbacks in the surrounding area, including one recent example where the BZA approved a right-of-way setback of only 2 feet. However, in that recent example, the applicant had an existing rightof-way setback less than the BZA eventually approved for his proposed renovation, so it may not be a good comparison. See the table below for s sampling of BZA cases staff was able to find in the surrounding area that reduced right-of-way setbacks. Address Case number Allowance 427 N. Cleveland V feet to the wall.5 feet to the eave instead of Street UP-1 25 feet to the wall 21 feet to the eave. 600 N. Ivy Street V foot setback from ROW for addition, heat pump and air conditioner 101 N. Irving Street V foot setback from ROW for rear addition 235 N. Fillmore Street V foot setback from ROW (3.5 foot requested) for 1 story addition One difference between the subject property and many of the others in the surrounding areas, is the distance between the edge of the property and the road bed. The plat that the applicant provided shows that the subject property has 17 feet between the edge of their property and their existing fence. In looking at the site, the edge of the road starts a few feet beyond the existing fence. This means the current house which is set back 20 feet from the 1 st Street North right of way, currently sits more than 37 feet from the existing edge of the road. The addition is proposed to be placed on the side of the house facing the 1 st Street North right-of-way. It is proposed to replace an existing sunroom on that side of the house. There are one or two mature trees on or adjacent to the subject parcel that may have their root - 4 -

5 zone impacted by this addition, however neither of the trees are listed as significant or champion trees on the County s GIS database. The county does have a number of street trees across the 1 st Street North, but it is unlikely that these trees would be impacted by the proposed development, so it is unlikely that the addition will significantly affect the natural landform, historical features or significant trees and foliage on site. (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 GULP designation is Low 1-10 units per acre. The property is currently improved with a single family dwelling and two accessory buildings, which is permitted by the Zoning Ordinance and is in accordance with the GULP. The proposal is therefore not in conflict with the purposes of the master plans and the land use and zoning related policies of the County. COMMENTS FROM NEIGHBORS: As of the writing of this report, staff has received a petition of support signed by eight (8) of the applicant s neighbors, representing five (5) of the surrounding properties including the neighbors directly adjacent to the side and rear, as well as from neighbors across both North Highland street and 1 st Street North. The petition state that the neighbors have had the opportunity to review the applicant s plans, and they support the requested Use Permit. CONCLUSION: The proposal may not promote compatibility of development with the surrounding neighborhood because the placement would not be similar to the structures on the properties surrounding the subject property. Therefore, staff recommends that the Board adopt the attached Resolution denying the Use Permit. Two alternative proposed resolutions have been provided should the Board see fit to approve the application, either as it was advertised, or with an 8.6 foot setback from 1 st Street North (the same setbacks as staff found at 101 N. Irving Street). PROPOSED MOTION: I move that the Board of Zoning Appeals adopt the attached Proposed Resolution denying the Use Permit V UP-1. PROPOSED RESOLUTION (denial) - 5 -

6 WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on October 17, 2018 on case number V UP-1 for a Use Permit to permit a setback of 11 feet to porch (10.5 feet to porch eave) instead of 21 feet to porch (19.5 feet to porch eave) as required, a setback of 5.5 feet to a new window well instead of 21 feet as required, and a setback of 5 feet to wall (5 feet to eave) of the addition instead of 25 feet to wall (21 feet to eave) as required all from the 1 st Street North right-of-way, and to permit an aggregate setback of 11 feet instead of 18 feet as required in the R-6 Zoning District; re new side two story addition with a basement, a front porch and window wells adjacent to the 1 st Street north right of way, on a corner lot in the R-6 Zoning District, premises known as 101 North Highland Street; and 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 not compatible with development in the surrounding neighborhood and that the structure s overall footprint size and placement are not similar to comparable structures on other properties in the County though the proposal would help preserve natural land form, historical features and/or significant trees. NOW, THEREFORE, BE IT RESOLVED that the BZA hereby denies Special Use Permit case number V UP-1. ALTERNATIVE PROPOSED RESOLUTION (approval as advertised) WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on October 17, 2018 on case number V UP-1 for a Use Permit to permit a setback of 11 feet to porch (10.5 feet to porch eave) instead of 21 feet to porch (19.5 feet to porch eave) as required, a setback of 5.5 feet to a new window well instead of 21 feet as required, and a setback of 5 feet to wall (5 feet to eave) of the addition instead of 25 feet to wall (21 feet to eave) as required all from the 1 st Street North right-of-way, and to permit an aggregate setback of 11 feet instead of 18 feet as required in the R-6 Zoning District; re new side two story addition with a basement, a front porch and window wells adjacent to the 1 st Street north right of way, on a corner lot in the R-6 Zoning District, premises known as 101 North Highland Street; and 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, - 6 -

7 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 comparable structures on other properties in the County 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 Special Use Permit case number V UP-1, subject to the following: 1. The applicants agree 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 October 12, 2018 and that no enlargement of the structure/addition may be made in any dimension shown on the plat or architectural drawings. 2. The applicants shall obtain and provide to the Zoning Administrator one or more final plats, to certify the addition s location. 3. The applicants agree that the front porch shall not be built over or enclosed, and that proposed setbacks shall be maintained. 4. The applicants shall obtain a building permit to construct the structure permitted herein by October 17, 2019 or the Use Permit shall be null and void. ALTERNATIVE PROPOSED RESOLUTION TWO (approval at 8.6 feet) WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on October 17, 2018 on case number V UP-1 for a Use Permit to permit a setback of 11 feet to porch (10.5 feet to porch eave) instead of 21 feet to porch (19.5 feet to porch eave) as required, a setback of feet to a new window well instead of 21 feet as required, and a setback of feet to wall (5 8.6 feet to eave) of the addition instead of 25 feet to wall (21 feet to eave) as required all from the 1 st Street North right-of-way, and to permit an aggregate setback of feet instead of 18 feet as required in the R-6 Zoning District; re new side two story addition with a basement, a front porch and window wells adjacent to the 1 st Street north right of way, on a corner lot in the R-6 Zoning District, premises known as 101 North Highland Street; and 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 - 7 -

8 to comparable structures on other properties in the County 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 Special Use Permit case number V UP-1, subject to the following: 1. The applicants agree 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 and shown as the alternative Plat, alternative floor plans, and alternative elevations dated October 12, 2018 and that no enlargement of the structure/addition may be made in any dimension shown on the alternative plat or architectural drawings. 2. The applicants shall obtain and provide to the Zoning Administrator one or more final plats, to certify the addition s location. 3. The applicants agree that the front porch shall not be built over or enclosed, and that proposed setbacks shall be maintained. 4. The applicants shall obtain a building permit to construct the structure permitted herein by October 17, 2019 or the Use Permit shall be null and void

9 V UP N HIGHLAND ST Case Location(s) Scale: 1: 1, Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed

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12 3504 North Jefferson St. Arlington, Virginia Office Statement of Justification to: from: Board of Zoning Appeals; Arlington County Sarah Riddlemoser, AIA; Moser Architects PLLC Representing Sarah Sunday date: re: 101 North Highland Street The request for a use permit in association with the proposed addition is due to the location of the existing house on the property. We wish to seek relief from Article of the Arlington County Zoning Ordinance that specifies that the front setback of the building should be 25 from the front property line and that a front porch should be 21 from the front property line. The existing house sits on the corner of North Highland Street and 1 st Street North which is a one way single lane road. The property line on the 1 st Street side is set 17.0 in from 1st Street North rather than at the street edge as on the North Highland Street side. The owner s driveway and curb cut extend across the 17.0 space before meeting the street. The lot is zoned R6 which typically has a minimum lot size of 6000 square feet. The lot at 101 N. Highland Street is 4843 square feet so greatly undersized. The owner s love their existing home but it is small and they are need of more space. The only portion of the lot we are able to build an addition is on the right side towards 1 st Street North. The project involves adding a new three story addition to the right side of the house as well as a front porch. The front porch setback to N. Highland Street conforms to current zoning requirements but the side of the porch will sit 11.0 from the property line on the 1 st Street side (28.0 to the street). The new three story addition at its closest point shall sit 5.0 from the property line (22.0 from the street). There are three properties nearby (similar corner lots) that have larger lot sizes and have setbacks to the street that are closer than the staff recommendation of 8.6. The first is 501 N. Kenmore Street that has a lot size almost double the size of 101 N. Highland Street (9,307 sq ft) and a setback of 8.1 to 5 th Street North. The second is 600 N. Ivy Street that has a lot size of 6,457 square feet and a setback to 6 th Street North of 6.5. Copies of these properties plats have been included in the package. The BZA also recently approved a 2 front setback for a property that has a lot size of 7,140 square feet (427 N. Cleveland Street). The lot size at 101 N. Highland Street is one of the smallest in the neighborhood and is the overriding reason why the smaller setback should be allowed. The main building footprint (with the new addition) will still be smaller than many in the neighborhood.

13 The placement of the new additions will have no negative effect on the public welfare or safety of people residing in the neighborhood, especially since the encroaching street frontage is towards a one way road. The 17.0 space between the Owner s designated property line and the street edge will remain untouched. The owners love their neighborhood and plan to remain in the house for a very long time.

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34 Alternative showing 8.6' setback received 08/07/2018

35 25'-4" 19'-0" 3'-6" 9'-3" 3'-0" 2'-9" 1'-6" 21'-0 1/2" 15'-9 3/4" 12'-9" 20'-0 1/2" 19'-2" 3'-8" 5'-8" 5'-0 3/4" 12'-1" 8'-0" 5'-0" 10'-0" 7'-10" 5'-6 1/2" 2'-9" 3'-7 3/4" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A1 Alternative showing 8.6' setback received 08/07/ '-2" FAMILY ROOM KITCHEN DINING ROOM 3'-9" FOYER 1'-0" 2'-4" PORCH 6'-4 1/2" 3'-7" 3'-8" 2'-7 3/4" 6'-8 1/4" 8'-6" 16'-6" 19'-10" FIRST FLOOR PLAN SCALE 1/8" = 1'-0"

36 SECOND FLOOR PLAN A2 AS BUILTS SUNDAY RESIDENCE PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV North Highland Street, Arlington VA, MOSER architects 3504 N. Jefferson St Arlington, VA Alternative showing 8.6' setback receved 08/07/ '-4" 19'-0" 8" 4'-2" 4'-7" 6'-1" 4'-2" 3'-6" 6'-1" 1'-6" 3'-6" 21'-0 1/2" BATH BEDROOM 9'-0 3/4" 3'-0" W D 12'-7" BEDROOM Q W.I.C W.I.C 6'-1" 10'-9" 4'-3 1/4" 6'-8 1/4" 11'-2 1/4" K MASTER BEDROOM 14'-0" 10'-6" 12'-8 1/2" 3'-0" 3'-1" 3'-1" MASTER BATH 6'-3 1/2" 3'-0" 6'-0 1/4" 4'-8 1/2" 5'-4 3/4" 6'-1 1/2" 5'-9" 2'-9 1/4" 20'-0 1/2" 5'-0" 1'-0" 9'-11" 3'-7 1/4" 3'-8 1/4" 5'-0 3/4" 19'-10" 12'-4 1/2" 12'-1" 26'-0" SCALE 1/8" = 1'-0"

37 8'-0" BATH 1'-0" OFFICE LAUNDRY UTILITY 4'-0" Alternative showing 8.6' setback receved 08/07/ '-6" 19'-10" 5'-0" REC ROOM 19'-0" 18'-0 1/2" SCALE 1/8" = 1'-0" BASEMENT PLAN 20'-0 1/2" 1'-6" 3'-6" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A3

38 23'-5 3/4" EXIST GRADE TO NEW MID GABLE Alternative showing 8.6' setback receved 08/07/2018 6" FRONT ELEVATION SCALE 1/8" = 1'-0" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A4

39 1'-0" 23'-11 1/2" EXIST GRADE TO NEW MID GABLE Alternative showing 8.6' setback receved 08/07/2018 RIGHT SIDE ELEVATION SCALE 1/8" = 1'-0" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A5

40 2'-6" 24'-3 1/2" EXIST GRADE TO NEW MID GABLE Alternative showing 8.6' setback receved 08/07/2018 REAR ELEVATION SCALE 1/8" = 1'-0" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A6

41 24'-4 1/4" EXIST GRADE TO EXIST MID GABLE Alternative showing 8.6' setback receved 08/07/2018 1'-0" LEFT SIDE ELEVATION SCALE 1/8" = 1'-0" MOSER architects 3504 N. Jefferson St Arlington, VA SUNDAY RESIDENCE 101 North Highland Street, Arlington VA, AS BUILTS PRELIM DESIGN PRELIM DESIGN USE PERMIT USE PERMIT REV A7