VARIANCE CASE NUMBER: PLN

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1 VARIANCE CASE NUMBER: PLN APPELLANT: Robert Dale Lynch OWNER: Robert, Anne & David Lynch PROPERTY LOCATION: 5408 Zoysia Court MAGISTERIAL DISTRICT: Gainesville ACREAGE: GPINs: ZONING: RPC Zoning District SUBJECT OF VARIANCE: Requesting a variance from the requirements of section of the Zoning Ordinance in order to permit a Second Kitchen within a single-family detached dwelling.

COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia 22192-9201 PLANNING (703) 792-6830 Metro 631-1703, Ext. 6830 FAX (703) 792-4758 OFFICE Internet www.pwcgov.org Stephen K.

3 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Stephen K. Griffin, AICP Director of Planning November 8, 2010 STAFF REPORT Variance Case #PLN ; Robert Dale Lynch Board of Zoning Appeals REQUEST To consider a request for a variance from the provisions of Part 100 and Section of the Prince William County Zoning Ordinance to install a full Second Kitchen in a Single Family Detached Dwelling. Part 100 Definitions Food preparation area, secondary: Areas such as wet bars or warming kitchens that are secondary to a main kitchen area located within a single family detached dwelling. Such areas shall be so located for the convenience and use by all residents of a dwelling and shall not create separate or private living areas. See also section Dwelling unit: A single unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit shall have no more than one (1) kitchen. Sec : Secondary food preparation areas may be permitted in single- family detached dwellings by the Zoning Administrator when the following conditions are met and subject to criteria available from the Planning Office: (a) Secondary food preparation areas shall be contained within the principal dwelling unit or within an attached addition; and (b) The addition or portion of the dwelling containing the second kitchen shall not be used for commercial rental or other commercial purposes; and (c) Secondary food preparation areas shall be located for the convenience and use by all residents of a dwelling and shall not create separate or private living areas. The application for a variance is attached as Exhibit 1.

4 Page 2 of 4 BACKGROUND Mr. Lynch is requesting relief from the zoning ordinance requirement that no more than one kitchen be permitted in a single family dwelling. He has cited the need to add a full kitchen to a currently unfinished basement of his home to accommodate his handicapped 40 year old son. Mr. Lynch s son, David, suffered a traumatic brain injury, approximately nine years ago, in Michigan while jogging and has been recently released from acute hospital care, which included rehabilitation. David s medical and professional therapy team have determined that it is essential for him to have an independent life as much as possible. The proposal includes the finishing of the basement area to include a full complement of spaces and functions, including a bedroom, bathroom, living room and a full kitchen that will be accessible from a wheelchair. In addition, an elevator is proposed to be installed to allow access to the garage for ingress and egress purposes. SITE AND AREA CHARACTERISTICS The lot on which Mr. Lynch and his family reside contains approximately 7,827.7 square feet, and is located near the intersection of Championship Drive and Zoysia Court, within the Regency at Dominion Valley subdivision, a 55 and older community subdivision (See Exhibit 1-17) and is zoned RPC Residential Planned Community. Mr. Lynch and his family include: his wife, Anne, his mother, Ms. Grace Lynch and his son David also part owner of the subject property. The structure is a two-story detached dwelling unit with a walk-out basement. (See Exhibit 1-15) Currently, the dwelling contains a full kitchen, sunroom with open deck, family room, living room, dining room, master bedroom and one other bedroom and bathroom on the first floor, as well as and an unfinished basement and contains approximately 4,908 square feet. VARIANCE CRITERIA The Board of Zoning Appeals may authorize the granting of a variance, only if certain findings can be made based upon the evidence presented at a public hearing, including a finding that granting a variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant.. Sections (4) and of the Zoning Ordinance set forth the criteria that must be met in order for a variance to be authorized. A copy of these sections is attached as Exhibit 2.

5 Page 3 of 4 STAFF ANALYSIS Section of the Code of Virginia defines a Variance in the following manner: Variance means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional use. The above definition is incorporated into the wording of Section of the Code of Virginia and Section of the Prince William County Zoning Ordinance, whereby three criteria must be met by the applicant to obtain a variance. Those consist of: (a) (b) (c) That the strict application of the ordinance would produce undue hardship; That the hardship is not shared generally by other properties in the same zoning district and the same vicinity; and That the authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance. The key aspect of this case is whether the strict application of the ordinance (that is, the restriction of only one kitchen within a dwelling unit) would produce undue hardship. A hardship has been validated (through the submitted Medical Justification Support Letter ) from Dr. Nathan D. Zasler, MD, (see Exhibit 1-5) that his patient, David Lynch, needs these home modifications for a full wheelchair accessible kitchen, in order to advance David s level of functional independence. The question is whether the proposed living situation (a second kitchen with a bedroom in the basement) is the only reasonable option available to the Appellant and does the hardship comply with the requirements for a variance. The permitting of a full kitchen in a basement may have extended consequences. When the kitchen is constructed, it will remain as a permanent fixture within the house, and once the current occupant vacates the premises, the second kitchen could potentially serve as a genesis for a second dwelling within the home. That is, the type of situation that the restriction on full kitchens, as established in the zoning ordinance, is intended to prevent. However, staff is cognizant of the fact that the only reasonable option for accessible independent living, including cooking, bathing and sleeping, is to locate those facilities within the basement. This would provide the single level living arrangement prescribed by the medical and professional neuro-rehabilitation program. However, the hardship in this case is not one that is

6 Page 4 of 4 related to the physical attributes of the property such as exceptional narrowness, shallowness, size or shape of the property or other extraordinary situation or condition of the property as the ordinance prescribes as the requirements to request a variance. In this case, the hardship is one that is of a physiological nature to the occupant/owner of the property and not a hardship of the property. Because this is a situation that is applicable only to this particular Appellant, this hardship is not generally shared by other properties or properties in the general vicinity. However, per Section (5), of the Zoning Ordinance, In authorizing a variance, the Board of Zoning Appeals may impose conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. The granting of this variance request should not be detrimental to surrounding properties or change the character of the neighborhood as long as the Appellant resides in the unit. However, potential long-term impacts could arise should a new owner or tenant utilize the basement as a second dwelling. Consequently, staff believes it would not be prudent to grant the variance unless conditions and a bond amount be applied to ensure compliance that the kitchen be removed, or at a minimum, converted to a secondary food preparation area (wet bar) once the Appellant s son vacates the premises or the property sold. RECOMMENDATION Staff recommends denial of the proposed variance supported by the aforementioned reasons. EXHIBITS Exhibit 1: Application for Variance, dated September 20, 2010 Exhibit 2: Sections (4) and of the Prince William County Zoning Ordinance

7 Exhibit 1-1

8 Exhibit 1-2

9 Exhibit 1-3

10 Exhibit 1-4

11 Exhibit 1-5

12 Exhibit 1-6

13 Exhibit 1-7

14 Exhibit 1-8

15 Exhibit 1-9

16 Exhibit 1-10

17 Exhibit 1-11

18 Exhibit 1-12

19 Exhibit 1-13

20 Exhibit 1-14

21 Exhibit 1-15

22 Exhibit 1-16

23 Exhibit 1-17

24 Exhibit 1-18

25 Exhibit 1-19

26 Exhibit 1-20

27 Exhibit 1-21

28 Exhibit 2-1

29 Exhibit 2-2

30 Exhibit 2-3

City of Chesapeake, Virginia April 27, 2018 Parcel Number: Property Address (Primary): Parcel Class: 5000 Parcel Class Description: 1008

City of Chesapeake, Virginia April 27, 2018 Parcel Number: 0980000000170 Property Address (Primary): Parcel Class: 5000 Parcel Class Description: 1008 SANDERSON RD CHESAPEAKE, 23322 AGRICULTURAL 20 TO