ARLINGTON COUNTY, VIRGINIA

Size: px

Start display at page:

Download "ARLINGTON COUNTY, VIRGINIA"

Kimberly Brittney Robbins
5 years ago
Views:

ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V-11354-18-VA-2: Meeting of April 16, 2018 DATE: April 13, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Roger Ramia of

1 ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V VA-2: Meeting of April 16, 2018 DATE: April 13, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Roger Ramia of Rush Development, LLC 3644 N Vermont Street R-10 One-Family Dwelling District 10,000 square feet Low, 1-10 Units per acre SUBJECT: Variance request by Roger Ramia, owner, to permit the construction of a new single family dwelling on a lot that has a width of 50 feet instead of 80 feet as required; re a new twostory single family dwelling on an interior lot, R-10 Zoning District, premise known as 3644 North Vermont Street. RECOMMENDATION: Adopt the attached Resolution approving the Variance. ORDINANCE REQUIREMENTS: All development in the R-10 district shall comply with the following standards, except as otherwise expressly allowed or stated. (Article 5, Section A.) In the R-20, R-10, R-8, R-6, and R-5 districts, where a lot has less width and less area than required in the subject district and was recorded under one ownership at the time of the adoption of this ordinance [July 15, 1950], such lot may be occupied by any use permitted in the respective districts. (Article 16, Section ) EXISTING CONDITIONS: The subject property is a 50-foot wide interior lot containing 10,000 square feet of land area. The lot is Zoned R-10, One-Family Dwelling District. This zoning district permits one-family dwellings on lots that are a minimum of 80 feet wide and contain at least 10,000 square feet of land area. The General Land Use Plan is Low 1-10 Units per acre. County real estate records show that the existing single-family dwelling to be demolished was constructed in PREVIOUS BZA ACTIONS: V : In July 1964, the BZA granted a variance in case Staff: Stephen Risse, Board of Zoning Appeals Coordinator, Zoning Administration V VA-2

2 V to permit a side yard of 1 foot instead of 14 feet and an aggregate width of both side yards of 11 feet instead of 24 feet as required. V VA-1: Case V VA-1 was originally scheduled to be heard at the March 21, 2018 BZA hearing, however the March 21, 2018 BZA hearing was canceled due to inclement weather, and all items on the agenda were deferred to a special hearing on April 16, PROPOSED CHANGES: The applicants have proposed a new 3-story home measuring 31.5 feet wide by 72 feet deep (2,268 total square feet) with a front porch measuring 31.5 feet wide by 6 feet deep (189 square feet) and a rear deck measuring feet wide by 11 feet deep (181.5 square feet). The home will be located 10.2 feet from the right side property line, 8.3 feet from the left side property line with a chimney 6.3 feet from the left adjacent property line, and 25 feet from the easement for street purposes adjacent to N. Vermont Street. STAFF ANALYSIS: The applicant must show by a preponderance of the evidence that the criterion below is met: 1. Would the strict application of the terms of the ordinance unreasonably restrict the utilization of the property? The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property. The district requires a minimum of 10,000 square feet of lot area for new development in the R-10 district, and a minimum average lot width of 80 feet. The current lot contains the requisite 10,000 square feet of lot area; however, it only has an average width of 50 feet rendering this lot unbuildable. Despite this classification, the subject parcel currently contains a single-family dwelling that, according to real estate assessment records, has existed on this site since Strict application of the terms of this ordinance means that the property could only continue this use in the existing structure. If the existing structure is removed, as the applicant is proposing, the nonconforming use of the lot for a single family dwelling would be lost. OR 2. Would the granting of the variance alleviate a hardship due to a physical condition relating to the property or improvements thereon which existed upon the effective date of the zoning ordinance? Hardships due to a physical condition of the property generally relate to narrowness, shallowness, size, shape and exceptional topographic conditions of the natural physical characteristics of the property itself. The subject lot was originally created as part of the Chestnut Hills subdivision in In 1963, lots 7, 8, 9 of the Chestnut Hills Subdivision were re-subdivided to create the parcels you see today, including the rear outlot A, now known as th Rd. N. However, the 50-foot width was set when the lot was originally subdivided in Since the width of the parcel was set, before the effective date of the Zoning Ordinance, the granting of this variance would alleviate a hardship due to a physical condition that existed before the effective date of the Zoning Ordinance

3 AND 1. Have the property owners shown that the property was acquired in good faith and that any hardship was not created by the applicant? The applicant purchased this property in October, 2017 and did not cause the hardships related to the width and size of the lot, as the lot s current dimensions existed before the owners purchased the property. This lot s width was originally set in 1908 and the depth was later modified in Granting the variance will not be of substantial detriment to adjacent property and nearby properties in proximity to that geographical area; The adjacent properties are equally sized properties similarly developed with residential uses. Additionally, since the property is currently developed for a single-family use, and the use is the same, the granting of this variance will not be of substantial detriment to adjacent properties. 3. The condition or situation of the property is not so general or recurring as to make reasonably practicable to formulate a regulation which can be adopted as an amendment to the ordinance; and The subject property is substandard in width, but not area. Despite the fact that the two adjacent properties are of identical with and area, the condition of the property being of substandard width (and previous events resulting in the further reduction of the lot size) are not so general or recurring to formulate a regulation which can be adopted as an amendment to the ordinance. 4. Granting the variance would not result in a change in use that is otherwise not permitted or change the zoning classification of the property. The granting of a Variance would not result in a change in use or result in a change of the zoning classification of the property. COMMENTS FROM NEIGHBORS: As of the writing of this report, staff has received a 3 letters from neighbors stating they have no objection to the applicant s proposed development. CONCLUSION: The property has been developed as a single family dwelling, and the denial of this variance request would keep the applicants from making reasonable use of the property as a new single family residence. The granting of this variance would alleviate a hardship due to a physical condition relating to the property or improvements which existed upon the effective date of the zoning ordinance. The subject variance request may be the result of the applicants desires to re-develop their property; however, the inability for the applicant to re-build on their property with the existing use - 3 -

4 is unique and not of their own doing. The granting of the variance may not be a substantial determent, because the parcel s use would not change, and the variance would not result in a change in use that is otherwise not allowed in the zoning district. MOTION: I move that the Board of Zoning Appeals adopt the attached Proposed Resolution approving the Variance V VA-2. PROPOSED RESOLUTION WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on April 16, 2018 on case number V VA-2 for a Variance to permit the construction of a new single family dwelling on a lot that has a width of 50 feet instead of 80 feet as required; re a new two-story single family dwelling on an interior lot, R-10 Zoning District, premise known as 3644 North Vermont Street; and, WHEREAS, the BZA finds that the strict application of the Ordinance would produce undue hardship relating to the property; and, WHEREAS, the BZA finds that the condition of the existing non-conforming lot is not shared generally by other properties in the same zoning district and in the same vicinity; and, WHEREAS, the BZA finds that the proposal will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of a variance; and, WHEREAS, the BZA has determined that there is a hardship related to a pre-existing nonconforming situation, and that the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property and that the granting of the variance would not amount to a special privilege or convenience sought by the applicant. NOW, THEREFORE, BE IT RESOLVED that the BZA hereby approves Variance case number V VA-2, subject to the following: 1. The applicants agree that the project shall be constructed in accordance with the footprint shown on the survey, and the architectural drawings attached to the staff report dated April 13, 2018 and that no enlargement of 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 plats, which may include a wall check plat when the foundation is constructed and a final plat at the completion of the project, unless determined by the Zoning Administrator that such plats shall not be required. 3. The applicants agree that the front porch and rear deck shall not be built over or enclosed - 4 -

5 any further than is currently shown. 4. The applicant shall obtain a building permit to construct the structures permitted herein by April 16, 2019 or the Variance shall be null and void

V-11354-18-VA-2 3644 North Vermont Street.

00 Note: These maps are for property location assistance only.

6 V VA North Vermont Street 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

ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V-11250-17-UP-2: Meeting of April 19, 2017 DATE: April 14, 2017 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Robert and Tania