ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V-11185-16-UP-1: Meeting of October 12, 2016 DATE: October 7, 2016 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Elizabeth Taylor 3829 9 th Street South R-6, One-Family Dwelling District 15,681 Square Feet Low 1-10 units per acre SUBJECT: Use Permit request to permit a setback of 4.5 feet from the left side property line instead of 8 feet as required and an aggregate side yard of 15.8 feet instead of 18 feet as required; re new one-story left side addition. RECOMMENDATION: Adopt the attached Resolution granting the subject Use Permit, with conditions. ORDINANCE REQUIREMENTS: 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 3.2.6.A.2(b) EXISTING CONDITIONS: The subject property is a 50.26-foot wide interior lot containing 15,681 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 real estate records show that the existing two-story detached single-family dwelling was constructed in 1934 and a 20 x 16 rear addition in 1965. The existing dwelling is located 45.3 feet from the 9 th Street South right-of-way, 11.3 feet from the right side property line, 4.6 feet from the left side property line, and 224.1 feet from the rear property line. PREVIOUS BZA ACTIONS: V-11185-16-UP-1 was deferred at the September 14, 2016 meeting so that the applicant could have a surveyor draw the proposed addition in order to accurately identify the proposed setback of the addition to the property line. PROPOSED CHANGES: The applicant is requesting to construct a new one-story rear addition measuring 11 feet wide by 16 feet deep (176 square feet). The setback proposed and shown on the plat is 4.5 feet. STAFF ANALYSIS: Staff: Amanda Clement, Acting Board of Zoning Appeals Coordinator, Zoning Administration V-11185-16-UP-1
(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 proposal would be compatible with the surrounding neighborhood because the overall footprint size and placement would be similar to the structures on the properties surrounding the subject property (see chart below). Address Structure Side Yard Setback Approval 3825 9 th 2-story single family St S 4.0 dwelling By-right 3824 9 th St S Single family dwelling 5.2 By-right 3832 9 th St S Single family dwelling 6.4 By-right 3812 9 th St S Single family dwelling 4.5 By-right Staff is supportive of the proposal because the proposed addition will be in-line with the existing house and will only encroach 0.1 feet further into the left side yard due to the fact that the existing home is not perfectly parallel to the left side boundary. Furthermore, the proposal would not affect natural land form, historical features, or significant trees or 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, which permits 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: Staff has received one (1) statement in support of the proposal. - 2 -
CONCLUSION: The proposal would promote compatibility of development with the surrounding neighborhood because the overall footprint size and placement would be similar to the structures on the properties surrounding the subject property, therefore Staff recommends that the Board adopt the attached Resolution granting the Use Permit. MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution approving the Use Permit V-11185-16-UP-1 subject to the conditions listed in the Resolution. - 3 -
RESOLUTION WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on October 12, 2016 on case number V-11185-16-UP-1 for a Special Use Permit to permit a setback of 4.5 feet from the left side property line instead of 10 feet as required by Article 3, Section 3.2.6.A.2.(b) of the Arlington County Zoning Ordinance and an aggregate side yard of 15.8 feet instead of 18 feet as required by Article 3, Section 3.2.6.A.2.(b) of the Arlington County Zoning Ordinance for the construction of a new one-story rear addition on the premises known as 3829 9 th Street S; 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 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-11185-16-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 7, 2016 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 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 new addition shall not be built over. 4. The applicants shall obtain a building permit to construct the structure permitted herein by October 12, 2017 or the Use Permit shall be null and void. - 4 -