ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 27, 2007 DATE: January 12, 2007 SUBJECT: U-3168-06-1 USE PERMIT for density for a condominium conversion; premises at 1127 and 1129 North Stuart Street. (RPC #14-023-006, -021) Applicant: 1127 North Stuart, LLC By: James T. Zelloe, Attorney Stahl, Forest and Zelloe PC 11350 Random Hills Road Suite 700 Fairfax, VA 22030 C.M. RECOMMENDATION: County Manager: County Attorney: Staff: Jill Griffin, Planning Division, DCPHD Approve the proposed use permit request to allow conversion of the site from an apartment to a condominium. ISSUES: None. SUMMARY: This use permit, as required by the Arlington County Zoning Ordinance, is for the conversion of a residential apartment to a condominium where the land, buildings or structures do not comply with the zoning regulations. The subject apartment building was constructed in 1952 in compliance with the then-current Zoning Ordinance and zoning district. The building was already vacant upon the purchase of the property by the applicant. The minor nonconformities associated with this site have existed on the site for more than 50 years without complaints and no adverse impacts are anticipated through the proposed conversion. Therefore, it is recommended that the use permit be approved.
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BACKGROUND: The apartment building was constructed in 1952 in compliance with the then-current Zoning Ordinance under the provisions of RA8-18. In July 1978, the County Board, on its own motion, rezoned a large portion of property, including the subject site, from North Quincy Street to North Vermont Street and from Washington Boulevard to 11 th Street North, to R15-30T in accord with the General Land Use Plan. With this action, the apartment building, with its eight units, became a non-conforming use. The property, in its current vacant condition, was purchased in April 2006 by the applicant. The applicant proposes to upgrade the present structure and improve the appearance of the building. Renovations will include upgraded electrical systems, new kitchens, updated bathrooms and new flooring. Site: The 11,325 square foot (0.26 acre) site is located on the east side of North Stuart Street between its intersections with Washington Boulevard to the north and 11 th Street North to the south. This site is within the Ballston Metro Station area. The site is developed with a twostory (with an exposed lower level) building with parking located at the rear of the building. The parking is accessed from an alley which is entered from Washington Boulevard. Properties to the north, south, east and west are all designated Low-Medium Residential on the General Land Use Plan (16-36 units per acre) and are zoned R15-30T Residential Town House Dwelling Districts. Zoning: R15-30T Residential Town House Dwelling Districts Land Use: Low-Medium Residential (16-36 units per acre) Neighborhood: The site is located within the Ballston-Virginia Square Civic Association. The new owners wish to convert the property from an apartment building to a condominium. Therefore, they are required to apply for condominium registration pursuant to Virginia Code 55-79.89. A registration requirement includes a statement of the zoning regulations affecting the use of the converting property. Per State law, local jurisdictions may require any nonconforming conversion condominium to obtain a special use permit. In this case, Arlington County s Zoning Ordinance requires this conversion to condominium to obtain a special use permit [Arlington County Zoning Ordinance Section 31.A.9], when the land, buildings or structures do not comply with the zoning regulations. The subject apartment does not conform to current County standards it was built in 1952, prior to the County Board, on its own motion, rezoning the property to R15-30T. The Condominium Act addresses situations where apartment converting to condominiums do not meet local zoning regulations. The Condominium Act provides that: A request for such special use permit, a special exception, or variance filed on or after July 1, 1982, shall be granted if the applicant can demonstrate to the reasonable satisfaction of the local authority that the U-3168-06-1-3 -
nonconformities are not likely to be adversely affected by the proposed conversion. No action on any such request shall be unreasonably delayed... Virginia Code 55-79.43(E). DISCUSSION: Arlington Code, Section 31.A.9 specifically addresses apartment conversion to condominium: Condominium and Cooperative Conversion : Whenever any land, buildings or structures or the use thereof are proposed to be converted to condominiums or cooperatives and such land, buildings or structures do not conform to the regulations of this zoning ordinance, then before such proposed conversion may take place, a special exception use permit pursuant to Section 36, subsection G, hereof shall be obtained unless a variance of the requirements of zoning or land use regulations which may be granted by the board of zoning appeals pursuant to Chapter 11 of Title 15.1 of the Code of Virginia is, in fact, granted. A request for such a special exception or variance filed after July 1, 1982 shall be granted if the applicant can demonstrate that the continuance of any existing nonconformities, as proposed by the conversion, is not likely to affect adversely the property or adjacent properties, the intention of the comprehensive plan, or the public welfare or safety. The project, developed with eight units, has a density of 30.77 units per acre. While this density is within range of the General Land Use Plan designation, the density is not permitted under the R15-30T district. The current zoning district only permits properties, with a site area between 5,808 square feet to 17,424 square feet, to develop via the site plan process at a density of up to 15 units per acre for town houses or semidetached dwellings. The use, a multi-family dwelling, is not permitted in the R15-30T district and is therefore non-conforming. Section 35.B.1 of the Zoning Ordinance addresses the continuation of nonconforming use of buildings. This property meets the established requirements and may continue to be used as a multi-family dwelling. In addition to density, there are four additional nonconformities which include: 1) minor frontyard setback discrepancies of 22.3 feet compared to the required 25 feet; 2) the lot is situated at 47.3 feet from the centerline of the street compared to the required 50 feet; and 3) the development was constructed with nine parking spaces which meet the zoning ordinance requirement of 1.125 spaces per unit for apartment buildings. However, the parking spaces are 7.8 feet by 17.8 feet as compared to the 8.5 feet by 18 feet standard. The parking spaces have been used by former occupants of the building without any complaint. Finally, 4) the coverage of the lot is 57 percent, more than the maximum of 56 percent. Staff has concluded that the continuation of the nonconformities will not adversely affect this or adjacent properties for the following reasons: The property has been operating with these conditions for over fifty years and the proposed change in ownership form is not expected to change the operation of the property; U-3168-06-1-4 -
The nonconforming conditions are similar to those on other properties in the neighborhood and therefore are in keeping with the character of the neighborhood; and Because of the nonconforming status of this building, the property owners could not demolish the building and built at the same density. CONCLUSION: In April 2006, new owners purchased a vacant, eight-unit apartment building in an R15-30T district. The new owners wish to convert the apartment to a condominium form of ownership. Because the existing conditions have been in regular and continuous use for 50 years without complaint, none of the nonconforming conditions are likely to be adversely affected by the proposed conversion. Therefore, it is recommended that the use permit to allow conversion of this site from a cooperative to a condominium be approved. U-3168-06-1-5 -
PREVIOUS COUNTY BOARD ACTIONS: July 29, 1978 Rezoning from RA8-18 to R15-30T on the County Board s Own Motion (Z-2126-78-5). U-3168-06-1-6 -