ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V UP-5: Meeting of February 21, 2018 DATE: February 16, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Elaine Kapusta st Road North R-5, One-family, Restricted Two-Family Dwelling District 5,205 Square Feet Low 1-10 units per acre SUBJECT: Use Permit request to permit a setback of 10 feet to the eave of a new third-floor addition from the 21 st Road North right-of-way instead of 25 feet as required, and to permit a building in excess of 2 ½ stories within 25 feet of a street right-of-way; re new third-story addition above the existing second-story walls. RECOMMENDATION: Defer the Use Permit to the September 2018 BZA hearing. ORDINANCE REQUIREMENTS: For all one- and two-family dwellings and their accessory structures: No structure shall be located less than 25 feet from any street right-of-way. (Article 3, Section A.1.(e) No structure located within 25 feet of a street right-of-way line shall exceed 2 ½ stories. (Article 3, Section A.1.(e)(3) The provisions of this section shall not preclude construction, within applicable height limits, of an addition over an existing one family dwelling encroaching on a required setback or yard area provided there is no more of an encroachment into the required setback or yard than that of the existing wall below it, and providing that new construction may not take place over encroaching garages or porches. (Article 16, Section A.) 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) EXISTING CONDITIONS: The subject property is a 50-foot wide interior lot containing 5,205 square feet of land area. The lot is Zoned R-5, One-family, Restricted Two-Family Dwelling District. This zoning district permits two-family dwellings on lots that are a minimum of 70 feet Staff: Stephen Risse, Board of Zoning Appeals Coordinator V UP-5

2 wide and contain at least 8,700 square feet of land area. The General Land Use Plan is Low 1-10 Units per acre. County records indicate that the existing two-story detached duplex was constructed on the lot in The existing dwelling is located approximately 11.5 feet from the 21 st Road North right-of-way, 12.1 feet from the right side property line, 7.4 feet from the left side property line, and approximately 50 feet from the rear property line. According to the 1950 Zoning Ordinance, duplexes were permitted in the R-5 Zoning District. The Ordinance was amended in 1969 permitting duplexes with the approval of a Use Permit by the County Board; therefore, this duplex is legally non-conforming. The duplexes located at 4133, 4137, 4141, 4145, and st Road North are all exactly the same as the subject unit and have nearly the same side yard and street setbacks. PREVIOUS BZA ACTIONS: V UP-5. On November 15, 2017, the Board of Zoning Appeals deferred the subject Use Permit to the February 2018 hearing. V UP-5. On April 19, 2017, the Board of Zoning Appeals deferred the subject Use Permit to the October 2017 meeting. V UP-5. On February 8, 2017, the subject Use Permit was deferred to the April 2017 hearing in order for the applicant to revise the proposal. V UP-5. On December 14, 2016, the subject Use Permit was deferred to the February 2017 hearing in order for the applicant to revise the proposal. V UP-5. On October 12, 2016, the subject Use Permit was deferred to the December 14, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On August 10, 2016, the subject Use Permit was deferred to the October 12, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On July 13, 2016, the subject Use Permit was deferred to the August 10, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On June 15, 2016, the subject Use Permit was deferred to the July 13, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On May 11, 2016, the subject Use Permit was deferred to the June 15, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On April 13, 2016, the subject Use Permit was deferred to the May 11, 2016 hearing in order for the applicant to revise the proposal. V UP-5. On February 17, 2016, the subject Use Permit was deferred to the April 13, 2016 hearing in order for the applicant to revise the plans. V UP-4. On November 12, 2014, a Use Permit request to permit a setback of 6 feet to the chimney, 6.2 feet to the eave, and 7.4 feet to the wall of the existing building and 8.9 feet to - 2 -

3 the new two-story addition from the left side property line instead of 12 feet as required, and 10.5 feet to the eave, and 11.5 feet to the wall of the existing building from the 21st Road North rightof-way instead of 25 feet as required for the construction of a new two-story rear addition on an existing non-conforming two-family dwelling was denied. V UP-3. On June 11, 2014, a Use Permit request for a setback of 6 feet to the chimney, 6.2 feet to the eave, and 7.4 feet to the wall of a new 3 rd -story addition and the existing building from the left side property line instead of 12 feet as required, and 10.5 feet to the eave, and 11.5 feet to the wall of a new 3 rd -story addition and the existing building from the 21 st Road North rightof-way instead of 25 feet as required, and to permit a structure that exceeds 2 ½ stories within 25 feet of a right-of-way line for the construction of a new third-story addition on an existing nonconforming two-family dwelling was denied. V UP-2. On February 13, 2014, a Use Permit request for a setback of 6 feet to the chimney, 6.2 feet to the eave, and 7.4 feet to the wall of a new 3 rd -story addition and the existing building from the left side property line instead of 14 feet as required, 9.5 feet to the balcony, 10.9 feet to the eave, and 12.1 feet to the wall of a new 3 rd -story addition and the existing building from the right side property line instead of 14 feet as required, and 10.5 feet to the eave, and 11.5 feet to the wall of a new 3 rd -story addition, the existing building, and the bay window from the 21 st Road North right-of-way instead of 25 feet as required, and to permit a structure that exceeds 2 ½ stories within 25 feet of a right-of-way line for the construction of a new third-story addition, a right side balcony, and a new front bay window on an existing non-conforming two-family dwelling was denied. V UP-1. On May 19, 2013, a Use Permit was approved permitting a setback of 9.8 feet to the eave and 10.8 feet to the wall of a new second-story addition, and 11.5 feet to two bay windows from the 21 st Road North right-of-way instead of 25 feet as required for the construction of a new second-story addition and two new bay windows on the front of the home. PROPOSED CHANGES: Plans show that the second kitchen on second floor will be removed, making this a legal one-family dwelling. The applicant is proposing to construct a new third-story addition above the second-floor walls. The new addition will measure 24.2 feet wide by 52.2 feet deep (1,200 total square feet). The eave of the new addition will be located 10 feet from the 21 st Road North right-of-way while the wall of the addition will be located 10 feet from the street rightof-way. A three-story addition with decks on the first and second floors has been proposed for the rear of the home however these improvements may be approved by-right. COMMENTS FROM NEIGHBORS: As of the writing of this report, staff has received three letters of opposition submitted by neighbors who are opposed to the applicant s construction activities, and the current request before the Board of Zoning Appeals. DISCUSSION: The applicant has submitted an dated 1/19/2018 indicating their wishes to defer the request to the September, 2018 BZA hearing. PROPOSED MOTION: I move that the Board of Zoning Appeals defer the Use Permit V UP-5 to the September 2018 BZA hearing

4 Stephen Risse From: Sent: To: Subject: Lynn Kay Friday, January 19, :33 PM Stephen Risse 4133-Arlington County BZA Stephen, it now appears that both my contractor and the architect are no longer available for helping me to plan And I am still dealing with trying to do 4132 and now also will be doing 4145, too, for submitting plans next week for interior permit work. My hands are so very full to even try to begin to figure out Stephen, I am not sure if this is possible or not, but it would be really great if l could please ask for a deferral until September 2018 because everything will all be completely done with the other homes and then we can completely concentrate on Thanks, Stephen, for your consideration in this matter. Lynn On Friday, January 19, 2018, Stephen Risse <srisse@arlingtonva.us> wrote: Good afternoon Lynn, We have started working on the agenda for our February 2018 BZA hearing and I wanted to reach out to you to see what your intentions are for the February BZA meeting. If you want to set up a meeting to discuss your application, I am happy to meet with you, just let me know when a good time would be to meet. I ll be looking to send the notice to the newspapers a week from Monday so that it can run on the 31 st, so I am hoping we can settle everything by then. As always if you have any questions about the process, feel free to reach out to me here at srisse@arlingtonva.us Thanks, Stephen Stephen Risse 1

5 Board of Zoning Appeals Coordinator, Department of Community Planning, Housing & Development 2100 Clarendon Boulevard, Suite 1000, Arlington, Va Tel: (703) Fax: (703)

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