ARLINGTON COUNTY, VIRGINIA

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ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V-11331-17-UP-1: Meeting of April 25, 2018 DATE: April 20, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Silvester

1 ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item V UP-1: Meeting of April 25, 2018 DATE: April 20, 2018 APPLICANT: LOCATION: ZONING: LOT AREA: GLUP DESIGNATION: Silvester Godolja & Elda Godolja 1 North Fenwick Street R-6, One-Family Dwelling District 11,729 Square Feet Low 1-10 units per acre SUBJECT: Use Permit request by Silvester Godolja & Elda Godolja, Owners to allow a setback of 5 feet to the wall of a detached accessory building (4 feet to the eaves) instead of 25 feet to the wall (21 feet to the eave) from both the Arlington Boulevard right-of-way and the North Fillmore Street right-of-way, and to permit a structure between 3 feet and 10 feet high within the triangle for vison clearance at the corner of the lot. re new one-story detached accessory building on a lot with three right-of-way frontages, "R-6" Zoning District, premise known as 1 North Fenwick Street (Lyon Park) RECOMMENDATION: Adopt the attached Proposed Resolution denying the Use Permit request. Two additional proposed resolutions have been provided if the BZA should decide to approve the request. 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 line (Article 3, Section A.1.(e). Residential setbacks for irregular lots. (Zoning handout) Staff: Stephen Risse, Board of Zoning Appeals Coordinator V UP-1

2 EXISTING CONDITIONS: The subject property is an approximately 88.8-foot-wide lot with adjacent rights-of-way on three sides, containing 11,729 square feet of land area. The lot is Zoned R-6, One-Family Dwelling District. The R-6 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 Residential Low 1-10 units per acre. County records indicate that the existing single family dwelling was constructed in The existing dwelling is located 40.2 feet from the North Fenwick Street right-of-way, 40.9 feet from the Arlington Boulevard right-of-way and 30.3 feet from the North Fillmore Street right-of-way, and 7.8 feet from the adjacent property line. PREVIOUS BZA ACTIONS: V : In January 1989, the Board of Zoning Appeals granted a variance to permit a setback of 46 feet from the centerline of North Fillmore Street instead of 50 feet as required, regarding the addition of a storage shed to the side of the dwelling. V VA-1: In December 2017, the Board of Zoning Appeals denied a Variance request to permit a main building footprint of 3,212 square feet instead of 2,520 square feet as required, re new front and side addition and new second story over existing first story walls. V UP-1: In December 2017, The Board of Zoning Appeals deferred a Use Permit request to allow a setback of 8.5 feet to the wall of a sunroom addition instead of 10 feet as required, and to permit a setback of 5.84 feet to the eaves of a new 2 nd story addition, instead of 6 feet as required, re new front and side addition and new second story over existing first story walls on a lot with three right-of-way frontages. PROPOSED CHANGES: The applicants are proposing to construct a 484 square foot (22 ft. x 22 ft.) one story detached accessory building (garage) on their property. The walls of the proposed garage will be located 5 feet from the North Fillmore Street right-of-way and 5 feet from the Arlington Boulevard right-of-way. It is worth noting that because of the placement of the existing trail within the 200-foot-wide Arlington Boulevard right-of-way, the garage which will be located behind the jogging trail may not be a hindrance to the vehicular or pedestrian visibility at the intersection of N Fenwick Street and Arlington Boulevard despite technically being located within 5 feet of both rights-of-way. STAFF ANALYSIS: 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 proposed detached accessory building may be compatible with the surrounding area, because the proposed footprint of 484 square feet would be larger than the footprints of some existing accessory buildings on surrounding properties, and smaller than the footprints of accessory buildings on other surrounding properties. See the table below for a sampling of some of the footprints of other detached accessory buildings in the surrounding area

Address Detached accessory building Lot Location footprint 200 N. Fillmore Street 294.84 square feet Corner 22 S. Fillmore Street 408 square feet Interior 133 N. Fillmore Street 455.

3 Address Detached accessory building Lot Location footprint 200 N. Fillmore Street square feet Corner 22 S. Fillmore Street 408 square feet Interior 133 N. Fillmore Street square feet Corner 209 N. Fillmore Street square feet Interior 38 N. Fenwick Street square feet Interior nd Street South 720 square feet Corner However, the proposed placement of the detached accessory building in regards to the adjacent right-of-way lines may not be compatible with the placement of other structures in the surrounding area. Many structures on both North and South Fillmore Streets have right-of-way setbacks reduced below the requirements set forth in the current Zoning Ordinance. (See table below). However, staff was unable to certify any setbacks equal to or less than the setback of 5 feet currently requested by the applicants. Address Right-of-way Setback Distance From Lot Location 22 S. Fillmore Street S. Fillmore St 6.5 feet House Interior 400 S. Fillmore Street S. Fillmore St Apx. 7 feet Shed Interior nd St. South S. Fillmore St feet Porch Corner 206 N. Fillmore Street N. Fillmore St. 14 feet House Interior 210 N. Fillmore Street N. Fillmore St. Apx. 14 feet House Interior 200 N. Fillmore Street N. Fillmore St. 14 feet Porch Corner 105 S. Fillmore Street S. Fillmore St feet House Interior It should be noted that there are additional addresses for which staff was unable to obtain a plat and certify reduced setbacks along S. Fillmore Street. In particular, based off of GIS observation, the dwellings at 2, 10, and 113 S Fillmore street all appear to have setbacks that may be comparable to the setbacks requested by the applicants for their detached accessory building

Additionally, based off of Google street-view photos, there appears to be more than one detached accessory structure located at 17 S Fenwick Street.

4 Additionally, based off of Google street-view photos, there appears to be more than one detached accessory structure located at 17 S Fenwick Street. At that address, the closest detached accessory structure may have a setback comparable to the requested 5-foot setback that the applicants are seeking for their garage. Lastly, the proposed detached accessory building will be located in proximity to some trees that the applicants have stated they believe are planted in the Arlington Boulevard rightof-way. These trees are not located on the applicant s plat, so it is not possible to tell exactly how close the proposed garage will be built to the existing trees, or on which side of the property line the tree are located. None of the trees are included in the list of Arlington County s champion trees, nor the list of Arlington County s significant trees. Four of the eight trees on-site are listed as Arlington County street trees; however, those trees are all shown across the trail, closer to Arlington Boulevard. 2. Would the proposal adversely affect the health or safety of persons residing in the neighborhood? Given that the proposed garage will be built behind existing vegetation along N. Fillmore Street, and behind the trees and running trail adjacent to Arlington Boulevard, this proposal seems to have little (if any) adverse effect on 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? - 4 -

5 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, for single family residences. The GLUP designation is Low 1-10 units per acre. The property is improved with a single family dwelling which is permitted by the Zoning Ordinance and is in accordance with the GLUP. The proposal is therefore not in conflict with the purposes of the master plans and the land use and zoning related policies of the County. COMMENTS FROM NEIGHBORS: As of the writing of this report, Staff has received one letter signed by three of the adjacent neighbors supporting the applicant s proposal. CONCLUSION: The proposal may not promote compatibility of development with the surrounding neighborhood because staff found no evidence of any other structures along North and South Fillmore Street equal to or less than the 5 that the applicants are requesting. Therefore, staff recommends that the Board of Zoning Appeals adopt the Proposed Resolution denying the Use Permit. Two Alternative Proposed Resolutions have been provided should the Board decide to approve the application. The first proposed alternative resolution is to approve the accessory building with a setback of 6.5 feet from N. Fillmore Street, which was the closest setback staff was able to find along Fillmore Street. The second alternative proposed resolution is for approval of the Use Permit request as advertised. MOTION: I move that the Board of Zoning Appeals adopt the attached Proposed Resolution denying the Use Permit V UP-1. PROPOSED RESOLUTION (Denial) WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on April 25th, 2018 on case number V UP-1 for a Special Use Permit to allow a setback of 5 feet to the wall of a detached accessory building (4 feet to the eaves) instead of 25 feet to the wall (21 feet to the eave) from both the Arlington Boulevard right-of-way and the North Fillmore Street right-of-way, and to permit a structure between 3 feet and 10 feet high within the triangle for vison clearance at the corner of the lot. re new one-story detached accessory building on a lot with three right-of-way frontages, "R-6" Zoning District, premise known as 1 North Fenwick Street; 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, - 5 -

6 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 not compatible with development in the surrounding neighborhood and that the structure s overall footprint size and placement are not 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 denies Special Use Permit case number V UP-1. ALTERNATIVE PROPOSED RESOLUTION 1 (approval with setback of 6.5 feet from N. Fillmore Street) WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on April 25, 2018 on case number V UP-1 for a Special Use to allow a setback of 5 feet to the wall of a detached accessory building (4 feet to the eaves) instead of 25 feet to the wall (21 feet to the eave) from both the Arlington Boulevard right-of-way and the North Fillmore Street right-of-way, and to permit a structure between 3 feet and 10 feet high within the triangle for vison clearance at the corner of the lot. re new one-story detached accessory building on a lot with three right-of-way frontages, "R-6" Zoning District, premise known as 1 North Fenwick Street; and, WHEREAS, the BZA finds that the proposal will not adversely affect 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 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 April 20, 2018, except that the building shall be located no closer than 6.5 feet from the N. Fillmore street right-of-way, with an eave 5.5 feet from the N. Fillmore Street right

7 of-way, 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 shall obtain a building permit to construct the structure permitted herein by April 25, 2019 or the Use Permit shall be null and void. ALTERNATIVE PROPOSED RESOLUTION 2 (approval as advertised) WHEREAS, the Board of Zoning Appeals ( BZA ) has held a duly advertised public hearing on April 25, 2018 on case number V UP-1 for a Special Use Permit to allow a setback of 5 feet to the wall of a detached accessory building (4 feet to the eaves) instead of 25 feet to the wall (21 feet to the eave) from both the Arlington Boulevard right-of-way and the North Fillmore Street right-of-way, and to permit a structure between 3 feet and 10 feet high within the triangle for vison clearance at the corner of the lot. re new one-story detached accessory building on a lot with three right-of-way frontages, "R-6" Zoning District, premise known as 1 North Fenwick Street; and, WHEREAS, the BZA finds that the proposal will not adversely affect 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 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 April 20, 2018 and that no enlargement of the structure/addition may be made in any dimension shown on the plat or architectural drawings

8 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 shall obtain a building permit to construct the structure permitted herein by April 25, 2019 or the Use Permit shall be null and void

V-11331-17-UP-1 1 North Fenwick St. 18081001 Case Location(s) Scale: 1: 1,200.

They may not represent the latest survey and other information.

9 V UP-1 1 North Fenwick St 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

Zoning Permits 11-1 ZONING PERMITS

Zoning Permits 11-1 ZONING PERMITS (a) Building or structures shall be started, repaired, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator and a building