ARLINGTON COUNTY, VIRGINIA

Board of Zoning Appeals Agenda Item V-10408-10-UP-1

Meeting of July 7, 2010

DATE: July 1, 2010

APPLICANT:

LOCATION:

ZONING:

LOT AREA:

GLUP DESIGNATION:

Micaela Quispe

2718 South Troy Street

"R2-7," Two-family and Townhouse Dwelling District 2,850 Square Feet

"Low" 11-15 units per acre

SUBJECT: To permit a side yard of 7.5 ft instead of 10ft as required, re existing side entrance.

RECOMMENDATION: Adopt the attached Resolution approving the subject Use Permit, with conditions.

ORDINANCE REQUIREMENTS: Side and Rear Yards: For all single-family dwellings and their accessory structures: Ten (10) feet, provided that one (1) side yard may be reduced to eight (8) feet. The aggregate width of both side yards on any lot shall not be less than thirty (30) percent of the required width of the lot, provided that on interior lots no structure shall be located closer than twenty-five (25) feet from a rear lot line. (Section 32, Subsection D.2.b.)

EXISTING CONDITIONS: The subject property is a 28.5 foot wide interior lot containing 2,850 square feet of land area. The lot is zoned "R2-7", Two-family and Townhouse Dwelling Districts. This zoning district permits two-family dwellings on lots that are a minimum of 70 feet wide and contain at least 7,000 square feet of land area. The average lot width for each dwelling unit is 35 feet and the minimum area per dwelling unit is 3,500 square feet. The General Land Use Plan (GLUP) designation is "Low", 11-15 units per acre. The existing semi-detached dwelling has a wall in common with 2716 South Troy Street. The existing dwelling is located 25 feet from the South Troy Street right of way and approximately 11 feet from the left side lot line.

PREVIOUS BZA ACTIONS: None.

DISCUSSION: The applicant has constructed a side entryway 7.5 feet from the side lot line instead of 10 feet as required. The side entry measures 3.7 feet by 7 feet. The side entry was constructed as part of a l-story rear addition that was constructed by right. The applicant has stated that the entryway was constructed by mistake.

ST AFF ANALYSIS:

(1) Would the proposal promote compatibility of development with the surrounding neighborhood because the overall footprint size and placement are similar to the

Staff: Tony M. Burnette, Deputy Zoning Administrator, Zoning Administration V -10408-1O-UP-l

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 addition would be compatible with the surrounding neighborhood because the footprint size and placement are similar to structures on properties surrounding the subject property. The entryway is modest in size. The entryway is not located closer to the side lot line than the existing open porch on the left front of the dwelling. The proposal does not affect natural land form, historical features or significant trees and 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 "R2-7" for two-family and townhouse residences. The GLUP designation is "Low" 1-10 units per acre. The property is improved with a two-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: None.

CONCLUSION: The proposal would be compatible with the development on the surrounding properties and in accordance with the County's master plans. Therefore, staff recommends that the Board adopt the attached Resolution approving the Use Permit.

MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution granting Use Permit V-I 0408-1 0- UP-I, subject to the conditions listed in the Resolution.

- 2 -

RESOLUTION

WHEREAS, the Board of Zoning Appeals ("BZA") has held a duly advertised public hearing on July 7,2010 on case number V-10408-1O-UP-1 for a Special Exception Use Permit to permit a side yard of 7.5 ft instead of 10 ft as required by Section 32, Subsection D.2.d of the Arlington County Zoning Ordinance regarding an existing side entrance at the property located at 2718 South Troy Street;

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 the structures on the properties surrounding the property 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 a Special Exception Use Permit in case number V-10408-1O-UP-1, subject to the following:

1. The applicant agrees 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 July 1,2010 and that no enlargement of the structure/addition may be made in any dimension shown on the plat or architectural drawings.

2. The applicant shall obtain and provide to the Zoning Administrator a wall check plat, unless determined by the Zoning Administrator that a wall check plat shall not be required, at the time the foundation of the addition/structure is installed.

3. The applicant shall obtain a building permit to construct the addition/structure permitted herein by July 7,2011, or the Use Permit shall be null and void.

- 3 -

Arlington County, Virginia . MICAELA QUISPE

y --.=.;;;;;;;;;- .. ~ MENT OF COMMUNITY PLANNIN Permit #: ZADM10207

HOUSING AND DEVELOPMENT CPHD Case # :

ZO~;~~N~I~:~~~~ON 11111111111111111111111111111111111

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v

16

ARLINGTO

VlRGINIA

Case No. _

APPLICATION FOR USE PERMITS AND VAluAl~LJ'.,;:'

----., r" -r

DATE: 1'"£lo - '--r= ZO\O

I ~eA.~ ~ Occupant

We S£L Contract Owner

of Lot(s) "7 Block Sec. i Subdivision to~ e:.r{.1AAdt f'.c1 r l<

premises known as ~ 11 't:. s, TV""ol",j *! Civic Association L 0 Vfj) e."Y(lvv\i/~ C,.Ce....e...-\;

hereby apply for a Use Permit ~ Variance __ to Section 3Z Subsection 1) 2. of the Zoning Ordinance as contained in

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BOARD OF ZONING APPEALS 2100 Clarendon Blvd, Suite 1000 Arlington, Virginia 22201

the appendix of the Arlington County Code to permit

f!0~ & ~O' -\--'0 ":f' - r;,n. ~ ('

Owner

Lot Coverage: Existing -::r ~'3

Proposed \ '2.1-3

44·6~ Proposed,_L_O_3_l_,--_3~b:,_'_~_;__%

Main Building Footprint: EXisting_4-"..ot_\ __ '_1_. 2_& ~

Make checks payable to: Treasurer of Arlington County

ZONE~'" \

PROPOSAL FILED L\ \ ~ ~~

FEE DEPOSITED l1rk ,F\\)

C.R.I.F. NO.R\~'9S:m FEE\~'1{)/~

RECEIVED BY ~'

Previous Cases, _

Print Name ~Ga~\~ Qvi~e.

Signature I)/Ll ~4 £~~<

Address 21 \8 S T j(O~ ?t

Zip '21:Z0b Day time Telepbone 5,1 \ Z~9 340"28

Agent Contact Information:

Name;:te-\\ X 5e:rro._\A() Title b ~t1~ . Address :t:t?S ~,,~~CWVt 1>(' l)~~ \;r--{ Zip '1.. 2-0 *'2 Telephone ~~ b~S O&~

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(READ INFORMATION AND INSTRUCTIONS CARE FULL Y)

rev. 07101/09

Information and Instructions Variance and Use Permit Applications

Hearings and Filing Deadlines

• The BZA holds a scheduled public hearing on requests for variances and use permits each month (except January) starting at 7:00 p.m. in Room 307, #1 Courthouse Plaza, 2100 Clarendon Boulevard, unless otherwise noticed.

• Applications (available in Room 810 at 2100 Clarendon Blvd) must be filed with Zoning Administration for review and processing in accordance with the Board of Zoning Appeals, Variance and Use Permit Filing & Public Hearing Dates schedule. A consent letter from the property owner is required if the applicant is not the current owner. Although you may submit a variance or use permit application at any time, if you are attempting to apply for a particular BZA meeting date a complete application must be filed in accordance with the Board of Zoning Appeals, Variance Late or incomplete Applications will not be accepted.

• Early filings and consultation with zoning staff is advisable to determine the nature, need, and suitability of any variance or use permit request.

• Adjacent property owners are notified of the request by mail. The property and the immediate neighborhood will be posted.

A Public Notice describing each request is published twice in the Washington Times prior to the hearing.

• Applications and required materials will be available for public examination in the Office of the Zoning Administrator, Room

810, at 2100 Clarendon Boulevard. .

Filing Fees (effective July 1,2009)

• Additions to Existing Single Family Dwellings - $337 for 1st subsection. Each additional subsection is an additional $67.

• New Single Family Dwellings - $2,662 for 1st subsection. Each additional subsection is an additional $532.

• Building Location Error for New Structures - $4,003. Does not apply to errors in fence or accessory structure placement.

• High Density Residential, Town Houses, Garden Apartments, Office Buildings, Other Commercial Buildings - $3,316 for 1st subsection. Each additional subsection is an additional $663.

• Variance or Use Permit Applications made by Non-profit Organizations & for Non-profit Institutional Uses - $277.

• Appeals to Determinations of the Zoning Administrator - $542.

• AUTOMATION ENHANCEMENT FEE - 10% OF TOTAL FEES.

• The fees must accompany the Application. It is refundable if withdrawn prior to preparation of the Public Notice for the request, about three weeks before the hearing.

The Application - One Copy Each of the FOllowing:

• Application Form: A fully completed application form.

• . A Certified Survey Plat of the subje-ct property prepared bya surveyor or engineer licensed by the Commonwealth of Virginia showing:

1. All existing structures on the site including additions, sheds, decks, garages, porches, stoops, swimming pools, etc. with dimensions to lot lines; and all driveways and parking and maneuvering space.

2. All proposed improvements drawn to scale with dimensions indicated (e.g. porches, garages, sheds, air conditioning units, room additions and new dwellings).

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101109

Disclosure Statement

TYPE OR PRINT IN INK

No. _

Case

Complete the following:

1. Description of the real estate affected

List the addresses of all property that is affected by the application. Provide the lot, block, section, and sub-division of all parcels only if the properties have not been subdivided.

Addresstes) S __ ~_(i_D_~'i:---~-k--------------

Lous) __ ....;_~ BloCk:.___ ____:-----

Section __ ~ Subdivision JA)~", }7("tt\A.cL1 P41" k .

2. Is the owner of said real estate, a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders?

YES

If "Yes," give the name of the corporation and skip to item 4

3. List the names, addresses, and nature of interest of ALL persons having equitable ownership of the real estate to be affected, including, in the case of corporate ownership, the names of stockholders, officers, and directors; and of ALL parties in interest.

PARCEL ADDRESS NAME ADDRESS NATURE OF INTEREST
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'2.~Z'OfO 4. I hereby certify that this is a true and accurate disclosure of all persons having equitable ownership real estate to be affected and of all the parties in interest.

Applicant's signature;1/.-4:~· ~(I;1f1.. Applicant's address Z:::f IS ~ Trot-{ st .

. k h. L.. • VA ~7..~D6 /I _~ J

STATE OF VIRGINIA, COUNTY OF M_,~/J TO WIT: HI eqrz(~ Q.vr~

Subscribed and sworn before me this / ~ day of ¥tJI ,20 10

IONS CAREFULLY)

rev. 07101109

August 14, 2000

TO:

APPLICANTS FOR PUBLIC HEARING CASES

FROM: EMORY C. RUSSELL, JR.

SUBJECT:

Disclosure Statement for Public Hearings of County Board Planning Commission and Board of Zoning Appeals

As an applicant for a case that will be considered by the County Board or the Board of Zoning Appeals (Rezonings, Site Plan Approvals and Admendments, Use Permits and Amendments, and Variances), you are required to file a complete disclosure of the equitable ownership and parties interest of the real estate that is the subject of the application. This requirement is contained in Section 36, Subsections E-5, F-6, G-7, and H-7 of the Arlington County Zoning Ordinance and Title 15.2 of the Code of Virginia. The purpose of the Disclosure Statement is to document the ownership interests of the property or properties that are the subject of the application. The following information is provided to assist you in preparing an accurate and complete Disclosure Statement which will help avoid otherwise unnecessary deferrals of the public hearing date for which you have filed your application.

A complete Disclosure Statement must be filed with your application by the FINAL FILING DEADLINE for you application to be complete and therefore accepted for processing. The Statement must be notarized. (It does not have to be notarized in Virginia.) It is very important that you review your Disclosure Statement for accuracy and completeness before you file it with the County. As with all application information, the Disclosure Statement is available to the public for review.

Particular attention should be paid to the following elements of your statement:

> Partnership information must list all General and Limited Partners and be broken down successively until ONLY INDIVIDUAL PERSONS are listed.

> Corporate information and all stockholders (except those that are traded on a national or local stock exchange and have more than 500 shareholders) must list the names of officers and directors of the corporation. For Corporations that are not traded on a national or local stock exchange, stockholders must be identified as well.

> Whenever a trust is listed, the beneficiaries must be identified.

> Addresses of partnerships, corporations, trusts, etc. must include the street address or post office box number, city, state, and zip code. Telephone numbers are not required.

> Identification of the interest of the persons and firms listed. This should identify the nature of the interest (ie. Owner, contract owner, lessee, general or limited partner, beneficiary, mortgage holder, etc.). The percent of interest is not required.

(READ INFORMATION AND INSTRUCTIONS CAREFULLY)

rev. 07101109

April 16, 2010

DEPARTMENT OF COMMUNITY PLANNING, HOUSING AND DEVELOPMENT

APPLICATION FOR USE PERMIT

BOARD OF ZONING APPEALS

2100 Clarendon Blvd, Suite 1000

Arlington, Virginia 22201

I have a house in sole ownership located at 2718 South Troy St, Arlington VA 22206 in which I built an addition of a family room on the back of the house.

The lateral setbacks of my lot are 10 feet, but I build the entrance of the addition with a setback of 7'-5", and 7'-0" wide.

The existing house has a covered stoop that has been there since the construction of the existing house, and the side entrance projection try to match the existing side entrance.

I hope to maintain this feature in the house, and thank you for your consideration.

Thank You,

MICAELA QUISPE

7035210164

703 269 3628 Mobile

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V-10408-10-UP-1

2718 S Troy St. (Long Branch Creek)

Note: These maps are for property location assistance only. They may not represent the latest survey and other information.

I~case ~ Location(s)

Department of Community Planning, Housing and Development

Planning Division