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ARLINGTON COUNTY, VIRGINIA Board of Zoning Appeals Agenda Item ‘V-10423-10-UP-1 Meeting of August 11, 2010 DATE: August 6, 2010 APPLICANT: Alem Bantayehu LOCATION: 668 29" Road South ZONING: “R-6,” One-family Dwelling District LOT AREA: 10,179 Square Feet GLUP DESIGNATION: — “Low” 1-10 units per acre SUBJECT: To permit a right side yard of 4 ft instead of 8 ft as required, a left side yard of 9.9 ft instead of 10 ft as required and an aggregate side yard of 13.9 ft instead of 18 ft as required, re rear deck. RECOMMENDATION: Adopt the attached Resolution approving the subject Use Permit, with conditions. 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 frontage. (Section 32, Subsection D-1e) 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 an irregularly shaped interior lot containing 10,179 square feet of land area. The lot is zoned “R-6”, One-family Dwelling Districts. 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 (GLUP) designation is “Low”, 1-10 units per acre. The existing dwelling is located 34.6 feet from the 29" Road South right of way, 7.7 feet from the right side lot line and 9.9 feet from the left side lot line. PREVIOUS BZA ACTIONS: V-9999-06-1: Request of Alem Bantayehu and Eskinder Sable, Owners, to permit a rear 12-foot tall retaining wall, re rear 12-foot retaining wall; premises known as 668 29th Rd S.(Aurora Highlands) After a duly advertised hearing at which public testimony was given by Alem Bantayehu, Owner, and Kevin Birreu, speaking in favor of the Variance, and there being no other speakers (Staff: Tony M, Bumette, Deputy Zoning Administrator, Zoning Administration V-10423-10-UP-1 for this case, a motion was made by Ms. LaPlante to approve the Variance with the condition that the retaining wall is constructed in accordance with the plat and drawings attached to the staff report to the Board of Zoning Appeals dated July 5, 2006. The motion was seconded by Mr. McGeary and passed by a vote of 4 to 0. PROPOSED CHANGES: The applicants propose to construct a 10 foot by 14 foot rear deck. The proposed deck would result in a right side yard of 4 feet instead of 8 feet as required, a left side yard of 9.9 fect instead of 10 feet as required and an aggregate side yard of 13.9 feet instead of 18 feet as required. 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 addition would be compatible with the surrounding neighborhood because the footprint size and placement are similar to structures on properties surrounding the subject property. There are other similar decks in the neighborhood. The proposal would not affect natural and 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 “R-6” for 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: The applicant has submitted one letter signed by neighbors who support the proposal. 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 approvirg the Use Permit. MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution granting Use Permit V-10423-10-UP-1, subject to the conditions listed in the Resolution. RESOLUTION WHEREAS, the Board of Zoning Appeals (“BZA”) has held a duly advertised public hearing on ‘August 11, 2010 on case number V-10423-10-UP-1 for a Special Exception Use Permit to permit aright side yard of 4 ft instead of 8 ft as required, a left side yard of 9.9 ft instead of 10 ft as required and an aggregate side yard of 13.9 ft instead of 18 ft as required by Section 32, Subsection D.2.b of the Arlington County Zoning Ordinance to construct a rear deck at the property located at 668 29" Road South; 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 case number V-10423-10-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 August 6, 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 August 11, 2011, or the Use Permit shall be null and void. Case No. Arlington County, Virginia ALEM BANTAYEHU F COMMUNITY PLANNING, Permit #: ZADM10273 HOUSING AND DEVELOPMENT PHD Case # PLANNING DIVISION ZONING ADMINISTRATION APPLICATION FOR USE PERMITS AND VARIANCES DATE: ufo BOARD OF ZONING APPEALS 2100 Clarendon Blvd, Suite 1000 ‘Arlington, Virginia 22201 _ Cownes> Occupant We Prlema Bantayelhu Contract Owner orton 343 Block, See__2_subaivision__Oatore st premises known as GB 2A RAS. Civie Association Aly cova Hishtrnde hereby apply for a Use Permit Variance X_ to Section Subsection of the Zoning Ordinance as contained in the appendix of the Arlington County Code to permit __Oualdtin j Years Lot Coverage: Existing is \x%0- 1s Proposed {SSI »_19401q/4 IBA BU proposed MTT vob sg Main Building Footprint: Exi reasurer of Arlington County Print Name_ Alta Bantowed Signature, naira Ul 21th WA. 8 AY zip_Z22V2Z_ Daytime Telephone 202 S20 yOSY Agent Contact Information: Make checks payable ZONE, provost riep_5)12| 2010 vee verostren $63 10.10 crsr.nok 0000 Mr, 210.10 recenvensy 7 | vA ime iuev WAL Previous Cases W~44919- O07! Adres Sato RurSsiencs: Dekada e220 Tn toe tip_22AG\—_—Teephone IH GD. YEA (READ INFORMATION AND INSTRUCTIONS CAREFULLY) rev. 07/01/09 Disclosure Statement TYPE OR PRINT IN INK Case No. 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. Address(es) yo ¥ 24% RA-S py 905 hon WA 2220 2 Lot(s) 343 Block __ Section 3 Subdivsion__ Oakes & 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 Alm fantoych [tour 27rd § wie wu IExtarday Lalale - DWrey ENG ioioye LS grate oecliefs ; - 4, Thereby certify that this is a true and accurate disclosure ofall persons having equitable ownership real estate to be affected and of all the parties in interest. Applicants signature Dusit q Applicants address (lof 24H “STATE-OF-VIRGINEA, COUNTY OF _ TOWwT: Subscribed and swom before me this_ 2% day of. They 2019 Notay_

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