Deputy Zoning Administrator's 9 November Recommendation to Approve Most Elements of Fall 2001 Variance Request

November 9, 2001
TO: Arlington County Board of Zoning Appeals
FROM: Tony M. Burnette, Deputy Zoning Administrator

CASE NUMBER: V-9203-01-2
APPLICANT: Paul Kingery
LOCATION: 6430 27th Street North
ZONE: "R-6"
LOT AREA: 7652 square feet
LOT WIDTH: Varies

REQUEST: To permit a left side yard of 3.9 ft, a setback of 23.9 ft from the 27th St N right of way line and a setback of 17 ft from the N Sycamore St right of way line, re bringing existing single family dwelling into compliance.

STAFF RECOMMENDATION: Approve the Variance to permit a setback of 17 feet from the North Sycamore Street right of way, and a setback of 23.9 feet from the 27th Street North right of way, but approve a left side yard of 6.9 feet instead of 3.9 feet as requested, 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-1c)

Side Yards: For all one- and two-family dwellings and their accessory structures, ten feet provided that one side yard may be reduced to 8. (Section 32, Subsection D-2b)

EXISTING CONDITIONS: The subject property is an irregularly shaped corner lot located at the intersection of North Sycamore Street and 27th Street North. The lot contains 7,652 square feet of land, which exceeds the minimum requirement of 6,000 square feet in the R-6 zoning district. The lot varies in width from 47.52 feet along 27th Street North, which is the front of the lot, to 86.37 feet along the rear lot line. The lot exceeds the required minimum average width of 60 feet.

The original dwelling on the lot was located 17.1 feet from the North Sycamore Street right of way line, 24.6 feet from the 27th Street North right of way line and 7.6 feet from the left side lot line.

On February 10, 1999 the Board of Zoning Appeals approved Variance V-8613-99-1 to permit a setback of 17 feet from the North Sycamore Street right of way line, a setback of 24 feet from the 27th Street North right of way line and a left side yard of 7 feet to allow for a 2-story addition 2nd story addition and enclosed front foyer. The applicant was issued a building permit to construct the proposed additions, which are still under construction.

The dimensions of the dwelling are approximately 40 feet by 65 feet. The dwelling is approximately 33 feet in height at the mid roof line. The original plan shows a 12.5-foot by 15-foot foyer on the right side of the dwelling that was to be located 17 feet from the North sycamore Street right of way line. Construction has not begun on the foyer, although the applicant has stated that he plans to build it.

DISCUSSION: At the Zoning Staff's request, the applicant has provided a wall check plat that shows the location of the additions and the building height. The plat shows that the dwelling is located 23.9 feet from the 27th Street North right of way instead of 24 feet as permitted by the 1999 Variance, and that the left side of the building is 6.9 feet from the left side lot line instead of 7 feet as permitted by the 1999 Variance. The left side eave encroaches to within 3.9 feet of the left side lot line. An eave is permitted to encroach into a required side yard by up to 48 inches but not closer than 5 feet to a side lot line.

The plat also shows that the side of the building facing North Sycamore Street is 24.3 feet from the right of way instead of 25 feet as shown on the plans submitted with the 1999 Variance.

The applicant needs the Variances to bring the structure into compliance. Staff supports a Variance to permit the building to be located 17 feet from the North Sycamore Street right of way (foyer), 24.3 feet from the North Sycamore Street right of way (foundation wall of building), 23.9 feet from the 27th Street North right of way and 6.9 feet from the left side lot line (foundation wall of building). Staff supports this Variance because the difference between it and the Variance that was approved in 1999 is minimal. Therefore, the Board's justification for the earlier Variance could justify the current one. However, staff does not support a Variance to allow the left side eave to encroach to within 3.9 feet of the left side lot line. The applicant has himself created any hardship from this setback requirement. Staff does not support construction closer than 5 feet to a side lot line. The applicant can have a 1.9-foot wide eave on the left side by right.

COMMENTS FROM NEIGHBORS: A petition signed by neighborhood residents in opposition to the Variance has been submitted.

STAFF RECOMMENDATION: Approve the Variance to permit a setback of 17 feet from the North Sycamore Street right of way and 23.9 feet from the 27th Street North, but approve a left side yard of 6.9 feet instead of 3.9 feet as requested, subject to the condition that an actual distance of 24.3 feet be maintained between the right side of the main structure and the North Sycamore Street right of way (excluding the foyer) and that the applicant alter the existing left side eave so that it is no closer than 5 feet to the left side lot line, for the following reasons:

(1) The original placement of the dwelling, encroaching into both street setbacks and the left side yard setbacks and the irregular shape of the lot are existing conditions justifying some relief from strict application of ordinance requirements.

(2) The strict application of the setback requirements of the Zoning Ordinance would effectively prohibit or unreasonably restrict the utilization of the property.

(3) With the conditions that an actual distance of 24.3 feet be maintained between the right side of the main structure and the North Sycamore Street right of way (excluding the foyer) and that the applicant alter the existing left side eave so that it is no closer than 5 feet to the left side lot line, approval of the variance should not adversely impact abutting properties.

(4) Staff analysis of this request, as required by the Code of Virginia (15.2-2309), has found that:

(a) The strict application of the ordinance would produce undue hardship.

(b) The condition of the property and resulting hardship in complying with the regulations is not shared generally by other properties in the zone district and the same vicinity.

(c) The recommended request will not be of substantial detriment to adjacent properties nor will it change the character of the zone district.

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