Staff: Amanda Clement, Board of Zoning Appeals Coordinator V-11238-17-UP-1
ARLINGTON COUNTY, VIRGINIA
DATE: December 15, 2017
APPLICANT: Douglas J Marshall
LOCATION: 6100 N 31st St
ZONING: “R-8,” One-Family Dwelling District
LOT AREA: 8,800 Square Feet
GLUP DESIGNATION: “Low” 1-10 units per acre
SUBJECT: Use Permit request by Douglas Marshall, Owner, to permit a setback of 23.2 feet to
the wall from the N Ohio St right-of-way instead of 25 feet as required and to modify a previous variance approval that permitted a setback of 16 feet to the N 31st St right-of-way and 10.8 feet to the N Ohio St right-of-way for a front porch; re a new two-story addition with attached garage and enclosed front porch; “R-8” Zoning District, premises known as 6100 31st St N (Williamsburg)
RECOMMENDATION: Adopt the attached Resolution granting the Use Permit to modify a
previous variance approval that permitted a setback of 16 feet to the N 31st St right-of-way and
10.8 feet to the N Ohio St right-of-way for a front porch; but denying the request to permit a setback of 23.2 feet to the wall from the N Ohio St right-of-way. An Alternative Resolution has been provided should the BZA wish to grant the Use Permit, as proposed.
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 3.2.6.A.1.e)
EXISTING CONDITIONS: The subject property is an approximately 84-foot-wide corner lot
containing 8,800 square feet of land area. The lot is Zoned “R-8,” One-Family Dwelling District. The “R-8” zoning district permits one-family dwellings on lots that are a minimum of 70 feet wide and contain at least 8,800 square feet of land area. The General Land Use Plan is “Low” 1-10 Units per acre. The existing one-story dwelling was constructed in 1951. The detached garage was added in 1971, the front porch in 1998 and the covered pavilion in 2002. The existing dwelling is located 12.4’ to the N 31st St right-of-way and 17.7’ to the N Ohio St right-of-way.
PREVIOUS BZA ACTIONS: V-8356-97-1: Request of Douglas Marshall, Owner, for a
Variance to Section 32, Subsection D-1c, D-3e and D-4, to permit a setback of 41 feet from the centerline of 31st Street North instead of 50 feet (16 feet from the right-of-way line instead of 25 feet) and a setback of 37.5 feet from the centerline of North Ohio Street instead of 50 feet (10.8 feet from the right-of-way line instead of 25 feet) as required, and to permit a wall/fence height of up to 8.5 feet instead of no higher than 3 feet and 4 feet, re a covered front porch addition and retaining wall with fence railing; premises known as 6100 31st Street North (07).
Board of Zoning Appeals Agenda Item V-11238-17-UP-1:
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After a duly advertised hearing, at which public testimony was given by Douglas Marshall, and there being no other speakers present for this case, a motion was made by Scott McGeary that the request be approved with the condition that the front porch not be enclosed or built over with a second story. Motion was seconded by Bette Clements and passed unanimously 4 to 0.
On February 8, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1, and Use Permit V-11238-17-UP-1 to the March 15, 2017 meeting.
On March 15, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1, and Use Permit V-11238-17-UP-1 to the May 17, 2017 meeting.
On May 17, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1, and Use Permit V-11238-17-UP-1 to the June 21, 2017 meeting.
On June 21, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1, and Use Permit V-11238-17-UP-1, to the July 19, 2017 meeting.
On July 19, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1, and Use Permit V-11238-17-UP-1 to the September 20, 2017 meeting.
On October 16, 2017, the Board of Zoning Appeals deferred Variance V-11238-17-VA-1 to the December 20, 2017 meeting.
On October 18, 2017, the Board of Zoning Appeals deferred Use Permit V-11238-17-UP-1 to the December 20, 2017 meeting.
PROPOSED CHANGES: The applicant is proposing a 42’ x 26.3’ (1,104.6 square feet)
two-story addition with an approximately 120 square foot covered porch over the driveway.
The applicant’s agents have submitted a memo and updated drawings for this application. The memo and plans were submitted after this report was prepared and staff has not had the opportunity to fully review or comment on the updated plans. The information that follows in this report is based off of the last set of plans that staff was able to review before the report was prepared.
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?
Due to an associated variance request (V-11238-17-VA-1) the proposal would not be compatible with the surrounding neighborhood because the overall footprint size would not be similar to the structures on the properties surrounding the subject property. Staff does note that the existing dwelling is setback closer to the N Ohio St right-of-way than
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the proposed addition and that given the existing placement of the dwelling some relief to the required setback for an addition may be justifiable; however, due to the size and scope of the project as proposed, this request is not supported by staff.
Staff is supportive of the request to modify a previous variance approval that permitted a setback of 16 feet to the N 31st St right-of-way and 10.8 feet to the N Ohio St right-of-way
for a front porch. A review of the staff report and case file from that prior request referred to the porch as an open porch and conditioned approval on it not being enclosed. The property owner asserts that the enclosure was a part of the building permit plans and was inspected and approved as such. The board’s acceptance of this modification will resolve this discrepancy. Additionally, it is found that the existing enclosed porch does not further increase the main building footprint/lot coverage or affect natural land form, historical features or significant tress 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”, which permits 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 not in conflict with the purposes of the master plans and land use and zoning related policies of the County.
COMMENTS FROM NEIGHBORS: Staff has previously received a statement of support
signed by nine neighbors.
CONCLUSION: The proposal as recommended by staff would promote compatibility of
development with the surrounding neighborhood because the overall footprint size and placement would be similar to the structures on the properties surrounding the subject property, therefore Staff recommends that the Board adopt the attached proposed Resolution granting the Use Permit.
MOTION: I move that the Board of Zoning Appeals adopt the attached Resolution approving the
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PROPOSED RESOLUTION (Staff Recommendation)
WHEREAS, the Board of Zoning Appeals (“BZA”) has held a duly advertised public hearing on December 20, 2017 on case number V-11238-17-UP-1 for a Special Use Permit to modify a previous variance approval that permitted a setback of 16 feet to the N 31st St right-of-way and 10.8 feet to the N Ohio St right-of-way for a front porch; re a new two-story addition with attached garage and enclosed front porch; “R-8” Zoning District, premises known as 6100 31st St N
(Williamsburg)
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 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-11238-17-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 December 15, 2017 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 agree that the enclosed porch shall not be built over.
4. The applicants shall obtain a building permit to construct the structure permitted herein by December 20, 2018 or the Use Permit shall be null and void.
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ALTERNATIVE PROPOSED RESOLUTION (Approval as advertised)
WHEREAS, the Board of Zoning Appeals (“BZA”) has held a duly advertised public hearing on December 20, 2017 on case number V-11238-17-UP-1 for a Special Use Permit to permit a setback of 23.2 feet to the wall from the N Ohio St right-of-way instead of 25 feet as required and to modify a previous variance approval that permitted a setback of 16 feet to the N 31st St right-of-way and 10.8 feet to the N Ohio St right-of-way for a front porch; re a new two-story addition with attached garage and enclosed front porch; “R-8” Zoning District, premises known as 6100 31st St N
(Williamsburg)
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 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-11238-17-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 December 15, 2017, 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 agree that the new addition and porch shall not be built over and that the porch shall not be further enclosed.
4. The applicants shall obtain a building permit to construct the structure permitted herein by December 20, 2018 or the Use Permit shall be null and void.
Department of Community Planning, Housing and Development
Note: These maps are for property location assistance only. They may not represent the latest survey and other information.
V-11238-17-UP-1 6100 31st Street North 01-021-014 1,200.00 Case Location(s) Scale: 1:
County Use Only
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