Staff: Clifton Hogan, Assistant to the Zoning Administrator V-11617-20-UP-1
ARLINGTON COUNTY, VIRGINIA
DATE: February 5, 2021
APPLICANT: Scott and Patricia Tyskowski, owners LOCATION: 4540 2nd Street North
ZONING: R-6 One-Family Dwelling District LOT AREA: 10,089 sq. ft.
GLUP DESIGNATION: Residential “Low” (1-10 units per acre)
SUBJECT: A use permit request by Scott Tyskowski and Patricia Tyskowski, the owners, to permit a street setback of 24.8 feet to the wall instead of 25 feet as required from North Henderson Road; re: an enclosure of an existing screened carport on an existing one-family dwelling on a corner lot in the R-6 zoning district, on the premise known as 4540 2nd Street North (Arlington Forest)
RECOMMENDATION: Adopt the attached Proposed Resolution granting the Use Permit request with conditions.
ORDINANCE REQUIREMENTS:
ACZO §3.2.6.A.1(e) Setbacks from any street…for all one-family dwellings and their accessory
structures
No structure shall be located less than 25 feet from any street right-of-way line PREVIOUS BZA ACTIONS: NONE
EXISTING CONDITIONS: The Subject Property is a corner lot located at the intersection of North Henderson Road and 2nd Street North, with the ‘technical’ front lot line along North
Henderson Road. The Property is in the R-6 One-Family Dwelling District. This zoning district allows for the by-right construction of one-family dwellings on lots that are 6,000 sq. ft. or more in area and with an average lot width of 60 ft. or more.
The Subject Property has a lot area of 10,089 sq. ft. with an average lot width of 80 ft. The Property is improved with a one-story one-family detached dwelling, originally built in 1959. The existing screened carport encroaches minimally into the required 25-ft. street setbacks for North Henderson Road; being as it is 24.8 ft. from street right-of-way. However, ACZO §3.2.6.A.3(a)(3) allows unenclosed structures to encroach up to 4 ft. into any required setback; a provision that existed when the carport was originally construct in 1978. The dwelling meets all other placement and setback requirements.
PROPOSED CHANGES: The applicants are seeking minor relief from street setback requirements to allow the enclosure of an existing carport. ACZO §3.2.6.A.1(e) requires that
one-Board of Zoning Appeals Agenda Item V-11617-20-UP-1
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family dwellings be 25 ft. from any street right-of-way line. The existing carport is 24.8 ft from the North Henderson Road right-of-way but conforms all other setback requirements.
STAFF ANALYSIS: ACZO §15.6.7 Required Findings and §15.6.8 Approval Criteria provide the criteria for granting BZA use permits. These criteria include:
(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 carport enclosure will not result in any physical change in the footprint or setbacks of the existing improvements on the Subject Property with the use permit request being more regulatory than aspirational in nature. Enclosing the carport essentially converts the area occupied by the carport from a projecting structure on the main dwelling to floor area in the main dwelling. While this conversion results in virtually no bulk and massing changes, under the zoning ordinance the conversion effectively extinguishes the 4-ft. encroachment allowance for unenclosed structure. Further, the requested street setback relief is negligible; essentially an encroachment of less than 1% of the required setback distance. The carport enclosure will not impact any significant natural land form, historical feature, trees or foliage.
(2) Would the proposal adversely affect the health or safety of persons residing in the neighborhood?
Staff cannot identify any tangible adverse impacts to the health and safety of persons residing in the neighbor that can be attributed to enclosing the carport.
(3) Would the proposal be detrimental to the public welfare or injurious to property or improvements in the neighborhood?
Staff cannot identify any tangible detriments to the public welfare nor any tangible injury to property or improvements in the neighborhood that can be attributed to enclosing the carport.
(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 proposal is a residential renovation project is in no way a conflict with Arlington County master plan, land use, or zoning policies. The R-6 zoning district explicitly provides for residential development and buildings; and the overall use of the Property as a one-family detached dwelling is in conformance with the Residential “Low” General Land Use Plan (GLUP) designation.
COMMENTS FROM NEIGHBORS: As of the date of this report, the applicants have not provided staff with any petitions of support from surrounding neighbors. It should be noted that
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there two non-residential uses in the vicinity of the Subject Property: the Arlington Assembly of God church, abutting on the North Henderson Road side of the Property; and the Culpepper Gardens assisted living facility directly across 2nd Street North.
CONCLUSION: The regulatory nature of the request and the negligible encroachment into the street setback is such that the proposed carport enclosure is compatible with development in the surrounding neighborhood. Therefore, staff recommends that the Board of Zoning Appeals adopt the attached Proposed Resolution approving the Use Permit with the conditions listed. PROPOSED MOTION: I move that the Board of Zoning Appeals approve the attached Proposed Resolution approving the Use Permit V-11617-20-UP-1, subject to the conditions listed.
PROPOSED RESOLUTION
WHEREAS, the Board of Zoning Appeals (“BZA”) has held a duly advertised public hearing on February 10, 2021 on case number V-11617-20-UP-1 for a Use Permit to permit a street setback of 24.8 feet to the wall instead of 25 feet as required from North Henderson Road; re: an enclosure of an existing screened carport on an existing one-family dwelling on a corner lot in the R-6 zoning district, on the premise known as 4540 2nd Street North; 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,
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 surrounding the lot in question 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-11617-20-UP-1 subject to the following:
1. The applicants agree that the carport enclosure shall remain within the existing carport footprint in accordance with the footprint shown on the survey, and the architectural drawings attached to the staff report dated February 5, 2021, and that the footprint may not be enlarged, and the setbacks approved by the BZA may not be reduced from what is shown on the attached plat and/or architectural drawings.
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-11617-20-UP-1 4540 2nd Street North 20-025-004 1,200.00 Case Location(s) Scale: 1:
County Use Only
Date Placard Posted____________ By___________________________ Removed _____________________
N S 88°39'00" E ~ 107.17' N 12°53'30" E ~ 53.29' N 77°06'30" W ~ 125.00' 24.8' 52.8' 28.2' 52.9' 28.2' OFF 1.9' 1 STORY BRICK & FRAME
DWELLING #4540 AC CHIM PORCH CONCRETE DRIVEWAY CONC APRON OFF 1.9' 4.5' CONC WALK OFF 0.3' OFF 0.3' OFF 0.1' SHED ON 5.1' 30.8' STONE PATIO BASEMENT ENTRANCE STEPS WALK ELEC BOX 25.4' WALK BAY S 12°53'30" W ~ 99.23'
LOT A
10,089 S.F.PARCEL "1-A" & LOT B
NORTH HENDERSON ROAD
50' R/W
2nd STREET NORTH
50' R/WLOT 9
10.0' SANITARY SEWER EASMENT VINYL FENCE STP STP 12.3' SCREEN 25.6' A = 34.23' R = 25.00'COPYRIGHT BY NOVA SURVEYS, INC. THE INFORMATION CONTAINED ON THIS DOCUMENT MAY NOT BE COPIED, REPRODUCED OR ALTERED IN ANY FORM WITHOUT PERMISSION IN WRITING FROM THE COPYRIGHT OWNER.
#201021003 CASE NAME: TYSKOWSKI
6655 ROCKLEIGH WAY ALEXANDRIA, VA 22315 703-688-4038 [email protected] WWW.NOVA-SURVEYS.COM THOMAS G. LUTKE LICENSE NO. 3066 10/26/2020 CO MM ONW EAL T H OF VI R G I N IA L A ND S U R V EY OR 0 20 40 GRAPHIC SCALE PATRICIA TYSKOWSKI ORDERED BY:
I HEREBY CERTIFY THAT THE LOCATIONS OF ALL EXISTING IMPROVEMENTS HAVE BEEN CAREFULLY ESTABLISHED BY A CURRENT FIELD SURVEY AND UNLESS SHOWN, THERE ARE NO VISIBLE ENCROACHMENTS.
THIS PLAT IS SUBJECT TO RESTRICTIONS OF RECORD.
A TITLE REPORT WAS NOT FURNISHED. NO CORNER MARKERS SET.
PLAT
SHOWING HOUSE LOCATION ON LOT LOT A, SECTION 3
RESUBDIVISION OF PARCEL 2
CABEL SUBDIVISION
(DEED BOOK 1227, PAGE 219)
ARLINGTON COUNTY, VIRGINIA
SCALE: 1" = 20' OCTOBER 26, 2020 NOTES: 1. FENCES ARE FRAME UNLESS NOTED.Slab
Exterior rear landing is not permitted to have any step down and must be at the same elevation as the interior floor due to this door being outswing over the exterior landing.
Exterior rear landing and step:
-Refer to and follow all Fairfax County Typical Deck Details to construct/frame. -All lumber shall be preservative-treated, southern pine, grade #2 or better. -Lumber in contact with the ground shall be rated as “ground-contact”.
Exterior landing is not permitted to have any step down and must be at the same elevation as the interior floor due to this door being outswing over the exterior landing.
minimum R-10 slab insulation
minimum R-10 slab insulation
If the existing carport concrete slab has any slope and you level the floor of the new Rec room by raising the 2x4 sleepers off the existing concrete slab, you will need to fully shim the 2x4's that are raised off the slab
At the floor framing level, this is the backside of the masonry fireplace and requires minimum 4" clearance to combustible framing per code section R1001.11. 2x4 sleepers cannot be in direct contact and a 4" clearance needs to be provided.
Slab
Slab