Staff: Mark Hamala, Zoning Technician V-11521-19-UP-1
ARLINGTON COUNTY, VIRGINIA
DATE: February 14th, 2020
APPLICANT: Eve and James Murty LOCATION: 4736 32nd Street North
ZONING: “R-10” One-Family Dwelling District LOT AREA: 9,973 Square Feet (computed)
GLUP DESIGNATION: “Low” 1-10 units per acre
SUBJECT: A Use Permit by Eve and James Murty, the owners, to permit a rear setback of 12.2 feet to the wall (11.6 feet to the eave) instead of 21 feet to the wall (19.5 feet to the eave) as required from the rear property line, and to permit a setback of 13.5 feet to the chimney instead of 23.5 feet as required from the rear property line; re: rear porch with chimney over a
nonconforming garage, in the R-10 zoning district on the premise known as 4736 32nd Street North. (Rock Spring)
RECOMMENDATION: Adopt the attached Proposed Resolution granting the Use Permit request with conditions.
ORDINANCE REQUIREMENTS: Encroachments allowed into required yards and courts: Bay and oriel windows without floor space and chimneys may encroach 18 inches (Article 3, Section 3.2.6.A.3(a)(1). The following unenclosed uses may encroach no more than four feet but not nearer than five feet to any property line:
Balconies; eaves, trim and fascia boards and similar architectural features; window wells and areaways; decks and patios that are eight inches or higher from finished grade; stoops;
and attached stormwater planters and similar features (Article 3, Section 3.2.6.A.3(a)(3).
Porches on interior lots, including the base, supporting columns and roof, may encroach four feet into the required front and rear yard, provided that they are no closer than 21 feet to any street right-of-way line and that no rear porch shall exceed the height of the first story of the building to which it is attached. Porch eaves on interior lots may encroach an additional 18 inches beyond the edge of the porch, provided they are no closer than 19.5 feet to any street right-of- Board of Zoning Appeals Agenda Item
V-11521-19-UP-1:
Meeting of February 19, 2019
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EXISTING CONDITIONS: The subject property is an interior lot that has a computed land area of 9,865 square feet and a recorded land area of 9,973 square feet as well as an approximate lot width of 79 feet. This lot is zoned “R-10” One-Family Dwelling District. This zoning district permits one-family dwellings on lots that contain at least 10,000 square feet of land area and 80 feet in lot width. The General Land Use Plan is “Low” 1-10 Units per acre. The existing two- story dwelling (over basement) was originally constructed in 1969. The dwelling is setback 30.5 feet from the 32nd Street North right-of-way, 11 feet from the right adjacent property line, 28.6 feet away from the left adjacent property line, and 12.2 feet from the rear property line. The dwelling has a reported main building footprint of 2,469.25 square feet (24.8%) and a reported lot coverage of 4,673 square feet (46.9%).
PREVIOUS BZA ACTIONS: No previous board action.
PROPOSED CHANGES: The applicants have proposed constructing a 367.42 square foot (17.3’x20’, 10.2’x2.1’) covered porch above their existing rear garage. As part of the addition a second chimney would be constructed to accommodate a fireplace. The proposed porch would not add to the existing main building footprint or the lot coverage keeping the reported main building footprint of 2,469.25 square feet (24.8%) and a reported lot coverage of 4,673 square feet (46.9%).
STAFF ANALYSIS: The applicant must show by a preponderance of the evidence that the criterion below is met:
(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 footprint of the proposed dwelling may be compatible with the surrounding neighborhood. The proposed main building footprint of 2,469.25 square feet, while larger than many of the surrounding properties, would not be the largest main building footprint within the surrounding area. See the table below for a sample of the main building footprints of surrounding properties.
Main Building Footprint
Address Main Building Footprint Distance from Subject
Property 4744 32nd Street North Apx. 2,624 Square Feet Apx. 0 Feet 4745 32nd Street North Apx. 2,063 Square Feet Apx. 55 Feet 4728 32nd Street North Apx. 1,856 Square Feet Apx. 0 Feet
The proposed rear yard setback 12.2 feet to the wall and 13.5 feet to the chimney may be compatible with the properties in the surrounding area, as it would be further from the rear
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property line than the existing attached garage on the subject property. Additionally, staff found a number of examples of dwellings in the surrounding area that have improvements located within the rear yard setback, including a few (including the subject property) that are closer than the setbacks the applicants are currently requesting for their proposed rear porch. See the table below for a sample of rear yard setbacks in the surrounding area.
Rear Yard Setback
Address Rear Yard
Setback
Structure Approval Distance from
Subject Property 4804 Rock
Springs Rd
8 feet Rear deck V-5337-83-1 Apx. 612 feet 4736 32nd St N Apx. 10 feet Garage and patio Dwelling built
1969
Subject Property 4741 Rock
Spring Rd
14 feet 2-story addition V-7958-95-2 0 feet 4868 Old
Dominion Dr
14 feet Rear deck V-9341-02-1 Apx. 1,167 feet 3200 N
Woodrow St
16 Feet One-story rear addition
V-7432-93-1 Apx. 606 Feet 4070D Old
Dominion Dr
17.26 feet Building wall U-2989-00-1 Apx. 1,430 feet 4401 33rd Rd
N
22.5 Feet Main Building V-2420-63-1 Apx. 2,509 Feet
The proposed porch would be constructed above the existing garage and the architectural plans stated the existing vegetation would not be removed as part of the construction process. For these reasons the proposed development may be seen as helping to preserve the natural land form and 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-10”, for one-family dwelling district. The GLUP designation is,
“Low” 1-10 units per acre. The property is currently improved with a single one-family detached dwelling, which is permitted by the Zoning Ordinance and is in accordance with
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the GLUP. The proposal is therefore not in conflict with the purposes of the master plan and the land use and zoning related policies of the County.
COMMENTS FROM NEIGHBORS: As of the writing of this report staff has received four letters of supporting representing five of the applicant’s adjacent neighbors. Included in the letter of support are letters from both of the impacted neighbors located to the rear of the applicant.
CONCLUSION: The proposal may 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 parcel. Therefore, staff recommends that the Board 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-11521-19-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 19, 2020 on case number V-11521-19-UP-1 for a Use Permit to permit a rear setback of 12.2 feet to the wall (11.6 feet to the eave) instead of 21 feet to the wall (19.5 feet to the eave) as required from the rear property line, and to permit a setback of 13.5 feet to the chimney instead of 23.5 feet as required from the rear property line; re: rear porch with chimney over a nonconforming garage, in the R-10 zoning district on the premise known as 4736 32nd 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-11521-19-UP-1 subject to the following.
1. The applicants agree that the structure shall be constructed in accordance with the footprint shown on the survey, and the architectural drawings attached to the staff report dated February 14, 2021 and that no enlargement of the structure/addition may be made in any dimension shown on the plat or architectural drawings.
2. The applicants agree that the covered porch, shall not be enlarged, enclosed, or built over.
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3. The applicants shall obtain and provide to the Zoning Administrator one or more plats to certify the structures’ location after they are constructed, 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.
4. The applicants shall obtain a building permit to construct the structure permitted herein by February 19, 2021 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-11521-19-UP-1
4736 32nd Street North
03058003
1,200.00 Case Location(s) Scale: 1:
County Use Only
Date Placard Posted____________
By___________________________
Removed _____________________
