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FAIRFAX


COUNTY

APPLICATION FILED: February 27, 2004

BOARD OF ZONING APPEALS: May 25, 2004

TIME: 9:00 a.m.


V I R G I N I A


May 18, 2004
STAFF REPORT
VARIANCE APPLICATION NO. VC 2004-MV-034
MOUNT VERNON DISTRICT

APPLICANTS & OWNERS: Ahmad Amarlooi and Mansoureh Kavian
SUBDIVISION: River View
STREET ADDRESS: 1205 H Street
TAX MAP REFERENCE: 93-2 ((8)) (44) 19
LOT SIZE: 9,000 square feet
ZONING DISTRICT: R-3
ZONING ORDINANCE PROVISION: 18-401
VARIANCE PROPOSAL: To permit construction of roofed deck 13.0 feet from front lot line, second story addition 9.1 feet from side lot line and addition 9.0 feet from one side lot line and 10.0 feet from other side lot line.

The Board of Zoning Appeals' decision does not become final until the day following the next official meeting day of the BZA, but not less than eight (8) days, whichever is the latter, unless the BZA waives this requirement. A copy of the BZA's Resolution setting forth this decision will be mailed within five (5) days after the decision becomes final.

For additional information, call Zoning Evaluation Division, Department of Planning and Zoning at 324 1280, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035. Board of Zoning Appeals' meetings are held in the Board Room, Ground Level, Government Center Building, 12000 Government Center Parkway, Fairfax, Virginia 22035 5505.




American with Disabilities Act (ADA); Reasonable accommodation is available upon 7 days advance notice. For additional information on ADA call (703) 324 1334.



DESCRIPTION OF THE APPLICATION

Applicant requests a variance to permit construction of:




  1. a roofed deck 13.0 feet from front lot line; and,

  2. a second story addition 9.1 feet from side lot line; and,

  3. a two story addition 9.0 feet from one side lot line and 10.0 feet from the other side lot line.


Description of Variance



Structure



Yard

Min. Yard Req.*


Permitted Extension


Min.

Allowed


Proposed Location


Variance Req.

Variance

#1

Roofed Deck

Front

30.0 ft.

N/A

30.0 ft.

13.0 ft.

17.0 ft.

Variance #2

Addition

Side

12.0 ft.

N/A

12.0 ft.

9.1 ft.

2.9 ft.

Variance #3

Addition

Side

12.0 ft.


N/A

12.0 ft.

9.0 ft.

3.0 ft.

Variance #3

Addition

Side

12.0 ft.

N/A

12.0 ft.

10.0 ft.

2.0 ft.

* Minimum yard requirement per Section 3-307.



CHARACTER OF THE AREA





Zoning


Use


North

R-3

Single Family Detached Dwelling



East

R-3

Single Family Detached Dwelling



South

R-3

Single Family Detached Dwelling


West

R-3

Single Family Detached Dwelling

The subject property is located entirely within a Resource Protection Area (RPA) as defined by the County’s Chesapeake Bay Preservation Ordinance (CBPO), Chapter 118 of the Code of Fairfax County. The proposed addition will increase the impervious surface area within the RPA by less than 1,000 square feet. Because the application proposes impervious surface within the RPA of less than 1,000 square feet in area, a exception from CBPO regulations is required to permit encroachment into the RPA. A proposed development condition has been included requiring the applicant to apply for and receive approval of an exception from the Department of Public Works and Environmental Services prior to issuance of a building permit.



BACKGROUND
Records indicate the dwelling was originally constructed in 1950.
Following the adoption of the current Ordinance, the BZA has heard the following variances in the vicinity of the application parcel.


  • Variance VC 01-V-074 was approved on August 1, 2001 for Tax Map 93-2 ((8)) (44) 17, zoned R-3, on H Street, to permit the construction of an addition 9.1 feet from side lot line.




  • Variance VC 88-V-049 was approved on July 20, 1988 for Tax Map 93-2 ((8)) (37) 8 and 9, zoned R-3, on Potomac Avenue, to permit addition 4.6 feet from one side lot line and 8.2 feet from other side lot line.



ZONING ORDINANCE REQUIREMENTS

Applicable bulk regulation(s) and additional location regulations are set forth on Page 1.

This variance application must satisfy all of the nine (9) enumerated requirements contained in Sect. 18 404, Required Standards for Variances. If the BZA determines that a variance can be justified, it must then decide the minimum variance, which would afford relief as set forth in Sect. 18 405. A copy of these provisions is included as Appendix 4.

CONCLUSION
If it is the intent of the BZA to approve this application, the BZA should condition its approval by requiring conformance with the conditions set forth in Appendix 1 of this report, Proposed Development Conditions.

APPENDICES


  1. Proposed Development Conditions

  2. Applicant’s Affidavit

  3. Applicant’s Statement of Justification

  4. Applicable Zoning Ordinance Provisions

PROPOSED DEVELOPMENT CONDITIONS
May 18, 2004


  1. This variance is approved for the location of a porch, second story addition, and two story addition, as shown on the plat prepared by George M. O’Quinn, dated July 25, 2003, revised through January 30, 2004, submitted with this application and is not transferable to other land.




  1. A Building Permit shall be obtained prior to any construction and approval of final inspections shall be obtained.




  1. The addition shall be architecturally compatible with the existing dwelling.



  1. Prior to the issuance of a building permit, a Chesapeake Bay Preservation Ordinance Exception shall be obtained from the Department of Public Works and Environmental Services (DPWES). If DPWES denies the exception request, this variance shall be null and void.


Pursuant to Sect. 18 407 of the Zoning Ordinance, this variance shall automatically expire, without notice, thirty (30) months after the date of approval unless construction has commenced and has been diligently prosecuted. The Board of Zoning Appeals may grant additional time to commence construction if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the variance. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required.







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