Board of Zoning Appeals

1 BOARD OF ZONING APPEALS MEETING 2 CITY COUNCIL CHAMBERS 3 Thursday, May 11, 2023 4 7:30 p.m. 5 6 1. CALL TO ORDER 7 MR. MISLEH: I'd like to call to order the May 11, 8 2023, meeting of the Falls Church Board of Zoning Appeals. 9 10 2. ROLL CALL 11 MR. MISLEH: Roll call please. 12 RECORDING SECRETARY: Mr. Misleh. 13 MR. MISLEH: Here. 14 RECORDING SECRETARY: Ms. Ward. 15 MS. WARD: Here. 16 RECORDING SECRETARY: Mr. Kien. 17 MR. KIEN: Here. 18 RECORDING SECRETARY: Mr. Eppler. 19 MR. EPPLER: Here. 20 RECORDING SECRETARY: Mr. Bartlett. 21 MR. BARTLETT: Here. 22 RECORDING SECRETARY: Mr. Gresko. 23 Mr. Gresko is not present. 24 25 26 3. PETITIONS 27 MR. MISLEH: Do we have any Petitions this evening? 28 MS. ROUZI: No, we do not. 29 MR. MISLEH: Thank you. 30 31 4. OLD BUSINESS 32 MR. MISLEH: Any Old Business? 33 MS. ROUZI: No. 34 35 5. NEW BUSINESS 36 a. Cases 37 i. Variance application V1639-23 by Mitch Gershman, 38 applicant and owner, for a variance to Section 48-263(3)a. To 39 allow a second-story addition above a non-conforming side-yard 40 setback of 8.1 feet instead of the required 10 feet maximum at 41 premises known as 305 Rollins Street, RPC #52-309-099 of the 42 Falls Church Real Property Records, zoned R-1B, Medium Density 43 Residential. 44 MR. MISLEH: All right. Let's proceed to the New 45 Business. Looks like we have a variance application V1639-23 by 46 Mitch Gershman, applicant and owner, for a variance to Section 47 48-263(3)a. to allow a second-story addition above a 48 non-conforming side-yard setback of 8.1 feet instead of 49 requiring the 10 feet at premises known as 305 Rollins Street. 50 So, is the applicant present? 51 Please step forward to the table and if you could 52 please fill out the sheet on the table with your name and 53 information. 54 Is there anyone else this evening that will be 55 speaking on behalf of this application? 56 MR. MITCHELL: No. 57 MR. MISLEH: Thank you. 58 Sir, if you would please raise your right hand. 59 (Witness sworn.) 60 MR. MISLEH: Please introduce yourself. 61 MR. MITCHELL: My name is Chris Mitchell. I'm a 62 partner with Urban Cottage Design. We have three partners, 63 Mitch Gershman, myself, and Nancy Hubacher. We purchased the 64 house at 305 Rollins Street and we want to do a second story 65 addition and we found out that the house is non-conforming by 66 1.8 feet. 67 MR. MISLEH: All right. Thank you. 68 Would you go ahead and please walk us through the -- 69 or I'm sorry, Akida, if the staff wouldn't mind walking us 70 through the application. 71 MS. ROUZI: Sure. Good evening. 72 This property is zoned R-1B and the required side 73 setback is 10 feet minimum. However, the existing house is 74 non-conforming for a side setback and sits 8.1 feet from the 75 property line on the right side facing the house. 76 The applicant would like to construct a second story 77 addition above the existing footprint of the house and that 78 would require a variance for the non-conforming side setback on 79 the right side. 80 This is a fairly common condition in this City with 81 upper story additions on non-conforming structures and requires 82 the Board's approval this evening. 83 Thank you. 84 MR. MISLEH: Thank you, Akida. 85 Sir, if you wouldn't mind just elaborating on the 86 request for the Board. 87 MR. MITCHELL: So basically what we want to do is we 88 want to kind of keep essentially the look of the front of the 89 house and kind of make the addition towards the back. We're not 90 a tear-down and build new company. We kind of work off the 91 existing structure. 92 In order to build the house we want to do, we want to 93 do 10 foot floors on the main level so we want to raise the 94 brick facade of the house and then put a gable on the front and 95 in order to do so we'd have to raise the entire floor. So we 96 would want to avoid a two foot bulkhead essentially in our 97 bathroom and office is on the lower level. 98 MR. MISLEH: Understood. 99 Akida, would you please put the photo of the side 100 elevation. 101 So while they pull that up, just to be clear, what 102 you're requesting is the same plane all the way from front to 103 back and from top to bottom. 104 MR. MITCHELL: Yes. Both sides and the front, nothing 105 would change. Only thing that would go out would be the rear 106 where we're putting the addition on the kitchen and the screened 107 porch. 108 MR. MISLEH: Got it. 109 MR. MITCHELL: And we spoke with both neighbors and 110 the neighbor to the side that it does affect is very pro-build 111 and he's the one that has the letter that you guys see tonight. 112 I also have a letter from the adjoining neighbor that 113 I picked up today. But he signed it but he wrote our address in 114 the line here and then crossed his name out. I'm not sure why 115 he did that but he was also very pro what we're doing because 116 they have, on this street there's one other house that was 117 purchased and torn down and built new and they were not happy 118 with that process. 119 So they're happy that we're keeping the look of the 120 neighborhood. 121 MR. MISLEH: Anything else to add? 122 MR. MITCHELL: I don't think so. 123 MR. MISLEH: Okay. Thank you. 124 I'd like to go ahead and open it up to the Board to 125 ask questions. 126 MR. BARTLETT: Thank you very much. I have a question 127 for you. 128 On this plat where you have the new structure in red, 129 there's a green line and I'm just curious what that green line 130 is. Is that like a silt fence that you're planning on? 131 MR. MITCHELL: I believe that's what that is. Oh, no, 132 that's the setback for the entire lot property. 133 MS. ROUZI: I'm sorry, just to jump in to clarify. 134 There are two different plats with two different green lines. 135 This is the setback. 136 And then, Mr. Bartlett, I think the one you were 137 holding in your hand, the solid green line, is that the one 138 you're asking? 139 MR. BARTLETT: Yes. 140 MS. ROUZI: Okay. I believe that's the limits of 141 disturbance, no? 142 MR. MITCHELL: Okay. 143 MR. BARTLETT: Okay. And just to clarify, there's no 144 need for a variance on the left side facing of the property, is 145 that correct? 146 MR. MITCHELL: Just the right side. 147 MR. BARTLETT: And so the variance is limited to the 148 area of the existing, basically the existing first floor that is 149 currently 8.1 feet and you're just asking to build straight up 150 on top of that current non-conforming structure. 151 MR. MITCHELL: Yes. 152 MR. BARTLETT: Okay. 153 MS. WARD: And then just to confirm the rear addition, 154 the new portion of the house will keep the 10 foot setback? 155 MR. MITCHELL: Yes. Definitely. We're going back on 156 the side that conforms and then the side that doesn't conform 157 will have the screened porch which will be set back in 2 feet 158 from the edge of the house. 159 MS. WARD: Okay. Thank you. 160 MR. EPPLER: Even though it looks in the photos that 161 the "after", it looks like there's a second floor, but it's 162 actually just going to be a high ceiling with a gable on it. 163 MR. MITCHELL: No, there will be a second floor. In 164 the front it will have a gable so there will be 3 feet I believe 165 of dead space where -- because the ceiling will be sloped down 166 the front to keep the Cape Cod look. So there will be about a 3 167 foot knee wall there where it will start off at about 7 feet for 168 the front wall. So it will be a sloped ceiling along the front 169 edge of the house but the side with the large dormer will have 170 higher ceilings in it. 171 MR. EPPLER: Got it. 172 MR. MISLEH: Any other questions? 173 MR. BARTLETT: I have no further questions. 174 MR. MISLEH: All right. Thank you, sir. 175 At this point we'll close the presentation and we'll 176 open it up for internal Board discussion. 177 MR. KIEN: I'll start. 178 Thank you again. This is thoughtful. It's very 179 thorough. I personally think I wish it wasn't necessary based 180 on the variance that you're seeking and within the existing 181 footprint but it is and we really appreciate the time and effort 182 that went in to providing all this information for us today. 183 Thank you for that. 184 MR. EPPLER: So at least as I understand, we have a 185 fairly longstanding policy of approving straight-up additions 186 that don't extend out and don't add additional variance issues 187 and this seems to fall directly within that. So I think you've 188 done a very good job of laying this out in such a way that 189 follows as best you can given that, where the footprint you're 190 given, but you've not extended beyond that. You're not asking 191 for lots of additional exceptions. So thank you. 192 MR. MITCHELL: No problem. We try to keep it very 193 straight with the neighborhood. 194 MR. BARTLETT: I'll just reiterate that. Thank you 195 for remaining in your current non-conforming space and not 196 asking for more. 197 MR. MITCHELL: No problem. 198 MR. BARTLETT: It makes it a lot easier. 199 MS. WARD: Yeah, I'll echo the others. I see this as 200 pretty standard from what we get for staying within the setback. 201 So anyway, I'm supportive of this. 202 MR. MISLEH: Thank you, everyone. 203 I'd also like to just go on record as usual stating 204 that I believe that this type of variance should be within 205 staff's authority to approve. 206 And so thank you for taking the time and putting forth 207 the effort to come here tonight and to present this package. 208 So if someone would like to go ahead and make a 209 motion. 210 MR. KIEN: I will make a motion to approve variance 211 application V1639-23 by Mitch Gershman, applicant and owner, for 212 a variance to Section 48-263(3)a. to allow a second-story 213 addition above a non-conforming side-yard setback of 8.1 feet 214 instead of the required 10 feet maximum. 215 MR. EPPLER: I will second that motion. 216 MR. MISLEH: Thank you. 217 Laura, if you could please call the vote. 218 RECORDING SECRETARY: Sure. 219 Mr. Misleh. 220 MR. MISLEH: Yes. 221 RECORDING SECRETARY: Ms. Ward. 222 MS. WARD: Yes. 223 RECORDING SECRETARY: Mr. Bartlett. 224 MR. BARTLETT: Yes. 225 RECORDING SECRETARY: Mr. Eppler. 226 MR. EPPLER: Yes. 227 RECORDING SECRETARY: And, Mr. Kien. 228 MR. KIEN: Yes. 229 RECORDING SECRETARY: Thank you. 230 MR. MISLEH: Thank you for coming this evening and 231 good luck with your project. 232 MR. MITCHELL: Thank you very much. Appreciate it. 233 MR. MISLEH: I'd like to make sure we note for the 234 record that it's the 8.1 minimum -- I mean, sorry. 235 MR. EPPLER: It's 10 feet maximum. 236 MR. MISLEH: Yeah, that's what I meant. 237 MS. ROUZI: Yes, that's correct. It should be 238 minimum. Thank you for saying that on the record. We'll make 239 those corrections. 240 MR. MISLEH: Thank you. 241 242 6. APPROVAL OF MINUTES 243 a. Approval of the March 12, 2023, Minutes 244 MR. MISLEH: So let's go ahead and review the meeting 245 minutes from March 12. 246 (Minutes reviewed.) 247 MR. MISLEH: Would someone like to make a motion? 248 MR. EPPLER: I will make a motion to approve the 249 minutes of the Board of Zoning Appeals meeting on Thursday, 250 March 16th. 251 MS. WARD: I'll second. 252 RECORDING SECRETARY: Mr. Misleh. 253 MR. MISLEH: Yes. 254 RECORDING SECRETARY: Ms. Ward. 255 MS. WARD: Yes. 256 RECORDING SECRETARY: Mr. Bartlett. 257 MR. BARTLETT: I'll abstain. I was not here. 258 RECORDING SECRETARY: Mr. Eppler. 259 MR. EPPLER: Yes. 260 RECORDING SECRETARY: And, Mr. Kien. 261 MR. KIEN: I will too abstain because I was not here. 262 RECORDING SECRETARY: Thank you. 263 264 7. OTHER BUSINESS 265 MR. MISLEH: Do we have any Other Business this 266 evening? 267 MS. ROUZI: No, we do not. 268 269 MR. MISLEH: Do we have the April minutes? 270 MS. ROUZI: We got it after this packet was posted so 271 we'll bring it for the next meeting. 272 MR. MISLEH: Thank you. 273 8. ADJOURNMENT 274 MR. MISLEH: So if there's nothing else this evening, 275 go ahead and move to adjourn. 276 RECORDING SECRETARY: Those in favor of adjournment? 277 (A chorus of "ayes.") 278 RECORDING SECRETARY: Thank you. 279 MR. MISLEH: Thank you. 280