Board of Appeals Supplemental Staff Report Variance Application VAR2020-00085
MEETING DATE: October 8, 2020
REPORT DATE: October 2, 2020
FROM: Cas Chasten, Principal Planner Planning Division 240.314.8223 [email protected]
APPLICATION Zoning variances requested from side DESCRIPTION: yard and front yard setback requirements of the R-60 (single unit residential detached) Zone, for the construction of an attached garage and vestibule addition at 406 Carl Street.
APPLICANT: Shahin Batmanglich TANZ Architects 13 Martins Lane Rockville, Maryland 20850
Authorized Agent for Vladislav Trakhtengarts (Property Owner)
FILING DATE: March 19, 2020
RECOMMENDATION: Approval, subject to conditions as referenced on page 11 of this staff report
EXECUTIVE Vladislav Trakhtengarts, represented by Shahin Batmanglich (collectively, the SUMMARY: “Applicant”), is requesting zoning variances of: (i) four (4) feet from the minimum eight (8) foot side setback, allowing a new proposed attached garage to be located within four (4) feet of the side yard lot line; and (ii) six (6) inches from the minimum of twenty-five (25) feet front yard setback, to allow a new proposed attached garage and front vestibule to be located within 24’6” of the front yard lot line.
Table of Contents Site Description ...... 4 Project Proposal ...... 5 Requested Variances ...... 6 Applicable Sections of the Zoning Ordinance ...... 7 Findings & Staff Analysis ...... 7 Staff Recommendation ...... 11
Exhibits 1. Site Plan 1-1 2. Aerial Map……………………………………… 2-1 3. Planned Land Use Map…………………… 3-1 4. Zoning Map……………………………………… 4-1 5. Application Materials …………….………… 5-1
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
Site Description
Location: 406 Carl Street (the “Property”) Applicant: Shahin Batmanglich, TANZ Architects
Land Use DRH – Detached Residential (High Density – Over 4 Units per Acre) Designation:
Zoning District: R-60, Single Unit Detached Dwelling – Residential
Existing Use: Single Family Residential – Detached Dwelling
Parcel Area: 13,067 sq. ft. per SDAT Info.
Subdivision: Silver Rock Park, Lot 10 (Block F) Section 8 Building Floor 3,340 Square Feet (above grade) per SDAT Info. Area: Dwelling Units: One (1) Existing Single - Family Detached Dwelling Proposed Attached Garage (15 Feet in Height) and Entryway (Less than Building Height: 15 feet in Height) Parking: Existing On-Site Driveway – Two (2) Vehicular Parking Spaces
Vicinity
Surrounding Land Use and Zoning
Location Zoning Planned Land Use Existing Use Detached Residential Single Unit Detached North R-60 (High Density, Over 4 Dwelling Units Per Acre) Detached Residential Single Unit Detached East R-60 (High Density, Over 4 Dwelling Units Per Acre) Detached Residential Single Unit Detached South R-60 (High Density, Over 4 Dwelling Units Per Acre) Detached Residential Single Unit Detached West R-60 (High Density, Over 4 Dwelling Units Per Acre)
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
Previous Related Actions A building permit (BLD2008-14399) was issued to Vladislav Trakhtengarts on June 3, 2008 by the Inspection Services Division for the construction of a 20' x 44' inground swimming pool in the rear yard of the Property.
Site Description The Property is 13,067 square feet in size. It is improved with a single-family detached dwelling originally constructed in 1955. According to the Maryland Department of Assessment & Taxation, the home is 3,340 square feet in size. The property has a concrete paved driveway accessed from Carl Street that accommodates two (2) vehicles. At the rear of the Property is an inground swimming pool ringed by at-grade concrete patio decking.
While the grade at the front of the property is relatively level, the grade rises toward the rear yard. Retaining walls and terraces have been built proximate to the inground pool and along the south side of the Applicant’s home to address the rising grade. The property is lightly landscaped and contains mature vegetative plantings varying in species and size.
Aerial View of 406 Carl Street
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
Aerial View of 406 Carl Street
REVISED PROJECT PROPOSAL
The Applicant has revised the original proposal to reduce the amount of relief originally requested, as follows:
• Original Proposal -- The original proposal called for the following additions: 1) an attached garage located on the southeast side of the home, measuring 15' in width, 25' in depth, and 15' in height at its peak; and 2) a one-story front vestibule building addition measuring six feet, eight inches (6'8'') in depth an approximately 24' in width. The original proposal created a substandard side yard of 3' (8' minimum required) and a substandard front yard of 23' (25' minimum required). The staff report recommended denial of the relief requests.
• Revised Proposal -- The Applicant’s revised proposal lessens the amount of side and front yard relief requested by reducing the proposed additions. The Applicant now proposes: 1) an attached garage located on the southeast side of the home, measuring 14' in width (one foot narrower than originally proposed), 23 feet 7 inches (23'7'') in depth (15 inches less than originally proposed), and 15' in height at its peak; and 2) a
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
one-story front vestibule building addition measuring five feet, five inches (5'5") in depth (15 inches less than originally proposed) and approximately 24' in width.
The additions would be constructed with similar materials found on the existing home, such as brick, vinyl siding, and asphalt roof shingles.
REQUESTED VARIANCES
In accordance with Sec. 25.10.05 of the Zoning Ordinance (“Ordinance”), single detached residential dwellings located in the R-60 Zone are required to maintain the following setbacks: (i) an 8' setback from side yard lot lines; and (ii) a 25' setback from front yard lot lines.
The proposed attached garage would have a 4' side setback, requiring a variance of 4', and a 24'6'' front yard setback, requiring a variance of 6''. The proposed front vestibule addition would be set back 24'6'' from the front lot line, which aligns with the front of the proposed garage, and also requires a variance of 6''.1
406 Carl Street – Front Yard View
1 See Section 25.03.03 – Terms of Measurement and Calculation: … (b)(1) Rounding – Measurements or other numbers are not rounded up in order to meet a minimum requirement or rounded down in order to meet a maximum requirement.
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
APPLICABLE SECTIONS OF THE ZONING ORDINANCE Per Section 25.03.02 of the Ordinance, the term variance is defined as a “modification only of density, bulk, or area requirements in the zoning ordinance, where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of any action taken by the applicant, a literal enforcement of this Chapter would result in practical difficulty.”
COMMUNITY OUTREACH Public notification of the pending application, including sign posting, and written notification, was made pursuant to the requirements of Section 25.06.03.c. of the Ordinance. There are no area meetings required for a variance application.
FINDINGS & STAFF ANALYSIS
In accordance with Section 25.06.03.e. of the Ordinance, a variance may be granted by the Board of Appeals if it finds that:
1) The variance as requested would not be contrary to the public interest.
Staff finds that the requested side yard variance would not be contrary to the public interest.
Side yard setback
The proposed new 14' wide, 23'7'' deep attached garage would reduce the existing 18' side yard to 4'. Even with the revised proposal, the physical separation between the Applicant’s home and the neighboring property to the south at 404 Carl Street (“the Nearest Neighbor”) would be significantly reduced. But as noted in initial staff report, there is no evidence that the reduction would create safety or fire access problems. Approximately 14' would still separate the Applicant’s addition from the neighboring home. The proposed 4' side yard appears to strike a balance between retaining sufficient separation with the nearest structure while allowing the applicant to reasonably expand the home with a functional garage.
Front setback
The proposed attached garage, along with the proposed one-story front vestibule (collectively, the “Front Additions”), would be set back 24'6'' from the front lot line rather than the required 25'. The impact of the additional 6'' projection into the front yard by the proposed garage and vestibule would be minimally perceptible. Additionally, the applicant’s architect has designed the garage and front vestibule building additions to “enhance the
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
appearance of the neighborhood by softening and reducing the bulky mass of the existing home” and to improve the home’s attractiveness.
2) The request for the variance is the result of conditions peculiar to the property and not the result of any action taken by the applicant.
Zoning variances allow property owners to seek relief from respective development standards of the Ordinance, where there exist physical or natural site conditions and characteristics that make compliance with Ordinance development standards not possible or require unconventional efforts to implement.
Side yard setback
Staff finds that there are physical improvements and site conditions specific to the applicant’s property that are unlike those of neighboring properties in the immediate site area, and that make strict compliance with the Ordinance development standards not possible. Several conditions on the property impact the placement of the proposed garage. There is substantial rise in surface grades between the front and rear areas of the property, requiring retaining walls to be built between the inground pool and along the south side of the applicant’s home. While the topography of the site presents challenges, the presence of the large inground pool (constructed by the applicant) further limits the possible locations where a detached garage could be placed on the property. To construct a rear detached garage would involve substantial physical excavation and the introduction of new retaining walls. It would also unduly impact other existing improvements on the site, including the rear patio and inground pool. As a result, the peculiar conditions of the property dictate that the only location suitable for a garage is beside the home where the existing driveway is located.
Front Setback
The Applicant has reduced the intrusion of the additions into the front yard setback by 15'' – for a total setback of 24'6'' -- compared to the original proposal. As a result, the front setback is only 6'' deficient from the minimum required 25' setback. The placement of the front addition is a result of the location and orientation of the house on the lot, which was also designed with a flat façade lacking a formal entryway.
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
VAR2020-00085 – 406 Carl Street – Site/Building Plan
3. Literal application of this Chapter would result in practical difficulty;
Staff finds that the literal application of this Chapter would result in a practical difficulty to the Applicant.
Side yard setback
Based on the peculiar conditions of the property, the only reasonable location for an attached garage is beside the home where the existing driveway is located. As discussed earlier, locating a compliant detached garage in the rear yard would be unreasonably challenging due to the severe grade change, retaining wall infrastructure, and improvements already located in the rear yard. To create a compliant side addition, the garage would be limited to a maximum of 10' in width. Such a narrowness would likely leave an interior space insufficient for the garage’s utility. The applicant's revised design reduces the width of the proposed garage by a foot from the original design -- to 14 feet in width -- and will accommodate a 4-
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
foot side yard. The 14-foot wide garage design will provide a functional space consisting of a single parking spot and narrow tool storage cabinetry.
Front setback
Staff find the amount of intrusion into the required front yard of 6'' as a de minimis amount. The proposal would continue to provide a 24'6'' setback from the front lot line. While the slight deviation will visually have little discernable impact, strict compliance with the front setback rule likely would have an outsized impact on the functionality of the vestibule. As proposed, the front vestibule extends 5'5'', with an interior depth of 4’9”. A further reduction of 6” would reduce the interior depth by 10.5% to slimmer depth of 4’3”, which would likely diminish the space’s utility.
4) The granting of the variances is not inconsistent with the purpose of the Zoning Ordinance.
In accordance with Sec.25.06.03.a. of the Ordinance “variances may be granted by the Board of Appeals from the strict application of density, bulk, or area requirements of the development standards set forth in this chapter, or more specifically in the subject case those found under Sec.25.10.05.a.”
Granting the side and front yard setback variances requested by the Applicant would be not contrary to the public interest, since such relief is necessitated by site characteristics and physical improvements specific to the Property. The site’s topography, house location and placement, are all conditions that contribute to the requested setback variances, which are not the result of any actions brought about by the Applicant. The new attached garage and front building vestibule additions are intended to enhance the safety, energy efficiency, convenience, and living condition of the Property. The Applicant has also conveyed that their vehicles have been broken into on two occasions, as have neighbors’ vehicles. They also report that their storage shed has been burglarized. As such, the granting of the variance requested would not be inconsistent, but in keeping with the purpose, intent, and spirit of the Ordinance. Thus, staff finds that due to site conditions and natural features, which are peculiar to the subject site, and the extent of relief requested, is not contrary to the purpose of the Zoning Ordinance.
STAFF RECOMMENDATION: Based on the information provided and factors specific to the subject request, staff recommends approval of Variance VAR2020-00085, which includes the following requested variances: 1) a side yard setback of 4' from the 8' required, in order to construct an attached garage; 2) front yard variance of 6'', in order to construct the attached garage and vestibule. Grant of said building setback variances is subject to the following conditions:
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Variance Application VAR2020-00085 406 Carl Street, Rockville, Maryland 20851 October 8, 2020
1) The proposed home additions must be constructed in substantial accordance with the plans and illustrations provided and prepared by TANZ Architects.
2) The Applicant must submit an Affidavit of Posting certifying that the public hearing sign has been posted on the property in accordance with City requirements.
ATTACHMENTS: Exhibit Attachment “1” – Site Plan Exhibit Attachment “2” – Aerial Map Exhibit Attachment “3” – Land Use Map Exhibit “4” - Zoning Map Exhibit “5” - VAR2020-00085 Application Materials
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Exhibit 1: Site Plan
Page 1-1
Exhibit 2: Aerial Map
Page 2-1
Exhibit 3: Planned Land Use Map
Page 3-1
Exhibit 4: Zoning Map
Page 4-1