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 Page 2 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) Page 3 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 Page 4 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 Page 5 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. Page 6 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