February 14 , 2001
SUBJECT: Special Exception Application SPX2001-00309 Applicant:
Mrs. Regina Teichler 24 Guy Court Rockville, Maryland 20850 Planning Commission
Review Date:February 20, 2002 Board of Appeals Public
Hearing Date:March 2, 2002
REQUEST:
In accordance with Section 25-296 of the City’s Zoning Ordinance, the applicant
seeks special exception approval to establish an accessory apartment on the
main level of a two story home addition that will be constructed on her home,
which is located in the R-90 (single family detached, restricted residential)
Zone.
RELEVANT ISSUES:
STAFF RECOMMENDATION:
Approval is recommended
subject to full compliance with the following conditions:
Note: In order to
record the conditions, staff will provide the applicant with a form of “declaration”,
the document and legal instrument the applicant must complete and file with
the office of land records.
ANALYSIS:
Property Description
The subject property is located on the south side of Guy Court, approximately
600 feet southwest of Dundee Road. The applicant’s property is approximately
18,555 square feet in size and is located in the residential subdivision of
Barnside Acres. The property is improved with a one-story single family detached
dwelling (with a basement) which is frame and brick construction. The site's
topography ranges from gradual to pronounced surface sloping. The surface elevation
of the front yard is higher than the surface grades of the side and rear yard
areas of the site. The surface grades around the front base of the dwelling
are relatively flat but begin to fall towards the south (rear) and west (side)
yard areas of the site. The subject property contains numerous large trees,
a variety of plantings, all ranging in species and size, i.e., hardwood trees,
evergreen shrubs, hedges, flowering and non-flowering plants, etc.
The applicant plans to expand the existing dwelling via construction of a two-level
addition on the west side of the dwelling. The ground floor of the new home
addition as denoted on the attached floor plans, will be used as a workshop.
The second story/main level of the new home addition is designed to serve as
living quarters for the applicant (Mrs. Regina Teichler). These living quarters
will contain a family/living room, dining room, kitchen and cooking facilities,
a full bath, and two bedrooms. The applicant has affirmed that the bedroom identified
on the floor plans as “bedroom one” will not be used primarily as
a bedroom, but as a sitting room/den. Along with the planned construction of
the home addition, the existing on-site driveway will be widened, creating parking
facilities that will accommodate three-(3) vehicles.
Proposed Site Use
The applicant seeks special exception approval to establish an accessory apartment
on the main level of the two-level home addition that will be constructed on
the western side of the dwelling located at 24 Guy Court. The proposed new living
accommodations will serve as the applicant’s primary residence. The applicant’s
daughter and her young family will occupy the remainder of the home. The applicant
wishes to stay in her home in order to remain in close proximity to her daughter
and her family. Through the establishment of the accessory apartment, the applicant
will also be able to stay in her home, without having the sole burden and responsibility
of fully maintaining the larger overall dwelling. The applicant has contracted
an architect and builder to design and construct the new addition to accommodate
her daily living needs, while maintaining the architectural style of the existing
home.
While the proposed accessory apartment is designed to function independently
from the overall dwelling (i.e., exterior access, living amenities, utilities,
etc.) the proposed home addition in which the accessory living unit will be
located, does allow internal access between the existing home and newly constructed
home addition. As per the plans submitted with the special exception request,
and those submitted with the project’s previously approved building permits
for the new addition, the planned home expansion is designed and to be constructed
of building materials compatible with the existing dwelling.
Exterior dwelling access to the accessory apartment will be provided via a separate
front entry door and like that of the existing dwelling, it will not be readily
visible from the site’s street frontage. Like that of the existing dwelling,
the exterior “front” entrance door to the accessory unit will be located
on the main level (See Exhibits “2” & “4”). Although
the accessory apartment will not have interior access to the ground level of
the new home addition, where the new workshop will be located, it will have
interior access to the main dwelling.
Staff notes that the approved building permit (BLD2002-07042) which has been
issued for the planned home addition was approved with the understanding that
the permit is for the home addition alone. The applicant was informed that construction
of her home addition could commence, but that she would need to file and be
granted a special exception, before she could install a kitchen and formally
establish an accessory living unit within the new home addition. Thus, the applicant
submits the subject special exception and requests approval to establish the
accessory apartment as proposed.
Applicable Sections of the Zoning Ordinance & Staff Assessment
As per Section 25-296 of the Ordinance accessory apartments are permitted in
the R-90 Zone by grant of special exception. In accordance with Section 25-338
of the Ordinance the Board of Appeals shall not grant any petition for special
exception unless it finds from a preponderance of the evidence of record that:
1. The proposed use will
not adversely affect the City's Master Plan (the Plan), Zoning Ordinance, or
any other applicable law/s; and
The use does not violate or adversely affect the Plan or any known laws of the
City of Rockville. The land use designation of the property as assigned by the
Plan, is for detached residential (medium density – 2.5 to 4 dwelling units
per acre) land usage, which is also consistent with the property’s R-90
zoning classification. By allowing accessory apartments in residential zones
as special exception uses, it is inferred from the ordinance that these residential
uses are appropriate and compatible with other uses in the zone, if it can be
shown that these accessory units will not have an adverse impact on neighboring
properties.
2. The proposed use at the location selected will not: a) Adversely affect
the health and safety of residents or workers in the area; or b) Overburden
existing pubic services, including water, sanitary sewer, public roads, storm
drainage and other public improvements; or c) Be detrimental to the use or development
of adjacent properties or the neighborhood; and d) Change the character of the
neighborhood in which the use is proposed, considering services currently required,
population density, character and number of similar uses; and
As previously noted, the
accessory apartment is being established to serve as the primary residence of
the applicant, allowing the remainder of the dwelling to be occupied by the
applicant’s daughter and her young family. The applicant is a widow and
desirous of staying in her home, maintaining a residence with her family, but
not having the lone responsibility of maintaining the larger home, as she moves
towards advanced age. Based on the petition as submitted, the home addition
and proposed accessory apartment, in which it will be located, pose no concern
to the health, safety and welfare of persons living or working in the community.
The site is currently served
by public water and sewer, which will not require major upgrade or retrofit
to serve the proposed accessory living unit. There is no evidence that there
will be any substantive increase in vehicular traffic generated from the applicant’s
home, because of the formal establishment of the proposed accessory apartment.
As noted, the applicant has obtained a building permit and construction of the
home addition is expected to commence within days of the writing of this staff
report. At this stage in the development review process, there are no indications
that existing storm drainage, sanitary sewer, and other public improvements
within the subject site are will require significant upgrades to accommodate
the planned expansion of the applicants’ home and/or other associated site
development improvements.
The building addition in which the accessory apartment will be located, complies
with building setback, height limit, and lot coverage requirements of the R-90
Zone. As noted, the subject property is approximately 18,555 square feet in
size. The existing dwelling has a lot coverage of 1,889 square feet, the proposed
new addition will have a lot coverage of 780 square feet, combined the existing
dwelling and new addition will have a lot coverage of approximately 2,669 square
feet, i.e., 14.4%. As per the Zoning Ordinance the maximum lot coverage allowed
in the R-90 Zone is 25%.
While the accessory apartment will serve as the applicant’s primary residence,
it will be subordinate to the principal use of the property, i.e., single family
detached residential use. Thus, it is highly unlikely that the applicant’s
occupation of the accessory unit, would create any physical disruption to neighboring
properties. The property is located within a well established, residential neighborhood,
comprised of both single-family detached and attached dwellings. The owner has
been advised that the accessory unit must be operated and maintained in accordance
with all applicable requirements of the Zoning Ordinance. Such adherence serves
to insure that the health, welfare, and safety of the community will not be
adversely impacted by the proposed use.
There is no evidence that the availability and/or delivery of public services
within the subject site area will be altered or adversely impacted by the requested
site use, i.e., public schools, police, fire & rescue, trash collection,
street maintenance & repair, snow removal, etc. Since the City’s Zoning
Ordinance restricts the number of persons who can legally occupy the accessory
unit, the limited number of persons (i.e., three) that can legally occupy the
subject unit would not substantively impact the population density of the site
area.
Since such land uses are permitted only by grant of special exception, there
is no evidence that the formal establishment of the applicant’s accessory
unit, will bring about the proliferation of similar land uses within the site
area. Staff does note, that there has been only one other special exception
granted for the establishment of an accessory apartment within the general site
area in the past ten years. On April 13, 1993, the Board of Appeals granted
special exception approval to Mr. James Finizio, property owner at 301 Hurley
Avenue, to establish an accessory apartment on the basement level of his home,
at the subject location (ref. Special Exception S-203-93).
3. The proposed use complies
with the requirements of the Ordinance applicable thereto.
Submission of the subject special exception request represents the applicants
efforts to satisfy and comply with all Ordinance requirements to legally establish
an accessory apartment on the subject property located in the R-90 Zone.
In addition to satisfying the above (general) "standards for granting"
a special exception request, as per Section 25-372(b) of the Ordinance
the following "special development and use requirements" are applicable
to the use as proposed:
1. An accessory apartment must be part of or have at least one party wall in common with the main dwelling. An accessory apartment may not exist in an accessory building.
The accessory apartment will be located on the main level of the two-story home addition to be constructed on the west side of the applicant’s home.
2. Only one accessory apartment may be created in or attached to an existing one family detached dwelling.
The applicant’s accessory unit will be the only such use on the subject property.
3. Such use is not allowed on lots which: a) are occupied by a family of unrelated persons; b) contain another apartment, rooms for rent, a boarding house; and/or c) where any other rental uses exist.
The applicant affirms that she is the sole “owner” of the subject property/dwelling. There will be no other accessory apartment or rooms for rent in the applicant’s home. She does not propose to convert other portions of the home for rental purposes, nor will the dwelling be used as a boarding house. The applicant further affirms that the accessory unit will be her primary residence and that her daughter’s family will reside in the remainder of the dwelling
4. Both the main dwelling and the accessory apartment comply with all appropriate standards, including off-street parking requirements.
In conjunction with the planned home expansion, the applicant plans to widen the existing site driveway, creating on-site parking to accommodate three (3) vehicles. As of this writing, the subject property is in substantial compliance with off-street parking requirements and all other known development standards and regulations of the R-90 Zone. Section 25-395(11) of the Zoning Ordinance requires a minimum of two (2) on-site parking spaces be provided for single family residential dwellings.
Section 25-395(13)c. of the Ordinance requires one and one-half (1_) parking spaces for each apartment with two or more separate bedrooms in a multiple unit dwelling. As per this provision, the establishment of the two-bedroom accessory apartment would require the applicant to install and/or modify the existing site driveway to accommodate four (4) vehicles in lieu of the three (3) spaces proposed. The applicant’s architect indicates that the proposed “bedroom one,” shown on the proposed building floor plans, will not be used primarily as a bedroom but as a sitting room/den that contains sleeping accommodations for occasional use.
Staff also notes that in accordance with Section 25-372(f) of the Zoning Ordinance entitled Additional Conditions, the Board of Appeals may protect and limit adverse impacts on adjacent properties and the neighborhood, by limiting the total number of motor vehicles that may be parked on the lot, and/or by limiting the total number of vehicles that may be utilized and parked on the street, by the occupants of both the accessory apartment and the main dwelling. The Board can allow, as a condition of approval, the applicant to park a family vehicle on the street, if it deems an additional parking space is needed, thus eliminating the need to widen the existing site driveway to accommodate four (4) vehicles. Based on the manner in which the accessory unit is to be used (occupied solely by the applicant), staff recommends that the on-site driveway be modified/widen to accommodate only three (3) vehicles
5. Any separate entrance to the accessory apartment must be located so that the appearance of a single-family dwelling is preserved.
The applicant affirms that the exterior front entrance located on the planned home addition which will provide entry/exit to and from the accessory apartment has/will be designed, constructed, and installed to maintain and not detract from the appearance of the home’s single family detached character. As designed, the front entrance to the proposed accessory unit (like that of the existing dwelling) will not be readily visible from the site’s street frontage.
6. All external modifications and improvements to the single family detached dwelling in which the accessory apartment is to be created or to which it is to be added must be compatible with the existing dwelling and surrounding properties.
The applicant’s architect affirms that the proposed home addition in which the accessory unit is located, has been designed and will be constructed of building materials that are consistent in color, make, and quality to that of the existing dwelling. Also, the two-level addition will be in keeping with the architectural style of the existing dwelling.
7. All modifications to the lot must be compatible with surrounding properties.
The design, scale, and mass of the applicant’s home addition will not be out of character or inconsistent with other homes located in the neighborhood. The subject property is approximately 18,555 feet in size, with ample land area to accommodate the planned home expansion. As noted the site’s driveway will be widened to accommodate three vehicles. Based on field observations, staff notes that all of the attached single family dwellings (town homes) located north and east of the applicant’s home have off-street parking facilities that to accommodate numerous vehicles. The modest expansion of on-site parking for the subject property would be in keeping with the character of the site area.
8. The accessory apartment must show and utilize the same street address (house number) as that of the main dwelling.
No separate address will be used for the accessory apartment.
9. No variance may be granted to accommodate an accessory apartment.
No variance is needed to establish the proposed accessory apartment.10. The accessory apartment may not house more than three (3) persons and must be subordinate to the main dwelling.
The applicant has been made aware of the occupancy restriction and that the proposed accessory unit is a subordinate use of the main dwelling.
(c) Ownership Requirements
(1) The owner of a lot on which an accessory apartment is located must occupy one of the dwelling units, except for bona fide temporary absences not exceeding six months in any twelve-month period. The Board may increase the period of temporary absence at any time upon finding that a hardship would otherwise result. Any request for an extension of the period of temporary absence made subsequent to the initial grant of special exception shall be made in compliance with procedures for modification of a condition of special exception.
(2) For the purposes of this section, “owner” means an individual who owns a substantial equitable interest in the property as determined by the Board.
The applicant affirms that the dwelling located at 24 Guy Court is her primary residence and that she is the owner of the property.
Lastly, the Board of Appeals
must make the following findings in addition to all of the other noted findings
and requirements in granting the subject special exception request:
1. That such use will
not constitute a nuisance because of traffic or number of people, and will cause
no objectionable noise, odors, or physical activity.
Based on the applicant’s intended use of the accessory unit, there is no evidence that her occupancy of the accessory unit will generate excessive amounts of vehicular traffic. As noted, the applicant will reside in the accessory unit and her daughter’s family will occupy the remainder of the house. Up until two years ago, the applicant and her late husband, had owned their home since the mid 1970s. Coupled with health concerns and the desire to remain close to family, the applicant wishes to remain in her home and not be faced with the sole responsibility of maintaining a large home. Hence the establishment of the proposed accessory apartment will enable the applicant to maintain a separate and independent residence from that of her daughter’s family, and yet still remain in the home she has lived in for so many years. There is no evidence that the establishment and use of the accessory unit will create or cause excessive site activity, heighten noise levels, or generate added vehicular traffic within the neighborhood.
2. That such use will
not adversely impact parking or the traffic situation in the neighborhood.
Once the new home addition is constructed, coupled with the planned widening
of the on-site driveway, the applicant/s will be able to park a minimum of three
(3) vehicles on-site. Due to the modest size of the accessory unit (as compared
to the overall dwelling), coupled with the manner in which it is to be used,
there is no evidence that the establishment of the accessory apartment will
alter or adversely impact parking patterns within the subject site area. On
those occasions when the applicant and/or her daughter’s family have guests,
there should be sufficient on-street parking to accommodate such short-term
parking needs. Little if any appreciable impacts on neighborhood parking and
traffic generation are anticipated.
Based on all of the noted factors as reviewed in this staff report, staff recommends
that Special Exception Application SPX2001-00309 be approved subject to the
conditions referenced on pages one and two of this report.
COMMUNITY NOTIFICATION
PROCESS
Notification cards were
sent to abutting property owners informing them of the application request,
pending Planning Commission meeting and Board of Appeals public hearing, at
which time the request will be publicly heard and considered. Notices were sent
to 360 property owners located within the site area. A list of addressees is
contained in the project’s application file, available for public review
and inspection.
/cdc
Attachments
Exhibit “1” –
House Location Plat
Exhibits “2” – Site Development Plan
Exhibits “3” & “4” – Floor Plans
Exhibit “5” Roof Plans
Exhibits “6” & “7” – Elevation Drawings