zoning

Residents Launch Petition to Change Zoning Ordinance After Home Extension Denied

By Chris Teale

Two residents have launched a petition to try to change the Arlington County Zoning Ordinance after the Board of Zoning Appeals denied their plan to add a story to their home.

John and Gina Quirk, who live on 20th Road N. in the North Highlands neighborhood north of Rosslyn, had an application to convert an unused attic at their duplex home (pictured above) into a third-story bedroom rejected by the BZA late last year.

John Quirk said the “minimal” addition to make more room for their expanding family had the support of all their neighbors. It also had the support of some BZA members, who said at their December meeting that the fact that it stayed within the property was laudable.

“I think this is a really wonderful attempt to gain more space without increasing the footprint, and if we don’t grant these kinds of variances, then we’re faced with variances where they want to expand with the footprint,” said BZA member Charles Smith. “I think this gives developers and builders a [really] good model on how you can gain more with less.”

But the BZA voted down the proposal by a 3-2 margin on the grounds that the R2-7 zone for the property, a residential zone for townhouses and two-family homes, does not allow for such expansions by homes that were built before the Zoning Ordinance took effect. This home was built in 1939.

Such extensions are allowed for homes in other, similar residential zones, but in the Quirks’ zone it requires a special exception from the BZA.

In denying the extension, BZA members urged the Quirks to petition the County Board to change the Zoning Ordinance to allow the extensions in the zone where their home is.

“There’s hundreds like you, so maybe it could be a worthwhile community project for you to be the poster child for,” said BZA member Peter Owen, who also said the Zoning Ordinance is “broken.”

So the Quirks have done just that, and launched an online petition that has 91 supporters so far. The pair said their efforts could help the county address its lack of affordable housing and help people not be priced out of the county when they need more space.

“New county initiatives champion Missing Middle Housing as a strategy to support walkable, urban neighborhoods,” they wrote. “Duplexes are a perfect example of Missing Middle Housing if they can be improved to be compatible in scale to single family homes.”

Image via John and Gina Quirk

Morning Notes

By ARLnow.com

Arlington Chamber Seeking State Help — Possibly in response to the push for housing conservation districts, “the Arlington Chamber of Commerce is asking the General Assembly to ‘serve as a backstop and a safeguard’ against overreach by localities on planning and zoning matters.” [InsideNova]

Reminder: SmarTrip Change Next Week — As of Monday, Metro riders will no longer be able to run a negative balance on their SmarTrip cards. [WMATA]

‘Meet the Chair’ Scheduled — Arlington residents will be able to meet newly-minted Arlington County Board Chair Katie Cristol on the evening of Jan. 18, when the Leadership Center for Excellence holds its annual Meet the Chair event. [Leadership Center for Excellence]

SoberRide New Year’s Record — A record 1,225 people used the free safe ride service SoberRide on New Year’s Eve and New Year’s Day. Thanks to its new partnership with Lyft, SoberRide’s organizer says it “has removed well more than two times as many would-be drunk drivers from Greater Washington’s roadways as compared with the previous year.” [PDF]

District Taco Continues to Expand — Five Guys may be given a run for its money as the most successful Arlington-born restaurant chain. District Taco is now opening a location in the Center City section of Philadelphia. [Eater]

Snow Shovel Contest Winner — “This is Susan. She won our snow shovel, writing that her favorite phase of snow treatment/removal is Phase 1. Brine makes her giddy. Susan’s old shovel is from Nebraska and cracking. Way to go, Susan.” [Twitter]

Photo courtesy @BoccatoGelatos

Board to Discuss Outdoor Seating Changes After Westover Beer Garden Troubles

By Chris Teale

After the recent fight over the Westover Beer Garden’s outdoor seating, the Arlington County Board will consider some changes at its meeting next month.

Under a plan put forward by staff, the County Board could review the seating capacity and hours of piped-in music in outdoor seats governed by a use permit, like the Westover Beer Garden, on a case-by-case basis. It would mean the Board can approve exceptions to the rules of a use permit individually.

Standards that cannot be modified under a use permit include parking requirements, the use of portable lights and furniture and tying their opening hours to the attached restaurant’s.

The beer garden at 5863 Washington Blvd ran into difficulties earlier this year when it tried to add to its outdoor seating as county use permits expressly forbid having more outdoor seats than indoor seats.

That stands in contrast to the just-open Continental Beer Garden in Rosslyn, which has many more seats outside than inside and can do so because it went through a site plan process, which requires County Board approval and is much more involved than a standard administrative permit process.

Similarly, the proposed beer garden known as “The Lot” in Clarendon would need to go through a site plan process to ensure it can have more seats outside than inside under the current rules.

Staff said outdoor seating cannot be considered as permanent seating for a restaurant, and must continue to be treated as an optional extra.

“Because it is an accessory use, an outdoor café is not considered a permanent expansion of a restaurant’s seating capacity, as it is a transitory use which provides patrons with additional seating options on days with pleasant weather,” staff wrote. “The accessory outdoor café also goes largely unused during periods of cold, snow, and rain.”

The County Board voted unanimously Saturday to hold a public hearing on the subject at its November meeting. Staff will make a recommendation on whether the Board should adopt the changes beforehand, with the Planning Commission also set to weigh in.

Photo via Facebook.

Morning Notes

By ARLnow.com

Summer ride (Flickr pool photo by Erinn Shirley)

Minor Charges for Man Who Ran from Cops — The man who ran from police Tuesday in Ballston did so, apparently, to avoid being charged with driving on a suspended license and improper registration. He’s now also facing eluding and failure to I.D. charges. The passenger in the car did not flee and is being charged with identity theft and possession of drug paraphernalia. [Arlington County]

I-395 HOT Lanes ‘Pretty Close to a Done Deal’ — A plan to convert the I-395 HOV lanes to High Occupancy Toll lanes appears to be proceeding. Thanks to promises to use toll revenue to enhance carpooling and express bus service, Arlington officials have been generally supportive of the plan so far. That, after the county sued to block a previous I-395 HOT lane plan. [Washington Post]

Arlington Names New Zoning Administrator — Arlova Vonhm, the county’s Acting Zoning Administrator, has been appointed to the position on a permanent basis. “Vonhm, who joined the County in 2012 as a principal planner, leads a team of 30 Zoning staff. Her team collaborates with Inspection Services and other County staff to process and approve building permits, while actively enforcing the County’s Zoning Ordinance,” notes a press release. In the past few years, Arlington’s zoning administrators have drawn the ire of many in the business community for a heavy-handed approach to enforcing Arlington’s zoning rules. [Arlington County]

Flickr pool photo by Erinn Shirley

Morning Notes

By ARLnow.com

Southwest Airlines flight over the 14th Street Bridge (Flickr pool photo by Kevin Wolf)

Zoning Board Rules in Favor of Gun Store — Arlington Board of Zoning Appeals has rejected a challenge to the Certificate of Occupancy for Nova Firearms, the gun store at 2300 N. Pershing Drive in Lyon Park. A group of residents filed the appeal, claiming that the store’s owner submitted false information to the county. [Daily Caller]

Complaints About Aircraft Noise in Barcroft — Residents of Arlington’s Barcroft neighborhood are organizing a working group to address the issue of aircraft noise, particularly noise from low-flying helicopters. [Chamandy.org]

Another IRS Phone Scam — Arlington residents are reporting yet another phone scam. If someone calls you out of the blue, says they’re from the IRS and tries to get you to reveal personal information, it’s probably a scam. [WJLA]

New Leader for Arlington Arts Center — Holly Koons McCullough has been named the new executive director of the Arlington Arts Center. Previously, McCullough served as director of the Greater Reston Arts Center. [Washington City Paper]

New Director of Transportation for APS — The Arlington School Board has approved the appointment of Angel Garcia-Ablanque as the school system’s new Director of Transportation. He was previously Assistant Director of Transportation for Montgomery County Public Schools. [Arlington Public Schools]

Fundraiser at Celtic House — Celtic House (2500 Columbia Pike) is holding a fundraiser for two veterans organizations today. The Irish pub, an ARLnow.com advertiser, will be donating a portion of all sales today to Wings for Warriors and Links to Freedom.

Flickr pool photo by Kevin Wolf

Zoning Board to Hear Resident Challenge to Gun Store

By ARLnow.com

Nova Armory in Lyon ParkA group of Lyon Park and Ashton Heights residents is trying to challenge the legality of Nova Armory’s Certificate of Occupancy.

Nova Armory, a firearms retailer, opened in March in Lyon Park amid local controversy. The store’s owner, Dennis Pratte, is now suing dozens of residents and lawmakers, accusing them of trying to interfere with his business.

Five local residents launched their own legal offensive when they filed an appeal to Arlington’s Board of Zoning Appeals (BZA), challenging the county’s decision to issue Nova Armory a Certificate of Occupancy, which is required for businesses with a physical location in Arlington.

Arlington County has previously said that there is nothing it can do legally to prevent a gun store from opening, as long as it follows zoning rules and files all the proper paperwork.

The appeal was submitted by residents Julia Young, Emily Hughes, Bernadette Brennan, Grace Chan and Nathan Guerrero on March 2, along with the $575.40 filing fee.

In a report to the BZA, Arlington’s Acting Zoning Administrator, Arlova Vonhm, recommends denying the appeal and upholding Nova Armory’s Certificate of Occupancy at 2300 N. Pershing Drive. Vonhm addressed each of the challenges made by the residents:

  • Appeal: In a media interview, Dennis Pratte said his 16-year-old daughter was the store’s owner, and thus he erroneously listed himself as the owner on the application.
    Staff position: “Mr. Pratte has clarified in subsequent media interviews that he is training his daughter to take over the business, but that he remains the principal on all leases, permits, and legal documents.”
  • Appeal: The description of the store as a “retail” location is false because Nova Armory’s website describes “wholesale pricing.”
    Staff position: “While the applicant’s website advertises wholesale pricing, this appears to be an advertisement of advantageous pricing to retail consumers, rather than a statement of intention to engage in wholesale trade.”
  • Appeal: The store is called NOVA Armory, but the business name was listed as Broadstone Security, LLC on the application.
    Staff position: “The Zoning Ordinance does not prohibit the use of fictitious trade names, which is a common practice for retail businesses.”
  • Appeal: The Zoning Administrator who issued the Certificate of Occupancy “did not research whether or not the applicant was a valid holder of a Federal Firearms License.”
    Staff position: “Given that the Zoning Administrator does not have the authority to enforce state or federal laws and regulations, the Zoning Office does not as a matter of general practice verify required compliance with state or federal licensure requirements for firearms store or any other type of business.”
  • Appeal: The Certificate of Occupancy “should be revoked due to an inaccurate record of ownership of the premises.”
    Staff position: “Property owner information was not material to the review of the proposed land use or the issuance of the permit to authorize said land use on the subject property, therefore it would not be a valid reason for the Zoning Administrator to revoke it.”

The BZA is slated to consider the appeal, along with a long slate of others, either Wednesday night or at a possible carryover meeting Thursday. The board is not required to follow the staff recommendation when making its decision.

Apparently misunderstanding the nature of the appeal — any citizen who says they’re “aggrieved” by a zoning decision can file an appeal — Nova Armory posted several messages on Twitter Tuesday decrying elected officials and an “abuse of power” by county government.

Memo: Arlington County Is Shutting Down Apartment’s Dog Run

By ARLnow.com

Rosslyn Heights and Rosslyn Vue dog run (photo courtesy Jace Bauer)

(Updated at 3:50 p.m.) Arlington County officials have reportedly shut down a popular fenced-in “dog run” outside of a Rosslyn apartment community.

In a memo to residents of the Rosslyn Heights and Rosslyn Vue apartments on N. Quinn Street, building managers say that they’ve been ordered to remove the fence around the dog play area.

The decision, managers say in the memo, came from new Arlington Acting Zoning Administrator Arlova Vonhm, who decreed that a permit for building the fence around the nearly two-year-old dog run should never have been approved by the county.

Jace Bauer, a local resident, said that the dog run is “convenient and much enjoyed.” Via email, Bauer said the loss of the area is a blow for residents and for dogs.

“I recently moved to Arlington and have found this small, fenced in area to be a great spot in our community,” Bauer said. “I have met so many wonderful people in my first few months here while taking my one year old border collie mix out for a game of fetch. The nearest dog park (Clarendon) is a 30 minute walk, which is not practical for a quick morning or evening outing.”

The memo from building management, which suggests legal action may follow, is below.

Dear Residents of Rosslyn Heights and Rosslyn Vue,

A few months ago Arlington County received a complaint from our neighbors regarding the dog walk area by the leasing office. We have been attempting to work with Arlington County Zoning officials to comply with their requirements and appease our neighbors. Although this area has existed for almost two years, the Zoning Administrator, Ms. Arlova Vonhm, has decreed that the approved permit should not have been approved. Her decision is that the fence violates Arlington County Zoning ordinance and must be removed or we will be subject to fines and legal action for noncompliance. Ms. Vonhm has also been presented with multiple plans to relocate the dog walk to other areas of our property, all of which have been denied.

As such, tomorrow, November 20th, we will be removing the fence to comply with their order. Rosslyn Heights and Rosslyn Vue have always been pet loving communities and it gives us great displeasure to have to do this. Please take some comfort that we do not consider this matter closed. We will be obtaining legal counsel to bring this issue to the attention of the Arlington County Board (http://countyboard.arlingtonva.us/county-board-members) and County Manager, Mark Schwartz.

The next scheduled Arlington County Board Meeting is scheduled for Saturday, January 24th at 8:30am at 2100 Clarendon Blvd., Room 307.

Thank you for choosing Rosslyn Heights and Rosslyn Vue as your home and for your patience and understanding as we work through this situation.

Sincerely,

Rosslyn Heights Team

In an email Vonhm, the Acting Zoning Administrator, confirmed to ARLnow.com that today was the deadline for the apartment’s property manager to remove the fence, after it was determined that the county had mistakenly issued a permit for its construction contrary to the property’s approved site plan.

The site plan calls for only landscaping in the area where the dog run now is, Vonhm determined, after receiving complaints from neighbors. She noted that the property manager has the option of applying for a site plan amendment.

“The County’s position is that the fence changes the nature of how the space is used, and creates the problem of dogs running loose and creating excessive noise,” said Vonhm. “The option of applying for a site plan amendment is still open to the property manager, even after the fence is removed. The County has worked in good faith with the property manager to come up with a viable solution that addresses the neighbors’ concerns about noise from the dogs.”

Photo courtesy Jace Bauer

Morning Notes

By ARLnow.com

Four Mile Run (Flickr pool photo by Dennis Dimick)

Morroy, O’Leary Join Call for Streetcar Referendum — The two elected officials directly responsible for managing the county’s money, Commissioner of the Revenue Ingrid Morroy and Treasurer Frank O’Leary, have joined Del. Patrick Hope and County Board candidate Alan Howze in support of a referendum on the Columbia Pike streetcar project. (Hope’s fellow congressional candidate, Mark Levine, has also called for a referendum.) “This issue has become too divisive to fester any longer,” Morroy said in a press release. [Blue Virginia]

‘Film Processing Kiosk’ to Be Removed from Zoning — In a sign of the times, “film processing kiosk” is being removed from Arlington County’s zoning classifications. The designation was determined to be “archaic,” a victim of the rapid rise of digital photography. [InsideNova]

Ball-Sellers House Tours — The Arlington Historical Society is giving tours of the historic Ball-Sellers house every Saturday through October. The log cabin was built in 1750 and is Arlington County’s oldest house. [Washington Post]

Murphy Named ‘Superintendent of the Year’ — Arlington Public Schools Superintendent Dr. Patrick Murphy has been named Superintendent of the Year by the Virginia Association of School Superintendents. The group lauded Murphy’s “efforts to address school-crowding issues, improve graduation rates and address disparity in student achievement.” [InsideNova]

Follow-up: RaceDots Now Shipping — It’s been a long five months for Jason Berry and his company, RaceDots, since the company was profiled in our “Startup Monday” feature in December. Berry has spent long hours since then arranging for his product’s manufacture and shipment from China to the U.S. As of this week, the RaceDots — strong magnets used to hold race bibs in place instead of safety pins — finally arrived in his Harrisonburg warehouse. “The story behind getting the product here was an absolute struggle but we overcame the hurdles and are officially in business selling product from stock,” Berry told ARLnow.com. Berry tells the story on the company’s blog. [RaceDots]

Flickr pool photo by Dennis Dimick

Arlington’s Zoning, Costs Force Microbrewery to Look Elsewhere

By Ethan Rothstein

Roommates Brewery logoIn January of this year, East Falls Church roommates Tony Pianta and Mike Dillon started serious planning to open a microbrewery in Arlington. Recently, however, it became apparent to them that there’s no place in Arlington for such an endeavor.

Roommates Brewery, as the venture was named, was planned as a production brewery with an in-house taproom. Although no final location has been set — Pianta expects that to happen in the next few weeks — Roommates Brewery will likely open in Alexandria.

“Arlington couldn’t match up better with the demographics for a brewery with a taproom,” Pianta said. “It’s just tough to open something that large in Arlington.”

Pianta and Dillon were targeting a 5,000 square foot space, which Pianta said is as large as they could afford in a high-density area with heavy foot traffic.

However, Arlington’s zoning laws — like many surrounding municipalities, including Alexandria — state a brewery must be located in an industrial or light industrial area. Those are few and far between in Arlington, Pianta said, and most of them won’t be available in the near future.

“The available spots weren’t in the places we wanted to be,” Pianta said. “We can justify the extra cost in rent if we can get enough people coming in the taproom and buying pints, but it was just getting too much to justify anymore.”

The locations in Alexandria they are now considering cost roughly the same amount for 10,000 square feet as for 5,000 square feet in Arlington, Pianta said.

Pianta and Dillon, who have lived together in Arlington for several years, are disappointed they won’t be able to bring the county its only production brewery. Pianta said it’s “the ideal market” for a business like the one they are planning, but unless the status quo of zoning laws and rental prices changes, other breweries are likely to look elsewhere as well.

Photo via Roommates Brewery

Board to Examine Permit for New School

By Katie Pyzyk

Rendering of new school on Williamsburg campusAt its meeting on Saturday (September 21), the County Board is scheduled to examine a use permit for a new 96,800 square foot elementary school on the Williamsburg Middle School campus.

Plans for the new school have been in the works for some time, and the Arlington School Board unanimously approved a conceptual design in February. Although a number of concerns from the community have arisen during the planning process, county staff recommends Board approval for the use permit.

One issue that previously prompted a meeting is the traffic impact a new school would have on the surrounding area. A study indicates traffic impacts only occur during a 15 to 20 minute “peak” period during school arrival and departure times. It is therefore suggested that the two schools stagger their start/end times to reduce this traffic impact, with Williamsburg having an earlier start time than the new school. Staff believes the new school’s parking lot has been adequately designed to prevent long lines of waiting cars from spilling into the neighboring streets during drop off and pick up times.

Throughout the planning process, the Rock Spring Civic Association had joined other members of the community in expressing concern over the plan to use the neighborhood’s street parking near the schools. However, county staff still recommends reducing the number of on-site spaces for the entire campus from 258 to 209 due to the availability of on-street parking. This goes along with the County Board’s approval of changes to the Zoning Ordinance in February to allow schools and recreational facilities to reduce the number of on-site parking spaces.

Another issue has been the proposal to re-construct the athletic fields on the campus, with two of them becoming synthetic turf fields with lighting. The idea prompted community members to create dueling petitions earlier this year. County staff recommends moving forward with the installation of the fields, but not with the lighting. Staff members recommend a County Board review of the use permit one year after the fields open (approximately September 2016) to see whether lighting is necessary.

Board Approves Water Main Work, Ashlawn Addition, Zoning Changes

By ARLnow.com

Sewer relining work in North ArlingtonThe Arlington County Board on Saturday approved a $1.8 million project to rehabilitate aging water mains.

The work will take place throughout Arlington, and is intended to extend the life of the county’s water infrastructure while forgoing the expense of a complete replacement.

From a county press release:

The Arlington County Board today authorized $1.8 million for the rehabilitation of water mains, many of which have been in service for more than 60 years. The work will take place in neighborhoods across the County and includes the cleaning and relining of aging distribution pipes using a process called Mechanical Cleaning and Cement-Mortar Lining.

“These rehabilitation projects help the County extend the life of water mains and lines, stretch tax dollars, and prevent expensive and disruptive main breaks,” said Arlington County Board Chairman J. Walter Tejada.

Rehabilitation at fraction of replacement cost

Instead of replacing an aging water main, it is possible to rehabilitate the pipe if it is still in good enough condition. Every year, the County selects water mains based on age, frequency of main breaks, and reduction in flow capacity for rehabilitation at a fraction of the cost of new construction and with minimal disruption to the community.

Trenchless rehabilitation means less disruption

Corrosion deposits, known as tubercles, build up naturally over time in older unlined, water main pipes made of iron. The build-up does not normally affect the quality of the water, but it does decrease the capacity of the pipes and can affect water pressure. The trenchless pipe rehabilitation method that Arlington uses involves opening the road at the ends of the pipe segment, instead of cutting the road open along the entire length of the water main, making it less disruptive to traffic near the work area.

Arlington County runs many maintenance programs, such as the water main lining project, to prolong the life and productivity of our infrastructure and facilities. Some other maintenance programs include a distribution valve maintenance program, large valve maintenance program, fire hydrant maintenance program, fire hydrant painting, and annual water main flushing.

The project the Board acted on is part of the Water Main Rehabilitation and Replacement program, which is included in Utilities portion of the FY 2013 – FY 2022 CIP, (Capital Investment Program). D.H.C. Corporation has been selected for the cleaning and cement-mortar lining of Arlington water mains.

When crews work in your neighborhood, you will receive a notice in advance of the project. Temporary service lines are put in service during the work, and flushing is performed to make sure that all water lines are free from any debris that may have entered the system. If you have any questions about your water service in general or as related to one of our maintenance programs, please call 703-228-6555.

Ashlawn Elementary School addition site planAlso on Saturday, the Board approved a new 12-room addition to Ashlawn Elementary School. The total cost of the project is budgeted at about $15 million.

The Ashlawn addition proved controversial thanks to opposition to a plan to create a loop road for student drop-off. In the end, the Board approved the addition with the loop road plan, but not before considerable debate and abstentions from Board members Chris Zimmerman and Mary Hynes, according to the Sun Gazette.

Separately, the Board also approved a technical update to reorganize the county’s Zoning Ordinance, as well as an amendment to the ordinance to allow outdoor cafes on private property to operate year-round.

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