APPLICATION ACCEPTED: September 15, 2014 BOARD OF …

APPLICATION ACCEPTED: September 15, 2014 BOARD OF ZONING APPEALS: January 7, 2015

ADMINISTRATIVELY MOVED AT APPLICANTS’ REQUEST TIME: 9:00 a.m.

C o u n t y o f F a i r f a x , V i r g i n i a

December 31, 2014

STAFF REPORT

SPECIAL PERMIT APPLICATION NO. SP 2014-BR-206

BRADDOCK DISTRICT

APPLICANTS/OWNERS: Nicholas Skirpan & Silvia Skirpan STREET ADDRESS: 5216 Capon Hill Place, Burke, 22015 SUBDIVISION: Carrleigh TAX MAP REFERENCE: 69-4 ((17)) 21 LOT SIZE: 10,074 square feet ZONING DISTRICT: R-3 (Cluster) ZONING ORDINANCE PROVISION: 8-918 SPECIAL PERMIT PROPOSAL: To permit an accessory dwelling unit in a existing

single family dwelling STAFF RECOMMENDATION: Staff recommends approval of SP 2014-BR-206 with the adoption of the proposed development conditions contained in Appendix 1. It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions, relieve the applicants/owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Zoning Appeals. A copy of the BZA's Resolution setting forth this decision will be mailed within five days after the decision becomes final.

Megan Duca

Department of Planning and Zoning

Zoning Evaluation Division 12055 Government Center Parkway, Suite 801

Fairfax, Virginia 22035-5509 Excellence * Innovation * Stewardship Phone 703-324-1290 FAX 703-324-3924 Integrity * Teamwork * Public Service www.fairfaxcounty.gov/dpz/

The approval of this application does not interfere with, abrogate or annul any easements, covenants, or other agreements between parties, as they may apply to the property subject to the application. For additional information, call Zoning Evaluation Division, Department of Planning and Zoning at 703-324-1280, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035. Board of Zoning Appeals' meetings are held in the Board Room, Ground Level, Government Center Building, 12000 Government Center Parkway, Fairfax, Virginia 22035-5505.

Americans with Disabilities Act (ADA): Reasonable accommodation is available upon 48 hours advance notice. For additional information on ADA call (703) 324-1334 or TTY 711 (Virginia Relay Center).

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AREA III

AREA II

88-A-093*

(2.9 D/U)

78-A-018*

C-462

A-451

(2.90 D/U)

C-77

B-804

78-H-088-F

79-A-007*

B-465

78-A-050*

B-804

C-519

81-A-110*

A-609

A-609

A-610

(2.01 D/U)

(2.89 D/U)

78-A-065*

76-A-054*

76-L-059*

(2.9 D/U)88-A-134*

C-462

C-430

B-804

(2.55 D/U)

A-685

C-77

A-561

76-A-054*

A-287

C-77

(2.2-D/U)

C-661*

A-197

(2.90 D/U)

C-179

78-A-031*

74-A-106*

(2.9 D/U)

B-804

C-77

(2.9 D/U)

(2.18 D/U)

(2.69 D/U)

C-519 (2.1 D/U)

(2.98 D/U)

95-B-024*

B-804

81-A-015*

(2.2 D/U)

C-671*

C-671*

B-722

H-C

PDH-3

R-3

PDH-3

R-3

R-2

PDH-3

PDH-3

PDH-3

R-2

R-2

R-2

R-3

PDH-3

R-2

PDH-3

R-2

R-3

R-2

PDH-3

R-3

R-1

R-2

PDH-3

R-3

R-2

C-2

0 100 200 300 400 500 Feet

Special PermitSP 2014-BR-206

NICHOLAS SKIRPAN & SILVIA SKIRPAN

Braddock Rd.

Capon Hill Pl.

Bradfield Dr.Guinea Rd.

NOTES: 1. FENCES ARE FRAME.

2. UTILITIES ARE UNDERGROUND.

4. ACCESSORY DWELLING SECTION IN THE BASEMENT = 689 SF.

689 SF. /EX. GFA (5114) = 0.135 3. EX. FLOOR AREA:

BASEMENT FIRST FLOOR SECOND FLOOR EX. GROSS FLOOR AREA

= 1,554 SF = 2,004 SF = 1,555 SF = 5,114 SF

T'APRON's

A=116.86' ~ R=147.11'

CAPON HILL PLACE 50' R/W ~ STATE ROUTE #6443

PLAT SHOWING HOUSE LOCATION ON

LOT 21

CARRLEIGH (DEED BOOK 5327, PAGE 348)

FAIRFAX COUNTY, VIRGINIA BRADDOCK DISTRICT

SCALE: 1" = 30' JULY 16, 201 3 MAY 06, 2014 (REV)

RECEIVED Department of Planning & Zon

MAY 14 2014 Zoning Evaluation Divisio

I HEREBY CERTIFY THAT THE POSITIONS OF

ALL THE EXISTING IMPROVEMENTS HAVE BEEN

CAREFULLY ESTABLISHED BY A CURRENT FIELD

SURVEY AND UNLESS SHOWN THERE ARE NO

VISIBLE ENCROACHMENTS AS OF THIS DATE:

THIS PLAT IS SUBJECT TO RESTRICTIONS OF RECORD.

A TITLE REPORT WAS NOT FURNISHED.

NO CORNER MARKERS SET. r0'CHIUMA,

ORDERED BY:

FLAVIN ~ SKIRPAN

PROVIDENT TITLE & ESCROW, LLC

DOMINION ^eyors

8808-H PEAR TREE VILLAGE COURT ALEXANDRIA, VIRGINIA 22309

703-619-6555 FAX: 703-799-6412

CASE NAME: SKIRPAN CASE NO: B1 306009 #130711027

SP 2014-BR-206 Page 1

SPECIAL PERMIT REQUEST The applicants are seeking a special permit to allow an accessory dwelling unit (ADU) in the basement of an existing single family detached dwelling. A copy of the special permit plat titled, “Plat Showing House Location on Lot 21, Carrleigh,” prepared by George M. O’Quinn, L.S., of Dominion Surveyors Inc., dated July 16, 2013, as revised through May 6, 2014, is included in the front of the staff report. The proposed development conditions, applicants’ statement of justification with select file photographs, and affidavit are contained in Appendices 1 to 3, respectively. A more detailed description of the proposal is provided on page two. CHARACTER OF THE SITE AND SURROUNDING AREA The 10,074 square foot lot contains a single family detached dwelling. A patio is located to the rear of the dwelling. A covered walkway leads from the front porch to an asphalt driveway, which provides vehicular access Capon Hill Place and terminates at a two-car garage. The lot has a lawn and several mature trees throughout the property.

Source: Fairfax County GIS with Added Graphics

SP 2014-BR-206 Page 2

As illustrated in the image above, the subject property is located southeast of the intersection of Guinea Road and Braddock Road. The subject property and surrounding parcels are zoned R-3 Cluster and developed with single family detached dwellings. BACKGROUND Fairfax County Tax Records indicate that the single family dwelling was constructed in 1981 and the property was purchased by the applicants in July of 2013. On October 28, 2013, a Notice of Violation was issued to the applicants after an inspection revealed that the basement had been converted into a second dwelling unit. On November 25, 2013, a Notice of Violation was issued for the subject property for a second kitchen and wet bar that had been installed in the basement without the issuance of the required permits, inspections, and approvals. The applicant has already submitted an application and payment for the required permits; however, the inspections would be completed after the Board of Zoning Appeal’s decision on the Special Permit application. Copies of the Notice of Violations are contained in Appendix 4. Records indicate that no other similar applications have been heard by the Board of Zoning Appeals (BZA) in the surrounding area. DESCRIPTION OF THE APPLICATION The applicants are requesting approval of a special permit for an accessory dwelling unit within the basement of the existing single family dwelling. The proposed ADU is 689 square feet in size and accounts for 13.5% of the total gross floor area of the structure (5,114 square feet). The ADU contains one bedroom, one bathroom, a living room, a dining area, and a kitchen as depicted on the following page. A Great Aunt of the applicants, who is over the age of 55, would reside in the ADU. The applicants indicated that they expect this relative to move into the ADU approximately four months after approval of a special permit. The applicants have stated that there is a possibility that the relative would reside in the principal dwelling unit and that the applicants would reside in the ADU. Stairs are located in the interior of the primary dwelling, which provide access from the main level of the dwelling to the ADU. A door within the living room of the ADU provides direct access from the rear yard of the dwelling into the ADU. A two car garage and an asphalt driveway would provide adequate parking for the two owners and the Great Aunt of the applicants who will reside in the ADU. The driveway can accommodate parking for two vehicles.

SP 2014-BR-206 Page 3

ANALYSIS Comprehensive Plan Provisions Plan Area: Area III, Pohick Planning District Planning Sector: Main Branch Community Planning Sector (PO 02) Plan Map: Residential uses at 2-3 dwelling units/acre (du/ac) Zoning Ordinance Requirements (Appendix 5) This special permit is subject to sections of the Zoning Ordinance as referenced below, a copy of which is included in Appendix 5. Subject to development conditions, the special permit must meet these standards.

Sect. 8-006 General Special Permit Standards Sect. 8-903 Group 9 Standards Sect. 8-918 Additional Standards for Accessory Dwelling Units

The existing single family dwelling with an accessory dwelling unit on site currently meets all bulk regulations for the R-3 Cluster Zoning District.

Additional Standards for Accessory Dwelling Units (Sect. 8-918)

Standard 1 In association with single family detached dwelling

The applicants are proposing one accessory dwelling unit within a single family detached dwelling.

Standard 2 Located within the

structure of a single family detached dwelling unit

The accessory dwelling unit is located within the basement of an existing single family detached dwelling and the external entrance to the accessory dwelling unit is located at the rear of the property.

Interior Floorplan of Accessory Dwelling Unit

SP 2014-BR-206 Page 4

Standard 3 The gross floor area shall

not exceed 35%

The proposed ADU is 689 square feet in size and accounts for 13.5% of the total gross floor area of the structure (5,114 square feet).

Standard 4 Maximum of two

bedrooms

The accessory dwelling unit contains one bedroom.

Standard 5 Occupancy qualification

The applicants currently occupy the principal dwelling of the house. A Great Aunt of the applicants, who is over the age of 55, would reside in the ADU.

Standard 6 Reasonable access and

mobility

The accessory dwelling unit would not be occupied by a disabled person according to the applicant’s statement of justification.

Standard 7 Sufficient parking as

determined by the BZA

A two car garage and an asphalt driveway would provide adequate parking for the two owners and the Great Aunt of the applicants who will reside in the ADU. The driveway can accommodate parking for two vehicles.

Standard 8 Character of

Neighborhood

Staff does not believe that the approval of the accessory dwelling unit would constitute sufficient change to modify or disrupt the predominant character of the neighborhood, which contains single family detached dwellings.

Standard 9 Building, safety, health,

and sanitation regulations

The accessory dwelling unit will be required to meet the applicable regulations for building, safety, health and sanitation. Staff has proposed a development condition that will require the applicants to obtain all applicable permits for the kitchen in the accessory dwelling unit within 30 days of approval of the special permit and obtain all final inspections within 90 days of approval of the special permit.

Standard 10 Recorded in land records

If the special permit is approved, it will be required to be recorded within the land records of Fairfax County.

Standard 11 County inspections

Staff has proposed a development condition that will require the applicants to allow for the inspection of the property by County personnel during reasonable hours upon prior notice.

Standard 12 Five year term limit

As stated in the proposed development conditions, the accessory dwelling unit would be approved for a period of five years from the final approval date of the special permit and may be extended for five year periods with prior approval of the Zoning Administrator in accordance with Section 8-012 of the Zoning Ordinance.

Standard 13 Accessory Dwelling Units

approved prior to July 27, 1987

This accessory dwelling unit was not approved prior to July 27, 1987. Therefore, this standard does not apply.

General Standards for Special Permit Uses (Sect. 8-006)

Standards 1 and 2 Comprehensive Plan/

Zoning District

The Comprehensive Plan recommends residential uses and the property is developed with a residential use. The R-3 District permits an accessory dwelling unit as an accessory use with special permit approval. Staff finds that the proposed use is in harmony with the Comprehensive Plan and the general purpose and intent of the R-3 District.

Standard 3 Adjacent Development

No new construction is proposed. In staff’s opinion, the proposed use will not hinder or discourage use or development of neighboring properties.

SP 2014-BR-206 Page 5

Standard 4 Pedestrian/Vehicular

Traffic

Parking is available in the garage and driveway. In staff’s opinion, the proposed use is not hazardous and does not conflict with existing and anticipated traffic in the neighborhood.

Standard 5 Landscaping/Screening

There are no transitional screening or barrier requirements for this application.

Standard 6 Open Space

The proposed use will not encroach on or impact the existing open space.

Standard 7 Utilities, Drainage,

Parking, and Loading

There are no proposed changes to the utilities and drainage serving the property or use. As previously discussed, the garage and driveway would be used for parking.

Standard 8 Signs

There are no signs associated with the accessory dwelling unit.

Standards for All Group 9 Uses (Sect. 8-903)

Standard 1 Lot size and bulk

regulations

No new construction is proposed. The subject property would continue to meet the lot size and bulk regulations of the R-3 Cluster District.

Standard 2 Performance Standards

The use of the application property will be required to continue to comply with the performance standards set forth in Article 14 of the Zoning Ordinance.

Standard 3 Site Plans

This application is not subject to the provisions of Article 17, Site Plans.

CONCLUSION Staff believes that the request is in conformance with the applicable Zoning Ordinance provisions with the implementation of the proposed development conditions contained in Appendix 1. RECOMMENDATION Staff recommends approval of SP 2014-BR-206 with the adoption of the proposed development conditions contained in Appendix 1. It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions, relieve the applicants/owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Zoning Appeals. The approval of this application does not interfere with, abrogate or annul any easements, covenants, or other agreements between parties, as they may apply to the property subject to the application.

SP 2014-BR-206 Page 6

APPENDICES 1. Proposed Development Conditions 2. Applicants’ Statement of Justification, Floorplan, and File Photographs 3. Applicants’ Affidavit 4. Notice of Violations 5. Applicable Zoning Ordinance Provisions

APPENDIX 1 SP 2014-BR-206 Page 1

PROPOSED DEVELOPMENT CONDITIONS

SP 2014-BR-206

December 31, 2014

If it is the intent of the Board of Zoning Appeals to approve SP 2014-BR-206 located at Tax Map 69-4 ((17)) 21 to permit an accessory dwelling unit under Section 8-918 to the Fairfax County Zoning Ordinance, staff recommends that the Board condition the approval by requiring conformance with the following development conditions. 1. These conditions shall be recorded by the applicants among the land records of

Fairfax County for this lot prior to the final inspection. A certified copy of the recorded conditions shall be provided to the Zoning Permit Review Branch, Department of Planning and Zoning.

2. This approval is granted to the applicants only, Nicholas Skirpan & Silvia Skirpan, and is not transferable without further action of this Board, and is for the location indicated on the application, 5216 Capon Hill Place, and is not transferable to other land.

3. A copy of this special permit shall be posted in a conspicuous place in the

accessory dwelling unit and made available to all departments of the County of Fairfax during the hours of operation of the permitted use.

4. The occupants of the principal dwelling and the accessory dwelling unit shall be in accordance with Par. 5 of Sect. 8-918 of the Zoning Ordinance which states in part that one of the dwelling units shall be occupied by a person or persons who qualify as elderly (55 years of age or older) and/or permanently and totally disabled.

5. The accessory dwelling unit shall contain a maximum of 689 square feet (13.5% of the total gross floor area), and the layout shall be generally as depicted on the floor plan included as Attachment 1 to these conditions.

6. Provisions shall be made for the inspection of the property by County personnel during reasonable hours upon prior notice and the accessory dwelling unit shall meet the applicable regulation for building, safety, health and sanitation.

7. The accessory dwelling unit shall be approved for a period of five years from the final approval date of the special permit and may be extended for five year periods with prior approval of the Zoning Administrator in accordance with Section 8-012 of the Zoning Ordinance.

APPENDIX 1 SP 2014-BR-206 Page 2

8. If the use of the accessory dwelling unit ceases and/or the property is sold or otherwise conveyed, the accessory dwelling unit shall be converted to a use permitted by the Zoning Ordinance or if the property is sold or conveyed, a special permit amendment may be submitted to permit the continued use of an accessory dwelling unit.

9. The applicant shall obtain all applicable building permits for the kitchen in the accessory dwelling unit within 30 days of approval of the special permit. The applicant shall obtain all applicable final inspections for the kitchen in the accessory dwelling unit within 90 days of approval of the special permit. All applicable permits and final inspections shall be obtained prior to the occupancy of the accessory dwelling unit.

10. All parking shall be provided on site. This approval, contingent on the above-noted conditions, shall not relieve the applicants from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. Pursuant to Sect.8-015 of the Zoning Ordinance, this special permit shall automatically expire, without notice, six months after the date of approval unless the use has been established as outlined above. The Board of Zoning Appeals may grant additional time to establish the use if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the special permit. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required.

ATTACHMENT 1

This application is for the Fairfax County approval for an auxiliary dwelling in 5216 Capon Hill Place in Burke, Virginia. We, the homeowners, bring this application to the Fairfax County Board of Zoning with the following considerations: 1. No Malice was intended in the maintenance of this dwelling.

The dwelling in questions was constructed well before we purchased the home on July 19, 2013. The dwelling was included as an "in-law suite" in the sales listing created by the previous owner (also the realtor). We purchased the property in part due to the inclusion of the “in-law suite” in the listing, and only found that there was no permit for it when we received the violation (the previous owner claimed to have spoken to representatives at Fairfax County Zoning Administration, who said that a permit was not necessary if the dwelling was for family use). Since purchasing the property we have cooperated fully with all requests from the County, with no intent to circumvent any local zoning ordinances.

2. The dwelling is safe and abides by all current statements set forth by 8-918. The dwelling, constructed by the home's original owners in the 1980's, consists of one bedroom,

one bathroom, a kitchen, a living area, and a separate rear entrance. The total square footage is about 662 square feet, or approximately 17% of the square footage of the entire home. An inspection of the dwelling was conducted in July, 2013 as a part of the purchasing home inspection, and revealed no safety issues with the dwelling. In addition, the dwelling is wholly contained within the footprint of the house, contains four parking spaces: two in the property's garage and two in the driveway. There is also ample street parking available in front of the property.

3. The dwelling conforms to Fairfax County Zoning Ordinance 8-918 as follows: 1. This is the only accessory dwelling on the property. 2. The dwelling is wholly contained within the footprint of the house, with an external entrance located on the rear of the property (see exterior photo 11). 3. The gross floor area of the dwelling is approximately 662 square feet, which is approximately 17% of the approximately 3868 square feet of living space in the house. 4. The accessory dwelling unit contains one bedroom. 5. Occupancy of the dwelling units is as follows: A. We, the homeowners, currently occupy the main dwelling in the house. B. Currently, there are no elderly persons occupying the dwelling, but we are requesting this special permit for the accessory dwelling with the intention that we use the accessory dwelling to help an elderly family member (over 55 years of age). When purchased the house less than four months before the date of the violation we received, we did so with the understanding that one of our elderly family members would soon move into the accessory dwelling. While it is fortunate that our aging family members are still able to live on their own, the reality is that this may not be the case in the near future. The cost to remove the kitchen then reconstruct it once after removal is more than $10,000.

We are both upstanding citizens of Fairfax County, with Silvia Skirpan employed full-time as an emergency room nurse and Nicholas Skirpan employed as a consultant. That said, should the Fairfax County Board of Zoning decide it necessary for us to remove the kitchen in the second dwelling, the financial burden of this decision would make it difficult, if not impossible, for us to provide the auxiliary dwelling to our family members when they are ready, much less start a family of our own. We ask that Fairfax County approve this application for special permit, thus avoiding this unnecessary financial burden.

C. The accessory dwelling will not be occupied by more than two persons not necessarily related by blood or marriage. Moreover, we, the homeowners, will continue to occupy the primary dwelling. At no point will four people unrelated by blood or marriage occupy the primary dwelling.

6. The accessory dwelling is not being established for use by a disabled person. That said, should one of our elderly family members become disabled, we will provide measures for reasonable access and mobility as required for a disabled person

7. As mentioned, the property includes four parking spaces: two in the garage, and two in the driveway. In addition there is ample street parking available in front of the property.

8. The accessory dwelling has existed in its current state since the 1980s without complaint, indicating that it does not modify or disrupt the predominant character of the neighborhood.

APPENDIX 2

9. When we purchased the property a safety inspection was performed on the house, to include the dwelling in its current state. The dwelling was found to meet all building, safety, health and sanitation regulations.

10. (to be completed by the Board of Zoning Appeals) 11. We have welcomed, and will continue to welcome, inspections of the property by County

personnel during reasonable hours upon prior notice. With these considerations, we ask that the Fairfax County Board of Zoning Appeals approve our application for a Special Permit to keep the auxiliary dwelling in our basement. The presence of the dwelling does not pose any threat, inconvenience or problem to Fairfax County, but instead helps us care for our aging family members and allows us the ability to grow a family of our own.

APPENDIX 3

APPENDIX 4

APPENDIX 5

8-006 General Standards In addition to the specific standards set forth hereinafter with regard to particular special permit uses, all special permit uses shall satisfy the following general standards:

1. The proposed use at the specified location shall be in harmony with the

adopted comprehensive plan. 2. The proposed use shall be in harmony with the general purpose and intent

of the applicable zoning district regulations. 3. The proposed use shall be such that it will be harmonious with and will not

adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof.

4. The proposed use shall be such that pedestrian and vehicular traffic

associated with such use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

5. In addition to the standards which may be set forth in this Article for a

particular group or use, the BZA shall require landscaping and screening in accordance with the provisions of Article 13.

6. Open space shall be provided in an amount equivalent to that specified for

the zoning district in which the proposed use is located. 7. Adequate utility, drainage, parking, loading and other necessary facilities

to serve the proposed use shall be provided. Parking and loading requirements shall be in accordance with the provisions of Article 11.

8. Signs shall be regulated by the provisions of Article 12; however, the BZA,

under the authority presented in Sect. 007 below, may impose more strict requirements for a given use than those set forth in this Ordinance.

8-903 Standards For All Group 9 Uses

In addition to the general standards set forth in Sect. 006 above, all Group 9 special permit uses shall satisfy the following standards:

1. All uses shall comply with the lot size and bulk regulations of the zoning

district in which located, except as may be qualified below. 2. All uses shall comply with the performance standards specified for the

zoning district in which located. 3. Before establishment, all uses, including modifications or alterations to

existing uses, shall be subject to the provisions of Article 17, Site Plans, or other appropriate submission as determined by the Director.

8-918 Additional Standards for Accessory Dwelling Units

As established by the Fairfax County Board of Supervisors' Policy on Accessory Dwelling Units (Appendix 5), the BZA may approve a special permit for the establishment of an accessory dwelling unit with a single family detached dwelling unit but only in accordance with the following conditions:

1. Accessory dwelling units shall only be permitted in association with a

single family detached dwelling unit and there shall be no more than one accessory dwelling unit per single family detached dwelling unit.

2. Except on lots two (2) acres or larger, an accessory dwelling unit shall

be located within the structure of a single family detached dwelling unit. Any added external entrances for the accessory dwelling unit shall be located on the side or rear of the structure.

On lots two (2) acres or greater in area, an accessory dwelling unit may be located within the structure of a single family detached dwelling unit or within a freestanding accessory structure.

3. The gross floor area of the accessory dwelling unit shall not exceed

thirty-five (35) percent of the total gross floor area of the principal dwelling unit. When the accessory dwelling unit is located in a freestanding accessory structure, the gross floor area of the accessory dwelling unit shall not exceed thirty-five (35) percent of the gross floor area of the accessory freestanding structure and the principal dwelling unit.

4. The accessory dwelling unit shall contain not more than two (2)

bedrooms.

5. The occupancy of the accessory dwelling unit and the principal dwelling unit shall be in accordance with the following:

A. One of the dwelling units shall be owner occupied.

B. One of the dwelling units shall be occupied by a person or

persons who qualify as elderly and/or disabled as specified below:

(1) Any person fifty-five (55) years of age or over and/or

(2) Any person permanently and totally disabled. If the

application is made in reference to a person because of permanent and total disability, the application shall be accompanied by a certification by the Social Security Administration, the Veterans Administration or the Railroad

Retirement Board. If such person is not eligible for certification by any of these agencies, there shall be submitted a written declaration signed by two (2) medical doctors licensed to practice medicine, to the effect that such person is permanently and totally disabled. The written statement of at least one of the doctors shall be based upon a physical examination of the person by the doctor. One of the doctors may submit a written statement based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability.

For purposes of this Section, a person shall be considered permanently and totally disabled if such person is certified as required by this Section as unable to engage in any substantial gainful activity by reasons of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.

C. The accessory dwelling unit may be occupied by not more than

two (2) persons not necessarily related by blood or marriage. The principal single family dwelling unit may be occupied by not more than one (1) of the following:

(1) One (1) family, which consists of one (1) person or two (2)

or more persons related by blood or marriage and with any number of natural children, foster children, step children or adopted children.

(2) A group of not more than four (4) persons not necessarily

related by blood or marriage.

6. Any accessory dwelling unit established for occupancy by a disabled person shall provide for reasonable access and mobility as required for the disabled person. The measures for reasonable access and mobility shall be specified in the application for special permit. Generally, reasonable access and mobility for physically disabled persons shall include:

A. Uninterrupted access to one (1) entrance; and

B. Accessibility and usability of one (1) toilet room.

7. The BZA shall review all existing and/or proposed parking to determine

if such parking is sufficient to meet the needs of the principal and accessory dwelling units. If it is determined that such parking is

insufficient, the BZA may require the provision of one (1) or more off-street parking spaces. Such parking shall be in addition to the requirements specified in Article 11 for a single family dwelling unit.

8. The BZA shall determine that the proposed accessory dwelling unit

together with any other accessory dwelling unit(s) within the area will not constitute sufficient change to modify or disrupt the predominant character of the neighborhood. In no instance shall the approval of a special permit for an accessory dwelling unit be deemed a subdivision of the principal dwelling unit or lot.

9. Any accessory dwelling unit shall meet the applicable regulations for

building, safety, health and sanitation.

10. Upon the approval of a special permit, the Clerk to the Board of Zoning Appeals shall cause to be recorded among the land records of Fairfax County a copy of the BZA's approval, including all accompanying conditions. Said resolution shall contain a description of the subject property and shall be indexed in the Grantor Index in the name of the property owners.

11. The owner shall make provisions to allow inspections of the property

by County personnel during reasonable hours upon prior notice.

12. Special permits for accessory dwelling units shall be approved for a period not to exceed five (5) years from the date of approval; provided, however, that such special permits may be extended for succeeding five (5) year periods in accordance with the provisions of Sect. 012 above.

13. Notwithstanding Par. 5 of Sect. 9-012, any accessory dwelling unit

approved prior to July 27, 1987 and currently valid may be extended in accordance with the provisions of this Section and Sect. 012 above.

Documents

APPLICATION ACCEPTED: September 15, 2014 BOARD OF …