APPLICATION FOR A SPECIAL PERMIT

NOTICE OF VIOLATION

APPLICATION No: COUNTY OF FAIRFAX Department of Planning and Zoning Zoning Evaluation Division ~ „ y 12055 Government Center Parkway, Suite 801 \jjV\LX, Fairfax, VA 22035 (703) 324-1290, TTY 711 , y ^ ./ . www.fairfaxe-Ountv.gov/dpz/zoning/applications \

APPLICATION FOR A SPECIAL PERMIT (PLEASE TYPE or PRINT IN BLACK INK)

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APPLICANT

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APPLICANT MAILING ADDRESS . ,

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APPLICANT

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PROPERTY INFORMATION

PROPERTY ADDRESS # . . /y „ n n


TAX MAP NO. SIZE (ACRES/SQ FT) Aft7 ***** PROPERTY

INFORMATION ZONING DISTRICT MAGISTERIAL DISTRICT / € - / W i M & S i l l c


PROPOSED ZONING IF CONCURRENT WITH REZONING APPLICATION:

SPECIAL PERMIT REQUEST

INFORMATION

ZONING ORDINANCE SECTION

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INFORMATION PROPOSED USE _

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AGENT/CONTACT INFORMATION

NAME


MAILING ADDRESS AGENT/CONTACT INFORMATION PHONE NUMBER HOME WORK


PHONE NUMBER MOBILE

MAILING Send all correspondence to (check one): IXL Applicant -or- | | Agent/Contact

The name(s) and addresses of owner(s) of record shall be provided on the affidavit form attached and made part of this application. The undersigned has the power to authorize and does hereby authorize Fairfax County staff representatives on official business to enter the subject property as necessary to process the application. ^

TYPE/PRINT NAME OF APPLICANT/AGENT SIQN A l l R E"OFAPPLICANT/A(ENT

DO NOT WRITE IN THIS SPACE lOz /' Or Jo L.

Date Application accepted : :WVT7, ?oit, Application Fee Paid: $ TJ

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Moe Hamilton

From: Moe Hamilton Sent: Monday, February 02, 2015 9:01 AM To: Moe Hamilton Subject: FW: 819 Swinks Mill Road/Special Permit/Fence Height Variance/STATEMENT OF

JUSTIFICATION

Sensitivity: Personal

Flag Status: Completed

To whom it may concern:

We are seeking a special permit for an accessory fence height variance to allow an approximately 20 year old traditional wood plank fence to remain in place in its current configuration.

We are seeking this variance for security and safety reasons. We also believe that the variance will not adversely affect the use, value or development of neighboring properties (which are already developed) and is not hazardous or conflicting or impacting any traffic patterns. In fact, we believe the existing fence actually serves as a benefit to safety, security and values for the neighborhood community and adjacent properties.

819 Swinks Mill Road is a circa 1950 rambler-style brick house located on an irregular shaped lot. The house sits directly on Swinks Mill Road facing Swinks Mill Road with the front door of the house also facing Swinks Mill Road. The small driveway/carport area abuts the house and the front door of the house is literally 20 feet from the driveway and the roadway and is within the fenced area for security/safety reasons as well.

We moved into the house in 1993 as renters and purchased the house about 2 years later. It has been the residence for 2 adults and 4 children. When we purchased the house, there was an oldstyle painted "stockade" style fence that was actually higher than the existing fence and in dire need of replacement as it was unsafe (falling over and rotting) and provided little security and was visually unappealing to the neighborhood. We replaced the fence shortly thereafter with a traditional wood-plank "scalloped" top fence that was safer and provided more security while being more visually appealing to the neighborhood which was commented on as well. The current fence in question, which averages 5" in height with the scallop and runs along the front area of the property line facing the roadway with part of the fence actually visually obstructed due to heavy bambod growth, has thus been in place approximately 20 years.

The house is situated on the portion of Swinks Mill Road between Old Dominion and Georgetown Pike at the lowest elevation of the road and we are basically the last house on the road prior to the Georgetown Pike/Swinks Mill Road intersection. Due to its location, it is now directly on the route of a heavily traffic area, as Swinks Mill has become a commuter path road for those seeking a short-cut and back roads route from the Tysons/McLean area to Georgetown Pike and The Capital Beltway. It is heavily used for Maryland and area commuters as well as an alternative route to and from Tysons. It is thus not unusual for heavy traffic headed to The Beltway and Georgetown Pike to back-up directly in front of the house often extending up to Old Dominion.

As the cars back-up on the hill towards the house and also sit in a "standstill" in front of the house as they await the light-controlled turn onto Georgetown Pike, drivers are able to look DIRECTLY into the dining room, kitchen and

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bedroom areas, as well into basically the entire backyard and patio areas. The fence does thus provide a partial buffer to this view. While not by any means does the fence fully obstruct this view (as it is too low), it does provide some security, safety and privacy benefits at its current height. 'Anything lower would be a safety/security detriment, especially with the adult/children residential nature of the house.

The traffic has continued to get worse over the years due to both heavy commercial office development in Tysons Corner (with employees increasingly using the Swinks Mill Road "short-cut" to commute") and increased residential development to include The Reserve development which is directly across the street thru the wooded area. With the recent delivery of the Silverline Metro, and the adoption of the approved Comprehensive Plan whose goal is to turn Tysons from a suburban office market to the "next great city" per their marketing efforts, this situation will continue to worsen with increased vehicular traffic. In fact, the adopted plan has called for increasing office development from the current 27 million square feet in Tysons to 45 million square feet (resulting per the plan in a daily employee count form its current 110,000 to 200,000 employees) and the immediate residential base of 17,000 in Tysons to increase to 100,000 as they increase the workforce housing.'This is part of the planned goal to make Tysons a vibrant 24/7 "live, Work and play" environment which will continue to impact our house location with increased traffic.

The Scotts Run tributary also cuts DIRECTLY thru our backyard within our property boundaries. The site is in the 100 Year Floodplain and is prone to flooding, especially since it is located 'downhill" in the lowest elevation at the bottom of Swinks Mill Road. The floodplain height is actually about 5' above the site elevation and a 4' fence would thus provide little or no benefit in a 100 year flood event.

Due to the Scotts Run overflow and lower elevation of the site, flooding of the home and site has occurred and resulted in our having to relocate from the house in bothiOOf and 2006 due to flood damage. The flooding has increased over the years too due to County permitted development "upstream" in both the Tysons development areas (to include the Metro areas) as well as residential development -uc1- as The Reserve which sits directly across the street from the house. The stormwater management systems have not kept pace with the magnitude nor pace of the area development surrounding the house but the current fence proviaes some safety benefit.

The Scotts Run Bridge abuts the property as well. This bridge, because of its design and low elevation and the lack of capacity for Scotts Run to handle the volume of water during a storm or heavy rain/run-off event, is constantly flooding resulting in its closure to repair the asphalt which comes up and to clear it of the debris (trees, trash, etc) which lands on the bridge area which has come downstream. The fence provides a buffer to some of this flooding and debris.

From a security perspective, the current fence height and configuration is essential. We were reminded of this shortly after moving in, as we were the victims of a burglary and break-in incident. The Fairfax County police commented that, because of the house being situated basically "on the road" of a heavily utilized and high traffic route with a driveway directly on the road, that we would be prone to such incidents. Further, because we were just blocks away from the Capital Beltway/Georgetown Pike exit and access ramp, that burglars can quickly get "in and out". We had additional incidents in the driveway area (stolen tires from parked vehicle/car break-in).

Because of the closeness of the driveway which has access directly on the road, we often have motorists pull into the driveway for car assistance with breakdowns, directional questions orthe need to use our phone or even bathrooms, especially when the traffic is in a standstill in front of the house on heavy traffic or inclement weather days. Motorists have also used (much to our dismay) the front grass area in front of the fence to "turn around" in traffic situations. They also sometimes come 'speeding down" the Swinks Mill Road hill/bend and, should they come off the road, could run into the house area. The fence portion on the front area and driveway (and the front-door entrance there by the fence) provides some security and safety in these areasT-- *•* ;•»

In conclusion, we feel that a special permit variance for the current 20 year old fence (which we have continued to maintain and is in good condition) to remain in place with its current height and configuration should be granted. It has not adversely affected the use, value or development of neighboring properties and is not hazardous or conflicting with with the traffic patterns. Further, it is in fact aesthetically pleasing to both the travelled road and site. Further, to replace

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the fence would be a financial event of upwards to $15,000.00. It is, in its current configuration, an essential security and safety fence for both the 819 Swinks Mill Road residence, flood-prone site and neighborhood.

Moe Hamilton Executive Director Investor Services

Cushman & Wakefield of Virginia

T +1 (703) 448 1200 O +1 (703) 847 2770 F +1 (703) 442 9492 [email protected]

#CUSHMAM& WAKEFIELD.

Cushman & Wakefield Inc. 1800 Tysons Boulevard, Suite 200 McLean, VA 22102

Perspective: C&W's 2012/2013 Annual Review: now available online

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Moe Hamilton

From: Sent: To: Subject:

Moe Hamilton Tuesday, February 16, 2016 9:31 AM Moe Hamilton 819 Swinks Mill Road/Special Permit Application

Department of planning § Zoning

R ^ B 1 8 ' 1 0 1 6

Zoning Evaluation Division

RECEIVED

Sensitivity: Personal


To whom it may concern:

I have enclosed additional submission information as requested. The following relates to the submission:

SUBMISSION REQUIREMENT 1.00: The application had been updated after the letter and resubmitted March 6th 2015; copy enclosed

SUBMISSION REQUIREMENT 3.00: Photos had been previously provided; additional photos enclosed

SUBMISSION REQUIREMENT 5,00: The proposed use is the retention of an existing wood fence. Also enclosed is a justification statement previously submitted outlining need for use, etc.

SUBMISSION REQUIREMENT 5.07: There is no new building or addition to be added

SUBMISSION REQUIREMENT 5.08: We are not aware of any existing hazardous or toxic substances

SUBMISSION REQUIREMENT 5,09: There is no proposed development

SUBMISSION REQUIREMENT 6.00: See above Submission Requirement 1.00 which had been updated and submitted

SUBMISSION REQUIREMENT SPECIAL PERMIT PLAT: Enclosed are the requested 22 copies of a completed Special Permit Plat completed for this submission November 2015 by RC Fields & Associates

If you have any questions regarding the above please feel free to contact me at 703-847-2770

Best regards,

Milton (Moe) Hamilton

Moe Hamilton Executive Director investor Services

Direct: +1 703 847 2770 Mobile: +1 703 915 6134 Fax: +1 703 442 9492 [email protected]

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COUNTY OF FAIRFAX Department of Planning and Zoning Zoning Evaluation Division 12055 Government Center Parkway, Suite 801

Fairfax, VA 22035 (703) 324-1290

TTY 711 (VA Relay)

APPLICATION No : V62o/G-i)^-o//

.-UK -6% Department of Planning & Zoning

APR 1 8 2016

APPLICATION FOR A VARIANCE Zoning Evaluation Division

(PLEASE TYPE or PRINT IN BLACK INK)

APPLICANT MAILING ADDRESS %/? . /&£»*, /J JX/<)£

HOME (79J)^V7f7JS tfaoRK <J<&) PHONE

PROPERTY ADDRESS


TAX MAP NO. SIZE (ACRES/SQ FT)

ZONING DISTRICT XV MAGISTERIAL DISTRICT J?SO*?Csy//L'

ZONING ORDINANCE SECTION (staff will fill this out)

NATURE OF REQUEST [circle the item(s) and fill in as appropriate]

A. To permit construction of [circle the appropriate item(s)]: story dwelling, addition, deck, roofed deck, accessory storage structure,

accessory structure, feet from the; front, side, rear lot line

VARIANCE REQUEST

INFORMATION

To permit the subdivision of lot(s) into lot(s) with proposed lot(s) #_ having a lot width of feet

C. To permit the construction of a fence greater than ft. in height in the [circle the appropriate item(s)]: front yard, side yard or rear yard.

D. Other.


phone h o m e ( 7 g ? W O R K ( A 7 > T V 7 - 7 7 7 0

MAILING Send all correspondence to (check one): ^j^Applicant — or ~ • Agent/Contact

The name(s) and addresses of owner(s) of record shall be provided on the affidavit form attached and made part of this application. The undersigned has the

power to authorize and does hereby authorize Fairfax County staff representatives on official business to enter onto the subject property as necessary to

process the application.

TYPE/PRINT NAME OF APPLICANT/AGENT DO NOT WRITE IN THIS SPACf

Date application received: sDate application accepteck-?'?. VrC '/-7—/S3

Application Fee Paid; $__X_A^

Moe Hamilton

From: Sent: To: Subject:

Moe Hamilton Thursday, July 21, 2016 11:21 AM Moe Hamilton FW: Shed JUL J 6 2016

Zoning Evaluation Division Sensitivity: Personal


July 21, 2016

Written Statement of Justification:

RE: Shed Location at 819 Swinks Mill Road, McLean VA 22102

SUBJECT: Variance Request

This statement is made for the express purpose of seeking a grant of a variance by the BZA with regard to two sheds on my property that are located in the corner of the property behind a wooden fence. Photographs of the shed and the fence have been submitted.

I hereby affirm and attest to the following:

The main shed has been in its current location for about 20 years and the supplemental smaller shed for about 5 years.

They were placed in their current locations in the corner of the property behind the fenced area due to safety reasons and the lack of other suitable areas do to the flood plain issues and flooding history of the property.

Per the site plan that has been submitted, 819 Swinks Mill Road is an irregular shaped lot with Scotts Run running directly through the rear of the property. The site is in a County designated flood plain and has a history of flooding. In fact, the site experienced heavy flooding in both 2001 and 2006 during which we had to relocate for the residence for periods of up to one month. The flooding potential also seems to have increased over the years with the adoption of the Tysons Corner Comprehensive Plan and the redevelopment of Tysons Corner as our area is affected by the stormwater aspects of the development as we are "downstream" so to speak and it appears to impact the Scotts Run tributary that runs through the backyard.

Fairfax County is also aware of the flooding potential and in the spring of 2006 the Department of Public Works & Environmental Services Stormwater Planning Division performed a storm drainage project on the property for floodproofing and stream stabilization purposes (Project Number SC0611) where they were on site constructing flood remediation walls in both the front and back areas of the property. A Summary Report of the project has been submitted.

When the property floods, and the Scotts Run banks overflow, it occurs in the backyard area in anything not located as far away from the streambank as possible has the potential of being washed away. In fact, we have lost various furniture items as well as previously another shed due to flooding; thus, for safety reasons and the shape of the lot, the current shed locations are the only feasible location to avoid potential damage to the residence.

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My zoning district is a residential zone and the storage shed is for garden tools and equipment and to store various outside type items. I do not believe that the character of the zoning district will change and there are no commercial buildings on Swinks Mill Road.

We are unaware of any complaints from neighbors and, per the photos submitted, most of the adjacent property are wooded or areas shielded by trees.

We thus are seeking the above mentioned variance for the continued location of the current and long standing shed placement. We are also happy to facilitate a site visit as well so that the BZA can get a sense of the property and its challenges.

Thus, to sum up, and in relation to the necessary requirements for an Application For A Variance, we feel that:

PART A: Definition of a Variance: We feel that we qualify as the variance does not unreasonably restrict the utilization of the property and that the granting of the variance would alleviate the hardship of a safe location due to the physical condition of the flood plain relating to the property and its history of site flooding which has been, and will continue to be, in effect at the time of the effective date of the ordinance as we are in what had been designated a County flood plain area with Scott's Run bisecting the property.

PART B: Elements Necessary To Grant a Variance:

(i): The shed ("Property Interest") was placed in good faith over 20 years ago behind a pre-existing fence after reviewing the site plan and site conditions to see where the placement would be the safest and potentially least affected by potential flooding and where it could be best shielded.

(ii) The granting of the variance will not be a detriment of any kind to adjacent or nearby properties. In fact the front side of the house (and the area where the property interest is located) faces a wooded area with a steep hill that will not be developed. To the right of the house, the property faces the creek and a wooded area and the property interest cannot be seen. To the back of the house, the property and property interest faces Scott's Run and a steep wooded area and the property interest cannot be seen...and to the left of the house, the property and property interest faces the creek and a shielded wooded area.

(iii) The shed has been in the same location for 20 years and is not of a recurring nature so as to make it reasonably practicable to formulate a general regulation to be adopted by the Board of Supervisors as an amendment to the Zoning Ordinance.

(iv) The granting of the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property and serves as a residential storage component with a residential zone.

(v) After speaking to the Fairfax County Department of Planning and Zoning, we have been informed that the Variance Application is the necessary remedy and that the relief or remedy sought by the variance application is not available through a special exception or special permit or the process for modification of the zoning ordinance as of the date we have filed the variance application.

Best regards,

Milton Flamilton 819 Swinks Mill Road McLean, VA 22102

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RE: Shed Location at 819 Swinks Mill Road, McLean VA 22102






Per the site plan that has been submitted, 819 Swinks Mill Road is an irregular shaped lot with Scotts Run running directly through the rear of the property. The site is in a County designated flood plain and has a history of flooding. In fact, the site experienced heavy flooding in both 2001 and 2006 during which we had to relocate for the residence for periods of up to one month. The flooding potential also seems to have increased over the years with the adoption of the Tysons Corner Comprehensive Plan and the redevelopment of Tysons Comer as our area is affected by the stormwater aspects of the development as we are "downstream" so to speak and it appears to impact the Scotts Run tributary that runs through the backyard,

Fairfax County is also aware of the flooding potential and in the spring of 2006 the Department of Public Works & Environmental Services Stormwater Planning Division performed a storm drainage project on the property for floodproofing and stream stabilization purposes (Project Number SC0611) where they were on site constructing flood remediation walls in both the front and back areas of the property, A Summary Report of the project has been submitted.

When the property floods, and the Scotts Run banks overflow, it occurs in the backyard area in anything not located as far away from the streambank as possible has the potential of being washed away. In fact, we have lost various furniture items as well as previously another shed due to flooding; thus, for safety reasons and the shape of the lot, the current shed locations are the only feasible location to avoid potential damage to the residence.

My zoning district is a residential zone and the storage shed is for garden tools and equipment and to store various outside type items. I do not believe that the character of the zoning district will change and there are no commercial buildings on Swinks Mill Road,



819 Swinks Mill Road McLean, VA 22102


RECEIVED :ment of Planning & Zoning

RE: Shed Location at 819 Swinks Mill Road, Mclean VA 22102 valuation Division






Per the site plan that has been submitted, 819 Swinks Mill Road is an irregular shaped lot with Scotts Run running directly through the rear of the property. The site is in a County designated flood plain and has a history of flooding. In fact, the site experienced heavy flooding in both 2001 and 2006 during which we had to relocate for the residence for periods of up to one month. The flooding potential also seems to have increased over the years with the adoption of the Tysons Corner Comprehensive Plan and the redevelopment of Tysons Corner as our area is affected by the stormwater aspects of the development as we are "downstream" so to speak and it appears to impact the Scotts Run tributary that runs through the backyard.

Fairfax County is also aware of the flooding potential and in the spring of 2006 the Department of Public Works & Environmental Services Stormwater Planning Division performed a storm drainage project on the property for floodproofing and stream stabilization purposes (Project Number SC0611) where they were on site constructing flood remediation walls in both the front and back areas of the property. A Summary Report of the project has been submitted.

When the property floods, and the Scotts Run banks overflow, it occurs in the backyard area in anything not located as far away from the streambank as possible has the potential of being washed away, In fact, we have lost various furniture items as well as previously another shed due to flooding; thus, for safety reasons and the shape of the lot, the current shed locations are the only feasible location to avoid potential damage to the residence.

My zoning district is a residential zone and the storage shed is for garden tools and equipment and to store various outside type items. I do not believe that the character of the zoning district will change and there are no commercial buildings on Swinks Mill Road.



Milton Hamilton 819 Swinks Mill Road McLean, VA 22102

Regar

Special Permit SP 2016-DR-076

MILTON HAMILTON, JR.

Variance Application VC 2016-DR-011

MILTON HAMILTON, JR.

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APPLICATION FOR A SPECIAL PERMIT