Have you convinced the DC zoning board to change what they consider your rear yard?
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Anonymous
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I live in CCDC and am exploring a 2-story addition to our small house. We're on a corner lot, with plenty of room to build over what -- by most definitions (our street address, general design of the house, etc.) -- would be considered our side yard. However, due to reasons I don't really understand, the city considers that space to be our back yard, which greatly restricts how much we can build on it.
To build in that direction, we'd have to get a special exception that effectively acknowledges that the yard on the side of our house is, well, our side yard (i.e. reality). The architects we've consulted have given wildly mixed projections of how likely we'd be to get that exception -- everything from "no way in hell" to "probably not" to "sure." Before we proceed with one of these optimists, or even get our hopes up that the project will be possible, I'm looking for examples of people who have successfully changed the "official" orientation of their homes. Have you done this? If so, any tips on how to proceed? |
Anonymous
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What do the regulations for your zone say? What is your zone? We're looking at a similar issue related to the percentage of lot coverage that you are allowed. For much of the city, as I understand it, it's 60 percent (we're R4). Is your issue related to that? Or is it related to there being an easement over your side yard? I don't understand the issue of not being able to build at the side.
I know that some people also run in to an issue like this because they don't technically "own" the side of their lot, it's actually city property. |
Anonymous
| pp here. Also, I should say that I've heard that a special exception is relatively easy (though time consuming) to get, though I guess it depends on what you're trying to do. My understanding is that neighbors have to be supportive and there is some kind of public hearing (at an ANC meeting). I was told that getting a special exception was easier than a variance, though I'm not sure of the difference. |
Anonymous
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OP here. I think we're considered R-2, and our intended addition would fall within the total lot coverage.
The real problem is that the city considers our side yard to be our back yard. A back yard apparently requires a 20-foot setback from the edge of the property. That wouldn't leave us enough room to add more than a few feet of depth to the house, which isn't worth doing. I think our neighbors would be supportive enough, though I'm sure they wouldn't love lots of construction, understandably. |
Anonymous
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Ah that makes sense. So, the architects have told you that you will need the 20 foot set back at the side as well as the rear? Have you called the zoning office and asked this? When I looked at the zoning rules recently it mentioned rear only.
Unfortunately I don't have experience with getting this special exception and am also interested in hearing from people who have. |
Anonymous
| I wonder if OP's house is like ours (based on the description, it could be my home). we are in CCDC on a corner lot, and our side yard is our "backyard". but the front of our home is set back from the sidewalk (and part of the front yard is public property, we got permission to put a fence at the sidewalk, enclosing some of the public land in our yard), the side yard on the right is large, but there is a porch and part of the yard is also public land, so I doubt we can build there. the back part of the house is just less then two yard from the fence separating us from our neighbor, we actually do not have a back yard, but just a narrow path, so definitely no building there. |
Anonymous
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OP again, and 14:33, yes, that's almost exactly our situation!
Like you, we have no room to build in the actual back (or what DC considers the side) as we're already at the line of permissible building, and just a path away from the neighbor's fence. One architect said he thought we could claim a "hardship," which allows them to grant an exception, since there's no other place we can build. The rest of them say the board won't consider it a "hardship" because our lot is a regular rectangular shape. We really want to believe the optimistic architect, but I'm worried he's that 1 out of 5 dentists who doesn't recommend X toothpaste. |
Anonymous
| Ask the optimistic architect for examples of when he's helped clients do this before, how long it's taken and what was involved. Also, when he's tried to do it before and failed. Then let us know too! |
Anonymous
| OP again. The optimist said he did something similar once before, for a sort-of celebrity (known media guy, not sure if that's a factor with the zoning board). He also said that because every lot is different, the circumstances don't line up 100%. |
Anonymous
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Read the zoning transcripts from past cases and see if anyone did anything similar. If so, contact the architect that got that one through.
That is how I found possibly the only person to allow the reconstruction of my non-conforming garage. |
Anonymous
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Before you start, be sure to have 100% support from neighbors. If even one of them opposes and then shows up at your BZA hearing saying your addition will ruin their life, you're doomed.
Been there and will NEVER go before the BZA or ANC AGAIN!!!!! |
Anonymous
Where can you find these? |
Anonymous
This is OP, and I thought that was great advice. There's a search function on the BZA website, but I haven't had time to try it yet. |
Anonymous
| bump |
Anonymous
| I know this thread is several years old, but I am in the same situation -- corner lot in AU Park -- DCRA says our "side yard" is actually a "rear yard," and a small addition there would violate the 25' rear yard setback requirement. I was wondering if there's an update on this, or if anyone else has successfully obtained an exception from the board of Zoning Appeals recently. Thanks in advance. |