Ltr 03-03

3F01 Carl R. Kessler, Treasurer 3F02 Karen L. Perry, Vice Chair 3F03 Robert V. Maudlin 3F04 David J. Bardin, Secretary 3F05 Judith M. Bernardi 3F06 Catherine J. Wiss, Chair 3F07 Stephen N. Dennis

4401-A Connecticut Ave. NW # 244 Washington, DC 20008-2322 www.anc3f.org e-mail: anc3f@juno.com phone: 202.362.6120 fax: 202.686.7237

February 14, 2003

Mr. David A. Clark

Director

DCRA

941 North Capitol Street, N.E.

Washington, D. C. 20002

Re: Subdivision of 2800 Chesterfield Place

Square 2258 Lots 90, 91 and 76 into Lots 102,103 and 104

Dear Mr. Clark:

ANC3F has been informed by the owner of 2800 Chesterfield Place, Square 2258 Lots 90, 91 and 76 (abutting) that he recently received approval from DCRA to subdivide that property into Lots 102, 103 and 104. It is our belief that the new subdivision violates § 101.6 of the Zoning Regulation because it takes a lot with an existing conforming structure on it (former Lot 90) and transforms it into a nonconforming structure on new Lot 102 by eliminating the required 25 foot rear yard mandated by § 404.1 of the Zoning Regulations for R-1-A Zoning Districts.

It is our understanding that neither the Zoning Administrator nor the Surveyor has the authority to subdivide a lot if the subdivision creates a nonconformity. Thus, we ask that you reverse any action that may have been taken in this regard. The subdivision complained about here was recorded in Book 196 at Page 108, Surveyor's Office File #02-4516, SO 01286 on January 9, 2003.

Facts.

The attached drawings were created by The American Masters Works LLC#1, the owner of former Lots 90, 91 and 76, Square 2258 (now Lots 102, 103 and 104) and illustrate the facts.

A. Former Lot 90 (now Lot 102) is located at 2800 Chesterfield Place. Two former abutting lots, 76 and 91 (now Lots 103 and 104), front on Broad Branch Road. Former Lot 90 was an existing lot of 17,476.14 square feet with an existing house. Attached drawing 1 shows the situation prior to subdivision of Lot 90 into Lot 102. As can be seen, the existing structure on Lot 90 conformed with front, side and rear yard requirements for R-1-A Districts.

B. Attached drawing 2 shows the subdivision of the three existing lots (90, 91 and 76) into three new lots, each with approximately 11,000 square feet. As you will note, the backyard of the existing conforming structure that was on Lot 90 and is now on Lot 102 (referred to as "Proposed Lot B" on drawing 2) is rendered nonconforming by the subdivision of that former 17,000 square foot lot into an 11,000 square foot lot. That happens because the rear lot lines on Lot 102 are closer to the existing structure than they were prior to subdivision of Lot 90 into Lot 102 and less than 25 feet. You can compare the distance between the rear lot lines and the existing structure on former Lot 90 and new Lot 102 before and after subdivision by comparing drawing 1 with drawing 3.

C. Drawing 3, also drafted by the owner, shows the situation after the subdivision of Lot 90 into Lot 102. Lot 102 is referred to as proposed Lot B on the drawing. The existing footprint of the structure has a cross-hatched edge that we have highlighted for ease of identification. The rear yard measurement from the existing footprint to the new rear property lines on Lot 102 is less than 15 feet at the three rear corners of the structure and along one of the rear walls. Thus, the subdivision of Lot 90 into Lot 102 creates a nonconforming structure in violation of Section 101.6 of the Zoning Regulations.

Conclusion.

ANC3F reviewed the action taken by DCRA in this subdivision at a duly noticed public meeting on February 10, 2003, with a quorum present and voted 6-0-0 to request that DCRA withdraw the subdivision of Lots 90, 91 and 76 into Lots 102, 103 and 104.

We respectfully request your reply by March 10, 2003 so that we can review it at our next regular meeting on March 17.

Very sincerely yours,

Robert V. Maudlin

enc.

cc: American Master Works

Enclosures with February 14, 2003 letter to David A. Clark

Drawing 1 - C002B - November 21, 2002 - Schematic Design 3

Showing rear set back of existing house on Lot 90

Drawing 2 - C002 - November 21, 2002 - Schematic Design 1

Existing house on Lot B (Lot 102)

Drawing 3 - C002B - November 21, 2002 - Schematic Design 1

Existing house and proposed house on Lot B (Lot 102)