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Falls Church planning commission recommends zoning changes for accessory dwellings, with revisions

2622529 · March 5, 2025
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Summary

After public testimony and extended debate over setbacks, privacy and rear-yard limits, the Falls Church City Planning Commission voted 5–2 on March 5 to recommend that City Council adopt zoning ordinance amendments on accessory dwellings (T.O. 24‑17), including three staff-drafted revisions the commission requested before council review.

On March 5, 2025, the Falls Church City Planning Commission voted 5–2 to recommend that City Council adopt proposed zoning ordinance amendments on accessory dwellings (T.O. 24‑17), a package of rules the commission and staff say is intended to expand housing options while addressing privacy, stormwater and design concerns.

The vote followed a public hearing in which five nearby residents urged more restrictive setbacks and protections, and a long staff presentation describing changes made since City Council gave the ordinance first reading on Nov. 25, 2024. Planning staff said the amendment package is intended to implement the housing chapter of the city’s comprehensive plan and Council priorities for 2024–25.

The commission’s recommendation sends the amended ordinance to City Council with three specific revisions requested by the commission: draft code language to prevent detached accessory dwellings from being located in a front yard or closer to the street than the primary dwelling; removal of the provision that would fold detached accessory dwellings into the existing 30% maximum coverage of the required rear yard; and a direction that special‑use permits (when required) be reviewed by the Planning Commission.

Planning staff summarized the proposal as allowing one accessory dwelling per lot in single‑family districts (R‑1A and R‑1B) by right, keeping accessory dwellings in multi‑family districts as conditional uses, capping Gross Floor Area for detached units at 50% of the primary dwelling or 1,000 square feet (whichever is less), dropping owner‑occupancy and short‑term‑rental restrictions from the draft, and proposing no off‑street parking requirement. For detached accessory dwellings staff proposed a sliding‑scale height allowance tied to setbacks, and new allowances for clerestory windows that face neighboring lots when those windows do not create direct sightlines.

Public commenters pressed the commission on privacy, corner‑lot rules and stormwater. “I ask that this commission discuss and agree on a 10‑foot minimum. That’s the fair solution to our citizens,” said Jean Gresco, a Falls Church resident, during the public hearing. Kelly Port and Brian Sperry, who live at 305 Walnut Street, urged stricter rules for corner lots and asked that grading/site‑plan review be required for detached accessory dwellings sited on corner parcels. Mary Chavez, another resident, cited the city’s online questionnaire and said “60% opposed” the proposed 5‑foot setback and the removal of owner‑occupancy requirements. Other speakers warned that a 5‑foot setback would endanger trees and privacy.

Commission debate ranged from support for giving owners flexibility to build detached units in rear corners, to concerns that a 5‑foot setback is too close and would harm tree canopy and neighbor privacy. Commissioners also discussed whether accessory dwellings should be included in the city’s existing rule that accessory buildings may occupy no more than 30% of the required rear yard. A majority voted to remove that rear‑yard limit for detached accessory dwellings as part of the commission’s recommendation to council, while two commissioners opposed sending the package to council with those revisions.

Commission actions: Commissioner Duncan made and moved the recommendation to City Council; the motion as amended asked staff to include the three revisions listed above. The final roll‑call vote was: Polinski — yes; Duncan — yes; Krasner — no; Stevens — yes; Friedlander — no; Kravinsky — yes; Comont (chair) — yes.

City Attorney Miss Gillette attended virtually and told the commission she would be available for legal questions; planning staff said updated materials and a summary of public questionnaire responses were included in the staff report transmitted before the meeting. City Council had granted first reading to the ordinance on Nov. 25, 2024; Council’s final consideration is scheduled for April 14, 2025.

What’s next: The commission forwarded its recommendation (including the three requested edits) to City Council for its scheduled work session and final vote. Because the commission’s recommendation changes the draft language on rear‑yard coverage and the front‑yard/location standard, staff said those specifics will be carried forward to the Council packet and to any public materials that accompany Council’s work session on the proposal.

A number of speakers urged more protective measures (10‑ to 15‑foot setbacks, grading/site‑plan review for corner lots, and owner‑occupancy limits). Commissioners recorded those concerns in their public comments and dissenting votes; Council will receive a record of that debate along with the commission’s majority recommendation.