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BZA 02-17-15 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia February 17, 2015 3:30 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of July 15, 2014 3) Election of Officers, Meeting Schedule, & Adoption of Bylaws PUBLIC HEARING 4) Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 foot left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396 McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. 5) Other MINUTES FOR THE JULY 15, 2014 BZA MEETING Draft Frederick County Board of Zoning Appeals Page 1641 MEETING MINUTES OF THE FREDERICK COUNTY BOAD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia on July 15, 2014. PRESENT: Jay Givens, Chairman, Back Creek District; Eric Lowman, Vice-Chairman, Red Bud District; Gary Oates, Stonewall District; Bruce Carpenter, Gainesboro District; Kevin Scott, Shawnee District; Ronald Madagan, Member-at-Large ABSENT: Reginald Shirley III STAFF PRESENT: Mark Cheran, Zoning Administrator, and Pamala Deeter , BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Givens at 3:30 p.m. and he determined there was a quorum. Chairman Givens led the Pledge of Allegiance. On a motion made by Mr. Oates and seconded by Mr. Lowman, the minutes for the May 20, 2014 meeting was unanimously approved. PUBLIC HEARING Variance Request #02-14 of Debra Johnson and Richard Oram, submitted by Marsh & Legge Land Surveyors, P.L.C., for a 100 foot right side yard variance to a required 200 foot right side setback resulting in a 100 foot right side variance. This property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A-209 in the Gainesboro Magisterial District. Mr. Cheran presented the staff report. The property requesting a variance is zoned RA (Rural Area) District and is vacant. The adjoining properties are zoned RA (Rural Area). The property to the North is an Orchard and the properties to the South and East are residential and to the West are vacant. The property is five acres and cannot be built on because of the topography at the current 200 foot setback requirement from the Orchard. The applicant is seeking a 100-foot right side yard variance to the required 200-foot right side orchard setback. Draft Frederick County Board of Zoning Appeals Page 1642 In 1978, this property and adjoining properties were created into five acre lots. The property at that time was zoned A-2 Zoning District and the setbacks were 35 feet for the front and 15 feet for the side yards. Frederick County changed the setbacks for the RA District in 2007. The setbacks now for the RA District is 60 feet to the front, 50 feet to the rear, and 50 feet on the left side and 200 feet on the right side. The reason the 200 feet on the right side is because of an active orchard. Mr. Cheran stated that the variance might be justified because of the topography for this building area. If this variance is granted the setbacks would be 60 foot from the front, 100 foot for the right side, 50 foot on the left, and 100 foot on the rear. The adjoining property owner supports the variance. Chairman Givens asked if there are any questions for the staff. Mike Artz of Marsh & Legge Land Surveyors P.L.C., is representing Debra Johnson and Richard Oram. Mr. Artz stated that this property was created in 1978 and is included in a subdivision that has 12 lots and each lot is approximately five acres. The adjoining property is an orchard to the north which is in a subdivision of 20 lots and each lot has five acres. This subdivision was created in 1978. The active orchard is on a five acre parcel which is where the 200 foot setback comes into play. If this orchard becomes inactive, then the property owner could pull a building permit and the setback would become a 50 foot setback for a five acre lot. If the orchard wasn’t there it would be a 50 foot setback. If the lot was being used as agricultural the setback would be a 100 foot setback. Mr. Artz stated the reason we can’t meet the setback requirements are topography and drain field issues. In front of the house is a swell, the house and the drain field cannot be located in that area. The drain field has been placed on the side of the ridge. The house needs to be placed on the ridge. The house will be a one story on a wooded lot. The only clearing of the lot will be for the drain field and house site. Mr. Artz stated in that area there are other homes closer to the property line. When these houses were built, the setback was 15 foot side yard. There is some confusion as to where the 200 feet is from the property line or from the orchard trees. The applicant is placing their home 100 feet from property line and 150 feet from the orchard trees. There still is a buffer of forest between the property owner and the orchard. Mr. Oates asked how Mr. Russell felt about this. Was he in support of this house being close to the orchard? Mr. Artz replied no contact with Mr. Russell. Mr. Oates clarified the 200 foot setback is from the property line. The fruit growers need a buffer because of the spray. Chairman Givens needs some details on the topography. Chairman Givens understands why the drain field has to be placed there. Could the house location be above the drain field and below other building setback? Mr. Artz stated the reasons why they couldn’t move the house was access to the driveway, the ridge line, and privacy issues with adjoining property owners. Draft Frederick County Board of Zoning Appeals Page 1643 Mr. Oates stated that topography for a hardship means you can’t fit a house there. Mr. Oates states he has seen worse topography. The applicant Debra Johnson came forward to speak. Ms. Johnson spoke of the topography. The house needs to be placed on the rise because of the topography there is a drop off. PUBLIC HEARING Chairman Givens asked if there was anyone here to speak for or against the request. Sara Childress an adjoining property owner came forward to support Debra Johnson and Richard Oram. Public Hearing closed and the floor is open to comments. COMMENTS Mr. Madigan expressed that other property owners are close to the setback. Mr. Oates stated that the fruit growers in 2007 expressed concerns about setback. The setback needs to be 200 feet because of the spraying liability and other issues. Mr. Oates is not in favor because he thinks the house could be moved to another location. Mr. Oates stated that the size of the lot doesn’t matter; it is the use of the property that dictates the setback. Chairman Givens clarified that if the orchard is on a five acre lot and if the orchard became inactive and remove that the setback would change. Mr. Cheran replied yes. Mr. Cheran was asked by Mr. Oates if there are other active orchard less than five acres. Mr. Cheran replied yes. Chairman Givens stated the three requirements for a variance. 1. The strict application of the ordinance will produce an undue hardship. 2. The hardship is not generally shared by the properties in the same zoning district and vicinity. 3. The authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Draft Frederick County Board of Zoning Appeals Page 1644 Chairman Givens expressed it is an undue hardship to build within the setback foot print. The building foot print has been established by the legislative action of the Board of Supervisors. The BZA board will be acting under the direction of undue hardship. Mr. Lowman made the motion to approve Variance 02-14 and it was seconded by Mr. Madigan. The vote was a four to two for approval. Variance Request #03-04 of Wright Renovation Inc., submitted by Marsh & Legge Land Surveyors P.L.C., for a 11.5’ Dowell J. Circle front yard variance for the 132 Dowell J. Circle dwelling lot, 12.6’ Anderson Avenue front yard variance for the 132 Dowell J. Circle dwelling lot, 7.9’ Anderson Avenue front yard variance for the 103 Anderson Avenue dwelling lot, and a 28’ variance for required 50’ private right-of- way width on Anderson Avenue for 103 Anderson Avenue dwelling lot. The existing parcel has two dwellings located thereon. Variances are requested for the existing structures in anticipation of a subsequent subdivision into two lots. This property is located on the southeastern side of the intersection of Dowell J. Circle and Anderson Avenue and is identified with Property Identification Number 54F-A-22 in the Red Bud Magisterial District. Mr. Cheran presented the staff report. This property is zoned RP (Residential Performance) District and the land use is residential. The adjoining properties are residential and zoned RP as well. In 1967, the zoning map shows this property being zoned as R-3 (Residential General) District. Frederick County adopted zoning in 1967, at that time the setbacks were 35 feet for the front, 10 feet for the side yards and 25 feet for the rear. The setbacks previously noted are current with the single family detached setback. The property has two dwellings which were built in the 1970’s. The applicant desires to subdivide the properties into two parcels of 4,754.4+/- sq. ft. and 4,308.9 sq. ft. The 132 Dowell J. Circle and 103 Anderson Avenue do not meet the zoning setback requirements. These parcels will be single-family small lots of the RP Zoning District. Today single-family small lots in the RP District have setbacks, which are 25 feet front, 5 feet side yard, and 15 feet rear. When the zoning ordinance changed in 1967 the District of R1, R2, and R3 became the RP District. Looking at the zoning ordinance today, the size of a RP lot can vary. The lot sizes can range from 1,000 sq. ft. to 3,000 sq. ft. for a single family small lot. The applicant is requesting to subdivide the 9,063.3+/- parcel. The applicant is requesting at 132 Dowell J. Circle dwelling an 11.5 foot front yard variance resulting in a 13.5 foot setback. This dwelling front along Anderson Avenue and a request of a 12.6 foot front yard variance from Anderson Avenue resulting in a 12.4 foot setback. The applicant is requesting at the 103 Anderson Avenue dwelling a setback 7.9 foot front yard variance from Anderson Avenue resulting in 17.1 foot setback. This property will need a 28 foot variance for the required 50 foot right-of-way to allow this subdivision, as Anderson Avenue is 22 feet wide. This dwelling has an encroachment of a screened porch on an adjoining property; this encroachment will be adjusted (boundary line) with the adjoining property prior to the subdivision of this property. Draft Frederick County Board of Zoning Appeals Page 1645 The Code of Virginia in 1950 as amended of the Frederick County Zoning Ordinance states that no variance shall be granted unless the application can meet the following requirements. The strict application of the ordinance will produce an undue hardship in same zoning district and vicinity. This application would not change the character of the District. This variance from the current setback of the RP (Residential Performance) District specifically, the setback of the single-family small lot type may be justified. The proposed lot sizes will be consistent with properties in the vicinity and not a detriment to the same; however before the subdivision of the property the encroachment of the back screen porch would need the be adjusted prior to the signing off on the subdivision. A decision from the Board of Zoning Appeals needs to be made first on lot sizes, shapes, and or setback before any other action can be made. The Board of Supervisors uses the subdivision ordinance as a tool in approving subdivisions. If there was an appeal, that would be presented to the Board of Supervisors. The Board of Supervisor cannot act on setback or lot sizes. Chairman Givens clarifies that we are only talking about the two houses on Anderson Avenue. Mr. Cheran explains the aerial photo shows two parcels of land. One parcel has two dwellings to be subdivided and the other parcel a new house which meets the current setback and is being constructed. The new constructed house is where the boundary line adjustment will clear up the encroachment of the screen porch. Mr. Oates asked Mr. Cheran if the Board could make a condition that the boundary line adjustment of these three lots needs to be recorded before the subdividing of the land. Mr. Cheran, yes this could be done. Mr. Artz of Marsh & Legge Land Surveyors represents Wright Renovation Inc. Wright Renovation purchased two lots. One lot was a vacant building lot which they are building a house on it now and the other lot has two existing dwellings. The applicant is requesting that each dwelling has its own parcel. These houses were created back in the 1940’s. The only thing changing is the carport will be removed so it can meet the five foot setback from the side line. The screened porch on the Anderson Avenue dwelling is encroaching the setback and we intend on correcting that with a boundary line adjustment. Mr. Artz states he has the Power of Attorney for Mr. Wright. Mr. Artz agrees to the condition that the boundary line needs to be done to clear up the encroachment of the porch with the ending result of approving the subdivision of the parcel. Mr. Oates asked Mr. Artz if the plat that is before them with boundary line adjustment would be the plat he would record and be willing to add the conditions set forth by the BZA. Mr. Artz said yes. Public Hearing Chairman Givens asked if there is anyone to speak this request. No one came forward to speak for the request. Chairman Givens asked if there is anyone to speak against this request. Draft Frederick County Board of Zoning Appeals Page 1646 Mr. Ernie Smith came forward. Mr. Smith lives adjacent to the 132 Dowell .J Circle address. Mr. Smith is asking why they are requesting variances now after the new house has been constructed. Chairman Givens addressed Mr. Smith by stating the newly constructed house meets the County’s requirement for setbacks and the two houses on one parcel do not meet the requirements. One reason there are two front yards. The County code states when a house fronts two streets this means it has two front yards. Mr. Smith said there are three lots being subdivided. Chairman Givens said no two lots. Following the action today it will go before the Planning Commission and Board of Supervisors for them to approve the subdivision of the lots. Mr. Charles Gurtler came forward to speak against the variance. Mr. Gurtler lives at 104 Anderson Avenue and directly across from 103 Anderson Avenue. Mr. Gurtler’s question is can Lot 1B divided into two lots. Mr. Cheran addressed the question. Yes, it could be subdivided, but it has entrance requirements and square footage in the RP District can go as low as 4,000 sq. ft. per lot. If one of the conditions for approving the boundary line plat is no further subdividing then that is the end result as part of the motion. Chairman Givens explained that if a parcel was subdivided it would have to meet County requirements to build on that lot. If a structure is on part of a parcel and it was subdivided, we could not put the existing house in violation to the setback. Chairman Givens stated again that the Board is only acting on the variance of these two lots. There will be a public meeting with the Planning Commission and Board of Supervisors if you want to voice your concerns about the subdividing of the land. Chairman Givens asked him if he has anything to present to the Board and Mr. Guliter said he is getting the petition ready now. Mr. Carpenter asked Mr. Artz if he had considered looking at the option of stratiling the boundary line adjustment onto Lot 2A would you have achieved the same result. Mr. Carpenter stated if this was done with Lot 2A then you might not have as many concerns from the adjoining property owners about a subdivision. Mr. Artz said that was looked at, but we felt that doing it the way it is presented on the plat is the cleanest way to clear up the encroachment of the porch. Mr. Artz feels that 103 Anderson Avenue would like to have more back yard property than to have the property line right at the screened porch. Mr. Artz was willing to make some adjustment to the lot line so that the property would have a harder time trying to subdivide. Mr. Artz confirmed with Mr. Cheran that the square footage of the lot size is 8,000 sq. ft. in the RP District for further subdivision so, if we can drop the 103 Anderson Avenue down below 8,000 sq. feet. Then if the property owner tried to further subdivide they would have to change the zoning ordinance. The zoning ordinance is changed by the Board of Supervisors. In order to further subdivide on Anderson Avenue, he would have to demolish the house that is in existence. Another issue is Anderson Avenue is not a public street. Draft Frederick County Board of Zoning Appeals Page 1647 Mr. Oates explained instead of reconfiguring the plats why don’t we to approve the variance with a condition of no further subdivision of the property. Chairman Givens asked if that was possible for the BZA to put a condition on variance. Mr. Cheran replied yes you can. Mr. Artz is hesitating in putting a restriction on the plat for subdivision; he would rather decrease the acreage of the lots. Mr. Chris Anderson came forward to speak against the variance. How will this affect my property? Will my boundary line, property line move, or will the alley way shrink or change in anyway. Chairman Givens explained to Mr. Anderson that the Lot 2A new house meets County requirements to be built and the other houses already existing and we are just doing variances on front and side yard setbacks but to subdivide this property it will go before the Planning Commission and the Board of Supervisors. Mr. Oates said that the width of Anderson Avenue won’t change and your property line will remain the same. Sherri Donavan came forward to speak for her mother Nancy Patterson Moomaw. Ms. Moomaw’s property is adjact from the Dowell J. Circle properties. Ms. Moomaw needed clarification on how it was to be subdivided. Mr. Oates spoke up and said that two existing houses share one parcel and we are talking of subdividing this lot into two parcels. Chairman Givens declared the public hearing closed. DISCUSSION Mr. Oates said he supported the variance if no further subdivision than the three lots with conditions or three lots will not exceed 8,000 square feet so they couldn’t be subdivided. Mr. Carpenter said he would support it if the lots were changed to below 8,000 square feet and then you couldn’t further subdivide and no condition would be on the lots. Mr. Artz agreed to Mr. Carpenter’s suggestion. Mr. Artz said the wording could read the resulting boundary line adjustments and none of the lots shall exceed 8,000 square feet. Chairman Givens asked if approving the variance request would be contingent on boundary line adjustment resulting in any new lot created must be less than 8,000 sq. feet with the resulting boundary lines. Mr. Lowman made the motion to approve variance 03-14 and it was seconded by Mr. Oates. Draft Frederick County Board of Zoning Appeals Page 1648 Chairman Givens explained that we are voting on approving the variance request with contentious upon where boundary line goes and that the three lots will be less than 8,000 sq. feet. There was no other discuss on this item. The vote was unanimous for approval. OTHER Chairman Givens inquired if there are any applications pending for the August meeting. Mr. Cheran responded there are no applications at this time; the cut-off-date is Friday, July 25, 2014 There being no further business, Mr. Scott made the motion to adjourn and it was seconded my Mr. Oates at 4:55 p.m. RESPECTFULLY SUBMITTED, ______________________ James Givens, Chairman ______________________ Pamala Deeter, Secretary ELECTION OF OFFICERS MEETING SCHEDULE ADOPTION OF BY-LAWS - 1 - FREDERICK COUNTY BOARD OF ZONING APPEALS BY-LAWS (Proposed for Consideration February 17, 2015) ARTICLE I - AUTHORIZATION 1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2308 of the Code of Virginia (1950), as amended. 1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals, hereinafter referred to as the BZA. ARTICLE II - PURPOSE 2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations of Chapter 165 of the Code of Frederick County, in accordance with the provisions of Section 15.2-2308 Code of Virginia (1950), as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the BZA shall be open to residents of Frederick County, recommended by Frederick County Board of Supervisors, and appointed by the Circuit Court for the locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The membership shall be no more than seven (7) members; or less than five (5) members. Terms of office shall be five (5) years. 3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24) hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3- 2308 Code of Virginia, (1950) as amended. ARTICLE IV - OFFICERS 4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a County employee. 4-2 The selection of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. - 2 - 4-2-1 Nomination of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Rule on procedural questions. 4-3-1-3 Certify official documents involving the authority of the BZA. 4-3-1-4 Certify minutes as true and correct copies. 4-3-2 The Vice-Chairman shall: 4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the chairman to act. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all BZA meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official BZA records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all BZA meetings, public hearings. 4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the BZA. - 3 - 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. ARTICLE V- MEETINGS 5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the Board of Supervisors Meeting Room of the Frederick County Administration Building. In the event of inclement weather, the meeting will be cancelled if: 1) The County Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman declares that weather or other conditions make it hazardous for the BZA members or the public to attend. In the event a scheduled meeting is cancelled, it will be continued to the following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their appeals until the next regular meeting of the BZA. Nothing herein shall prevent the cancellation of a BZA meeting should no applications for BZA consideration be received by the established deadline. 5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days before the meeting. 5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia, (1950), as amended. ARTICLE VI - VOTING 6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 6-2 No action of the BZA shall be valid unless authorized by a majority vote of members. ARTICLE VII - OPERATING RULES 7-1 Order of Business 7-1-1 Call to Order 7-1-2 Pledge of Allegiance 7-1-3 Consideration of Minutes - 4 - 7-1-4 Public Hearing 7-1-5 Other 7-1-6 Adjournment 7-2 Minutes 7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the BZA certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the BZA shall be clearly identified as a draft version of the meeting. 7-3 Procedures 7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of Order, Simplified and Applied, except where otherwise specified in these procedures. 7-3-2 When a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 7-3-3 Business items on the agenda shall be considered using the following procedures: 7-3-3-1 Report by County Staff 7-3-3-2 Presentation by Applicant 7-3-3-3 Citizen Comment 7-3-3-4 Rebuttal by Applicant 7-3-3-5 Discussion by BZA 7-3-3-6 Motion and Action by BZA 7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, (1950), as amended. 7-3-5 The BZA members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be - 5 - made part of the official record of the meeting by motion of the BZA and are to be kept on file by the Secretary. Such items need not be made part of the published minutes. 7-3-7 Public Hearings 7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of Virginia, (1950), as amended. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, (1950), as amended. 7-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 7-3-8 Tabling 7-3-8-1 The BZA shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia, (1950), as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Zoning Administrator with a written request to table the agenda item. F) The Frederick County Zoning Administrator is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to be acted upon. ARTICLE VIII - AMENDMENTS - 6 - 8-1 These by-laws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All amendments to these by-laws shall be considered by the BZA in December of each calendar year. The BZA shall adopt their by-laws during the first meeting of each calendar year. VARIANCE REQUEST #01-15 OF KENNETH WRIGHT VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: January 23, 2015 Staff Contact: Mark Cheran, Zoning Administrator ______________________________________________________________________________ This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: February 17, 2015 – Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. . REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not liveable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 – Kenneth Wright Page 2 January 23, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the right and 50 feet to the rear and left side. Based on the limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE FEBRUARY 17, 2015 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. ST616 ST616 TRA N Q U I L WOO D L N MCD O N A L D R D VAR0115 500MCDONALD RD 345MCDONALD RD 181TRANQUILWOOD LN 441MCDONALD RD 484MCDONALD RD 315MCDONALD RD 368MCDONALD RD 151MAGICMOUNTAIN RD 396MCDONALD RD 388MCDONALD RD Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2015Staff: mcheran MCDONALD RD ZE I G E R D R 0150 VAR # 01 - 15Kenneth WrightPINs:51 - A - 150Front, Left, and Right Side Variances VAR # 01 - 15Kenneth WrightPINs:51 - A - 150Front, Left, and Right Side Variances 0 190 38095 Feet 420MCDONALD RD 51 A 150 345 MCDONALD RD