HomeMy WebLinkAbout02-17 BZA Staff Report
VARIANCE APPLICATION #02-17
ELMER A. CHRISTIAN, JR
Staff Report for the Board of Zoning Appeals
Prepared: October 10, 2017
Staff Contact: Mark R. Cheran, Zoning Administrator
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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:
October 17, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 208 Fair Lane Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-56
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 29.2-foot left side yard variance to a
required 50-foot left side yard setback will result in a 20.8-foot left side yard setback and a 37.5-foot
rear yard variance to a required 100-foot rear yard setback will result in a 62.5-foot rear yard setback.
REASON FOR VARIANCE: The property is exceptionally narrow and cannot meet current RA
setbacks.
Variance #02-17 – Elmer Christian, Jr.
Page 2
October 10, 2017
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The property setback
lines at the adoption of the zoning ordinance were 35 feet for the front, 15 feet for the side yards and
50 feet for the rear. Frederick County amended its ordinance in 1989 to change the A-1 Zoning
District to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors
amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks
for this property 60 feet to the front, 100 feet to the rear, 60 feet on the left side, and 100 feet on the
right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 29.2-foot left side variance to
the required 50-foot left yard setback, and a 37.5-foot rear yard variance to the required 100-foot rear
yard setback. Should this variance be granted, the building setbacks for this property would be 60
feet in the front, 62.5 feet in the rear, and 20.8 feet left side and 10 feet right side. The Applicant is
going to maintain the current right-side setback as with the current foot print of the structure. The
setback will not be extended or encroach.
STAFF CONCLUSIONS FOR THE OCTOBER 17, 2017 MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall
be granted unless the application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good faith.
2) The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on such
property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special exception or the
process for modification of a zoning ordinance.
This proposed variance appears to be consistent with the character of the District; and meets the
intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from
current setbacks of the RA (Rural Areas) Zoning District may be justified.