HomeMy WebLinkAbout03-17 BZA Staff Report
VARIANCE APPLICATION #03-17
DAVID JORDAN & JAIME JORDAN
Staff Report for the Board of Zoning Appeals
Prepared: November 10, 2017
Staff Contact: Mark R. 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:
November 21, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 516 North Drive, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-6-7
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: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a for a 19-foot front yard variance to a
required 60-foot front setback will result in a 41-foot front setback, to construct a single family dwelling
of 3,000 sq. ft.
REASON FOR VARIANCE: Due to the extreme topography of the property which prevents the
building of a structure to the current setbacks of the RA Zoning District.
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
Variance #03-17 – David and Jaime Jordan
Page 2
November 10, 2017
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, 100-feet left side, and 100-
feet on the right side.
This property does not have a front Building Restriction Lines (BRL) assigned to it, and would need
to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a 19-foot variance on the
front yard from the required 60-foot front yard setback resulting in a 41-foot front yard setback.
Should this variance be granted, the building setbacks for this property would be 41-feet in the front,
100-feet in the rear, and 100-feet left side and 100-feet right side.
STAFF CONCLUSIONS FOR THE NOVEMBER 21, 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.