HomeMy WebLinkAbout04-17 BZA Staff Report
VARIANCE APPLICATION #04-17
JOHN POWELL
Staff Report for the Board of Zoning Appeals
Prepared: November 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:
November 21, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 165 Upper Ridge Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 42-20-6
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 35-foot front yard variance to a required
45-foot front yard setback which will result in a 10-foot front yard setback, to construct an accessory
structure.
REASON FOR VARIANCE: Due to the location of the drainfield and reserve area on the property
which prevents, the building of an accessory structure in a location other than next to the private
easement. The current setbacks for accessory structures off a private easement is 45 feet in the RA
(Rural Areas) Zoning District.
STAFF COMMENTS: This parcel was created in 1991 as part of a minor rural subdivision with
setbacks for accessory structures of sixty (60) feet from right-of-way and fifteen (15) feet from
Variance #04-17 – John Powell
Page 2
November 10, 2017
property lines. The Frederick County Board of Supervisors amended the setbacks for accessory
structures in the RA Zoning District on May 2 7, 2017, making the current setbacks for this property
forty-five (45) feet off a private right-of-way. Should this variance be granted, the building setbacks
for this this proposed accessory structure would be ten (10) feet from the private right-of-way and
fifteen (15) feet sides and rear. The Applicant has submitted with this application letters of support
from adjoining property for this variance.
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 for an accessory structure of the RA (Rural Areas) Zoning District may be justified.