HomeMy WebLinkAbout05-17 BZA Staff Report
VARIANCE APPLICATION #05-17
MARIA DELBOSARIO HERNANDEZ BAUTISTA
Staff Report for the Board of Zoning Appeals
Prepared: December 8, 2017
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:
December 19, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 1549 Front Royal Pike, Winchester, Virginia.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-10
PROPERTY ZONING & USE: Zoned: RA
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential/Farm
East: RA (Rural Areas) Use: Residential/Farm
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 25-foot left side yard variance to a
required 50-foot left side setback resulting in a 25-foot left side setback, and a 75-foot right side yard
variance to a required 100-foot right side setback resulting in a 25-foot right side setback.
REASON FOR VARIANCE: The property was created in 1940 with no assigned Building
Restriction Lines (BRL). The property is narrow in width and cannot meet the current Building
Restriction Lines (BRL) of the RA (Rural Areas) Zoning District.
Variance #05-17 – Maria Delbosario Hernandez Bautista
Page 2
December 8, 2017
STAFF COMMENTS: This property was created 1940 with no assigned Building Restriction
Lines (BRL). Frederick County adopted zoning in 1967. The Frederick County historical zoning
map shows this property was zoned A-2 (Agricultural General) 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 35-feet
for the rear. Frederick County amended its ordinance in 1989 to change the A-2 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, 50-feet left side, and 100-feet on the right side.
The Applicant is requesting a 25-foot variance on the left side setback from the required 50-foot left
side yard setback resulting in a 25-foot left side yard setback, and a 75-foot variance on right side
setback from the required 100-foot right side yard setback resulting in a 25-foot right side setback.
This property can meet the current RA front Building Restriction Line (BRL) of 60 feet and the
current rear setback of 100-feet. Should this variance be granted, the building setbacks for this
property would be 60-feet in the front, 100-feet in the rear, and 25-feet left side and 25-feet right
side.
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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.