HomeMy WebLinkAbout07-18 BZA Staff Report
VARIANCE APPLICATION #07-18
ROBIN WALES & KATHY WALES
Staff Report for the Board of Zoning Appeals
Prepared: March 9, 2018
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:
March 20, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 156 McClure Way, Winchester, Virginia.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64D-8-1-28
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 10-foot rear yard variance to a required
25-foot rear yard setback resulting in a 15-foot rear yard setback.
REASON FOR VARIANCE: Lot is exceptionally shallow, and the rear of the dwelling is at the
rear setback.
STAFF COMMENTS: This property is zoned RP (Residential Performance) and is located within
the Red Fox Run subdivision that was approved by Frederick County in 2000. The primary setbacks
for the properties within this subdivision are: 35-feet front, 10-feet sides, and 25-feet rear. The
single-family dwelling located on this property was built in 2001. The Frederick County Board of
Variance #07-18 –Robin Wales & Kathy Wales
Page 2
March 9, 2018
Supervisors amended the setbacks for the RP Zoning District on January 23, 2013, making the
current primary setbacks for properties: 35-feet front, 25-feet rear, and10-feet both sides for a
deck/deck with roof. However, setbacks for RP properties with unroofed decks, stoops, landings and
similar features: 25-feet front, 5-feet sides, and 15-feet.
The Applicant is requesting a 20-foot rear yard variance to the required 25-foot rear yard setback
resulting in a rear setback of 15-feet. The Applicant is going to maintain the current front and side
setbacks as with the current foot print of the structure.
STAFF CONCLUSIONS FOR THE MARCH 20, 2018 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 rear setback of the RP (Residential Performance) Zoning District may be justified.