HomeMy WebLinkAbout03-13 BZA Staff Report - OctoberAPPEAL APPLICATION #03-13
MARY ALBAUGH GOOD, APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: October 9, 2013
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:
July 16, 2013-Tabled by BZA
October 15, 2013
SUMMARY FROM JULY 16, 2013 MEETING: The Board heard the public hearing. The
applicant requested the Board table this application, to complete the FEMA paperwork It
was the consensus of the Board to have the application tabled for 60 days to allow the
applicant time to receive the paperwork back from FEMA.
LOCATION: The subject property is located at 120 Brush Creek Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 13-A-25A
PROPERTY ZONING & USE: Zoning: RA (Rural Area) District
Land Use: Residential/Country Store
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Vacant/Residential
South: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: Residential
Appeal Application #03-13 – Mary Albaugh Good
October 9, 2013
Page 2
APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance in determining compliance within the Floodplain (FP) District.
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
building of structures under Section 165-702.10(A) (1) of the Frederick County Zoning Ordinance.
STAFF COMMENTS: The applicant was cited for violation of the Frederick County Zoning
Ordinance Section 165-702.10 (A) (1) for constructing a structure within a Floodplain District. The
Applicant has not provided elevation certification documentation that the structure is not located
within the Floodplain District. This documentation is required prior to any construction of a structure
within a Floodplain District. Staff has not received any documentation regarding this structure as of
the date of the Notice of Violation, May 17, 2013.
The basis for the Frederick County Floodplain Districts is delineated by the Flood Insurance Rate
Map (FIRM), prepared by the Federal Emergency Management Agency (FEMA); Federal Insurance
Administration dated September 2, 2009. The Frederick County Geographic Information Systems
(GIS) Division overlays the FEMA map to identify the Floodplain District (s) within Frederick
County. The Applicant’s property is located within an identified Floodplain noted by the Frederick
County GIS map as Flood Zone A.
This structure is a farm structure and is exempt from Part1of Virginia Uniform Statewide Building
Code (Building Code). However, the Building Code subsection 6 states: Farm building and
structures lying within a floodplain or in a mudslide-prone area shall be subject to flood-proofing
regulations, as applicable. Therefore, the Applicant’s property is subject to the Frederick County
Zoning Ordinance Part 702 Floodplain Districts.
STAFF CONCLUSIONS FOR THE JULY 16, 2013 MEETING: Staff is requesting to affirm the
decision of the Zoning Administrator in the administration of the Frederick County Zoning
Ordinance, Section 165-702.10(A) (1) regarding constructing a structure within an indentified Flood
plain without proper documentation. The Board of Zoning Appeals (BZA) voted to table this action
for 60 days to allow the applicant time to complete the FEMA paper work.
STAFF CONCLUSION FOR THE OCTOBER 15, 2013 MEETING: The applicant submitted a
letter dated September 13, 2013, from a licensed surveyor in regards to the structure built within the
Floodplain. This letter was reviewed by staff including the County Engineer with the Applicant on
October 8, 2013, and does not meet the requirements of the Fredrick County Zoning Ordinance,
Section 165-702.10(A)(1). Therefore, Staff is requesting to affirm the decision of the Zoning
Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-
702.10(A)(1) regarding constructing a structure within an indentified Floodplain without proper
documentation.