HomeMy WebLinkAbout16-16 BZA Staff Report
VARIANCE APPLICATION #16-16
CHARLES NEWTON, III AND CAROLYN NEWTON
Staff Report for the Board of Zoning Appeals
Prepared: November 7, 2016
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:
November 15, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Virginia Drive, Lot 35, Block A, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86B-4-A-35
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 17.5 foot left side yard variance to a
required 50 foot left side yard setback resulting in a 32.5 foot left side yard setback, and a right side yard
variance of 17.5 foot to a required 50 foot right side yard setback resulting in a 32.5 foot right side yard
setback.
REASON FOR VARIANCE: Due to the narrowness of the lot a dwelling with septic system will
not be able to be added to this lot.
STAFF COMMENTS: This 0.717 acre property was created in 1962 as part of the Lone Oak
Subdivision, as noted by the deed and plats included in your agenda. Frederick County adopted
Variance #16-16 – Charles Newton III and Carolyn Newton
Page 2
November 7, 2016
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 foot front and 15 foot sides. Frederick County amended its Code in 1989 to change the rural
zoning districts 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, 50 feet on the left and right side yard, and 100
feet to the rear.
The Applicant is seeking a variance of 17.5 foot left side-yard variance and 17.5 foot right side-yard
variance, from the current 50 foot setback side requirement of the RA Zoning District; to construct a
dwelling. Should this variance be granted, the building setbacks for this property would be: 60 foot
front, 32.5 foot left side-yard and right side-yard, and 100 foot rear.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 2016 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.
It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This
request from the current setbacks of the RA Zoning District may be justified.