HomeMy WebLinkAbout15-16 BZA Staff Report
VARIANCE APPLICATION #15-16
TRACI E. BEATTY
Staff Report for the Board of Zoning Appeals
Prepared: October 11, 2016
Staff Contact: Mark 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:
October 18, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 1490 E. Refuge Church Road, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 93-A-62
PROPERTY ZONING & USE: Zoned: Rural Areas (RA)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: N/A Use: Warren County
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 46 foot left side yard variance to a
required 100 foot left side yard setback resulting in a 54 foot left side yard setback, and a right side yard
variance of 25 foot to a required 100 foot right side yard setback resulting in a 75 foot right side yard
setback.
REASON FOR VARIANCE: The property is 3.7 acres in size, and due to exceptional narrowness
of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning District setback
requirements.
Variance #15-16 – Traci E. Beatty
Page 2
October 11, 2016
STAFF COMMENTS: 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 and 15 feet for the side yards.
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, 50 feet to the rear, 50 feet on the left side, and 50 feet on the right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 46 foot variance on the left
side yard from the required 100 foot left side setback resulting in a 54 foot left side. The Applicant
is also requesting a 25 foot right side yard variance from the required 100 foot right side setback
resulting in a 75 foot right side setback. Should this variance be granted, the building setbacks for
this property would be 60 feet in the front, 100 feet in the rear, and 54 feet left and 75 right side.
STAFF CONCLUSIONS FOR THE OCTOBER 18, 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.
These proposed setbacks of 60 feet front, 54 foot left and 75 right side would 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.