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VARIANCE APPLICATION #14-16
THE BROADWAY GROUP, LLC
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 on Senseny Road (Route 657).
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54-A-127C
PROPERTY ZONING & USE: Zoned: B-1 (Neighborhood Business)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: B1 (Neighborhood Business) Use: Commercial
West: RP (Residential Performance) Use: Church
VARIANCE REQUESTED: The Applicant is requesting a 24 foot front yard variance to a required
50 foot front yard setback resulting in a 26 foot front yard setback.
REASON FOR VARIANCE: The future expansion of Senseny Road (Route 657) requires
additional Right-of-Way (R-O-W) to be dedicated along the frontage of this property.
STAFF COMMENTS: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan)
identifies Senseny Road (Route 657) as a future four (4) lane improved major collector highway. In
Variance #14-16 – The Broadway Group, LLC
Page 2
October 11, 2016
order to implement the goals of the Comp Plan, the Frederick County Zoning Ordinance (Ordinance)
requires any new development along roadways to dedicate additional R-O-W needed for future road
expansion.
The Ordinance requires a minimum setback requirement based on the classification of existing
roadways and future roadways. The Ordinance requires a 50 foot front yard setback for the
Applicant’s property. However, the necessary dedication for the future expansion of Senseny Road
(Route 657) is 25 foot. The Applicant cannot place the building out of the R-O-W without being
placed within a shared zoning district buffer. The Ordinance does not allow buildings to be placed
within buffers.
Therefore, the Applicant is requesting a 24 foot front yard variance to a required 50 foot front yard
setback resulting in a 26 foot front yard setback to develop the property for commercial use.
STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: The Code of Virginia
15.2-2309 (2) and Code of Frederick County 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.
The necessary right-of-way dedication for Senseny Road along the frontage of this property would
not allow this property to be developed as the owner desires. This request for a variance from
setbacks of the B1 (Neighborhood Business) Zoning District may be justified.