HomeMy WebLinkAbout13-16 BZA Staff Report
VARIANCE APPLICATION #13-16
CLEAR BROOK VOLUNTEER FIRE & RESCUE
Staff Report for the Board of Zoning Appeals
Prepared: October 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:
October 18, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 1256 Brucetown Road, Clear Brook, Virginia
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-149
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Firehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Light Industrial) Use: Warehouse
South: RA (Rural Areas) Use: County Park
East: RA (Rural Areas) Use: County Park
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 79 foot rear yard variance to a required
100 foot rear yard setback resulting in a 21foot rear yard setback.
REASON FOR VARIANCE: To build an addition to the existing firehouse.
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
Variance #13-16 – Clear Brook Volunteer Fire & Rescue
Page 2
October 7, 2016
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 fronts 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, 100 feet to the rear, and 50 feet on the right side and 100 feet on the left
side.
The Applicant is requesting a variance of 79 feet on rear yard from the current 100 foot setback side
requirement of the RA Zoning District, to construct a 60’x 60’ x 60’ addition to the existing
firehouse. This variance, if granted, would result in a 21 foot rear yard variance.
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.
This application is a variance to allow for addition to the existing firehouse. This variance meets the
requirements of the code of Fredrick County. This addition will not impact the general area of the
County and surrounding properties. The surrounding properties are non-conforming in nature.