HomeMy WebLinkAbout10-16 BZA Staff Report
VARIANCE APPLICATION #10-16
DAVID AND KATRINA DENTEL
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2016
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:
August 16, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 102 Raven Road, Stephens City, Virginia
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75E-3-2-68
PROPERTY ZONING & USE: Zoned: RP
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15 foot front yard variance to a required
35 foot front yard setback resulting in a 20 foot front yard setback.
REASON FOR VARIANCE: To accommodate an addition to an existing dwelling.
STAFF COMMENTS:
This property is zoned RP (Residential Performance) and has a lot size of 10,885 square feet, with a
single-family dwelling which was built in 1986. The recorded plat for the Greenbriar Village
Subdivision Section II has a 35 foot front setback and no side or rear setbacks. Frederick County
amended its Ordinance in 1989 and changed the R-2 Zoning District to the current RP (Residential
Variance #10-16 – David and Katrina Dentel
Page 2
August 4, 2016
Performance) Zoning District. Frederick County Zoning Ordinance allows for lots in the RP Zoning
District to range in size from 3,000 sq. ft. to 100,000 sq. ft. Section 165-402.09C of the Frederick
County Zoning Ordinance, requires setbacks of this housing type to be: 35 feet front yard, 10 feet
side yards and 25 feet rear yard.
This property is a corner lot with two fronts along Raven Road and Nightingale Avenue. Section
165-201.02D states that a lot with more than one side abutting a street or road, front setback yards
shall be provided wherever the lot abuts a street. To determine the location of side and rear
boundaries, the front shall be deemed to be the shortest side with the frontage on the street or road.
According to the recorded plat for this lot, Raven Road’s frontage is 69.70 feet and Nightingale
Avenue’s is 90.94 feet. Therefore, the yard setbacks for this property are 35 feet from both
Nightingale Avenue and Raven Road, 10 feet from lot 67 and 25 feet from lot 51.
STAFF CONCLUSIONS FOR THE AUGUST 19, 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.
The Applicant is seeking a 15 foot front yard variance. Should this variance be granted the building
setbacks for this property would be 35 feet off of Raven Road, 20 feet off of Nightingale Avenue
and 10 feet from both side and rear yard lines. The proposed variance does meet the requirements of
the Code of Virginia and Fredrick County.