HomeMy WebLinkAbout09-16 BZA Staff Report
VARIANCE APPLICATION #09-16
J.H. Yost III
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 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:
August 16, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Rocky Ford Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 45-A-47
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: MH-1 (Mobile Home Community) Use: Mobile Home Park
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15 foot left side yard variance to a
required 100 foot left side yard setback resulting in an 85 foot left side yard setback, and a 15 foot right
side yard variance to a 50 foot right side yard setback resulting in a 35 foot right side yard setback.
REASON FOR VARIANCE: The property is 0.6403+/- acres in size,
Variance #09-16 – J. H. Yost III
Page 2
August 4, 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 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, 50 feet to the right side, and 100 feet left side.
The Applicant is requesting a variance of 15 feet on the left side yard from the current 100 foot
setback resulting in an 85 foot left side yard setback, and a 15 foot right side yard variance from the
current 50 foot right side setback resulting in a 35 foot right side setback. This variance, if granted,
would result in an 85 foot left side yard variance, and 35 foot right side yard variance.
STAFF CONCLUSIONS FOR THE AUGUST 16, 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 proposed variance does meet the requirements of the Code of Virginia and Frederick
County. The properties within this subdivision have been granted variances due to the lot size
and the inability to meet the RA setbacks of the Frederick County Zoning Ordinance.