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HomeMy WebLinkAbout06-16 BZA Staff Report VARIANCE APPLICATION #06-16 DWIGHT E. SHENK (House) Staff Report for the Board of Zoning Appeals Prepared: July 8, 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: July 19, 2016 Public Hearing; Action Pending LOCATION: The property is located in Lake Saint Clair Development Lot 14 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31A-1-14 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Lake East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Open Space VARIANCE REQUESTED: The Applicant is requesting a 20.2 foot left side yard variance to a required 50 foot left side setback resulting in a 29.8 foot left side setback. REASON FOR VARIANCE: The property has an extreme topography issue, as well as a lake with a 100 year flood boundary to the east and south. The drainfield is located on the southern side of the house that prevents the construction of this addition within the current setback requirements for the RA Zoning District. Variance #06-16 – Dwight E. Shenk Page 2 July 8, 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, 50 feet to the rear, and 50 feet to both sides. The Applicant is requesting a variance of 20.2 feet on the left side yard from the current 50 foot setback side requirement of the RA Zoning District, to construct an18’x 60’ addition for a bedroom and bathroom. This property is not located in a flood zone; the property has an elevation and removal from the flood zone by FEMA. This variance, if granted, would result in a 29.8 foot left side yard variance. STAFF CONCLUSIONS FOR THE JULY 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. 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.