HomeMy WebLinkAbout05-16 BZA Staff Report
VARIANCE APPLICATION #05-16
LAWRENCE AND PLEASANT RICH
Staff Report for the Board of Zoning Appeals
Prepared: June 10, 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:
June 21, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 114 Paris Court, Stephens City, Virginia
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75P-11-32
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Open Space
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 3.0 foot rear yard variance to a required
15 foot rear yard setback for a deck resulting in a 12 foot rear yard setback.
REASON FOR VARIANCE: Built deck over the rear setback line
Variance #05-16 – Lawrence & Pleasant Rich
Page 2
June 10, 2016
STAFF COMMENTS: This application is a variance to allow for a three (3) foot encroachment
into the rear setback for a deck. The property is zoned RP (Residential Performance) and has a
square footage of 12,468 sq. ft., with a single-family dwelling built on the property. The Frederick
County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq.
ft. to 3,000 sq. ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to
be: 35 feet front, 10 feet sides, and 25 feet rear.
The setbacks for unroofed decks in the RP Zoning District are 15 feet. The Applicant applied for a
building permit (#638-2016) with rear setbacks of 15 ft. Section 165-23 H of the Frederick County
Zoning Ordinance requires survey standards to establish the location of primary structures located
five (5) feet or less from the minimum setback requirement of the zoning district in which the
property is located. This building permit was required to provide setback surveys. The Applicant
caught the setback violation during construction layout prior to the setback survey.
STAFF CONCLUSIONS FOR THE JUNE 21, 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.
Careful consideration should be used in regards to this variance. This violation to the setback
requirements of the RP Zoning District for an unroofed deck is self-inflicted, and should not be
granted.