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HomeMy WebLinkAbout04-16 BZA Staff Report VARIANCE APPLICATION #04-16 JORDAN AND JOAN CASTEEL Staff Report for the Board of Zoning Appeals Prepared: June 10, 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: June 21, 2016 Public Hearing; Action Pending LOCATION: The property is located at 105 Chardonnay Drive, Stephens City MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-4-193 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: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 1 foot rear yard variance to a required 25 foot rear yard setback resulting in a 24 foot rear yard setback. REASON FOR VARIANCE: To allow for a sunroom addition to an existing deck. Variance #04-16 – Jordan & Joan Casteel Page 2 June 10, 2016 STAFF COMMENTS: This application is a variance to allow for a one (1) foot encroachment into the rear setback. The property is zoned RP (Residential Performance) and has a square footage of 12,000 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. A building permit (# 1969-2014) was issued for a dwelling that was built in 2015 with setbacks of: Front-35’ Sides-10’ Rear-25’. The Applicant currently has an existing deck on the rear of the dwelling. Frederick County amended its zoning ordinance in 2012 to allow property owners to build unroofed decks at rear setback of 15 feet. This allowed for a 10 foot difference from the original rear setback of 25 feet for unroofed decks, stoops landings, and similar features to be built without having to apply for a variance. Prior to Frederick County amending the zoning ordinance an addition of a deck would not allow a variance would not be granted as the deck did not meet the ordinance. This ordinance change lessened the applications for variances for decks. The addition of a sunroom of this property does not meet the requirements for a variance, as the ordinance was amended to allow for relief unroofed decks. The applicant should have had the contractor check the Frederick County Zoning Ordinance prior to designing for this sun room. The Applicant can make the current deck smaller or design the sunroom to fit the setbacks. As noted the Applicant understands the deck currently meets setbacks, and payment of a contract does not constitute a variance. 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. Variance #04-16 – Jordan & Joan Casteel Page 3 June 10, 2016 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 granting of this variance would violate the spirit in which the Ordinance was amended to allow for decks in the RP Zoning District. The Applicant should design the sunroom to fit the setbacks as noted within the Ordinance. Furthermore, the dwelling was constructed in 2015 with a rear setback of 25 feet; three years after the Ordinance was amended. Therefore, Staff would recommend denial of this variance application to the RP setback requirements. The issuing of this variance would de facto changing the Frederick County Zoning Ordinance, which outside the purview of this body.