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HomeMy WebLinkAbout02-16 BZA Staff Report VARIANCE APPLICATION #02-16 GEORGE M. MURPHY Staff Report for the Board of Zoning Appeals Prepared: May 2, 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: May 17, 2016 Public Hearing; Action Pending LOCATION: The property is located on Bufflick Road MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64B-A-54B PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Open Space East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side yard setback resulting in a 10 foot left side yard setback, and a 40 foot right side yard variance to a required 50 foot right side yard setback resulting in a 10 foot right side yard. REASON FOR VARIANCE: The property is 0.5165 acres in size, and due to exceptional narrowness of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning District setback requirements. Variance #02-16 – George M. Murphy Page 2 May 2, 2016 STAFF COMMENTS: This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 front 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, 50 feet on the left side, and 50 feet on the right side. This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a 40 foot variance on the left side and the right side, from the required 50 foot side setback resulting in a 10 foot left side and right side yard setback. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, and 10 feet left and right side. STAFF CONCLUSIONS FOR THE MAY 17, 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. These proposed setbacks of 60 feet front, 10 feet left and right side and 50 feet rear would be consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from current setbacks of the RA (Rural Areas) Zoning District may be justified.