HomeMy WebLinkAbout07-16 BZA Staff Report - August
VARIANCE APPLICATION #07-16
DWIGHT E. SHENK (Garage)
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; (Continued)
Public Meeting
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
VARIANCE REQUESTED: The Applicant is requesting a 22.1 foot front yard variance to a required
60 foot front setback resulting in a 37.9 foot front setback. This variance is for a 24’x 24’ detached
garage.
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 detached garage is needed to relocate the
parking area that the addition will replace.
Variance #07-16 – Dwight E. Shenk
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, 50 feet to the rear, and 50 feet to both sides.
The Applicant is requesting a variance of 22.1 foot front yard setback from the current 60 foot
setback front yard requirement of the RA Zoning District, to construct a 24’x 24’ detached garage.
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 37.9 foot front 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.
The granting of this variance would violate the spirit in which the Ordinance as related to setbacks
for accessory structures within RA Zoning District. Furthermore, this variance is not for a single-
family dwelling. Therefore, Staff would recommend denial of this variance application to the RA
setback requirements. The issuing of this variance would de facto changing the Frederick County
Zoning Ordinance, which outside the purview of this body.
BOARD OF ZONING APPEALS SUMMARY AND ACTION OF THE 07/19/16 MEETING:
A motion was made to continue Variance Request #07-16 to the August 16, 2016 meeting.