HomeMy WebLinkAbout08-15 BZA Staff Report
VARIANCE APPLICATION #08-15
CASEY GREATHOUSE
Staff Report for the Board of Zoning Appeals
Prepared: January 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:
January 19, 2016
Public Hearing; Action Pending
LOCATION: The property is located in the Babbs Creek Estates Subdivision.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 21-9-1-10
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 93.0 foot right side yard variance to a
required 200 foot right side setback resulting in a 107foot right side setback.
REASON FOR VARIANCE: The lot has extreme topography issues and ponds and streams that
do not leave a suitable house location site.
STAFF COMMENTS: Frederick County approved the subdivision known as Babbs Creek Estates
Rural Preservation Subdivision in 2008. The property setbacks for Lot 10 were: front 45 feet, right
side 50 feet, left side and rear 40 feet per the requirements of a rural preservation subdivision. The
rear setbacks of adjoining properties in this subdivision are 100 feet consistent with RA (Rural
Areas) District setbacks, in place at that time. The lot known as Tract 2 was created in 2007 and was
not part of the Babbs Creek Estates Subdivision. This lot had recorded setbacks at 100 feet front,
sides, and rear. The previous owner consolidated Lot 10 with Tract 2 in 2015, resulting in the setback
of: front 45 feet, rear and left side 40 feet, and right side 200 feet.
The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on
April 27, 2011, requiring properties adjoining an Agricultural and Forestal District a setback
minimum of 200 feet. Therefore, the setbacks for this property are: 45 feet front, 40 feet rear, 15 feet
left side, and 200 feet right side. The right side of this lot adjoins an Agricultural and Forestal
District.
STAFF CONCLUSIONS FOR THE JANUARY 19, 2016 MEETING: The Applicant is
requesting a 93 foot variance on the right side, from the required 200 foot setback, resulting in a
100 foot right side yard setback. The Board in consideration of this variance should take into
account that this request for relief from the setback requirements maybe be self-inflicted. The strict
application of the Frederick County Zoning Ordinance did not produce an unreasonable restriction on
the property as required by the Code of Virginia 15.2-2309 (2). The previous owner consolidated the
two (2) lots and the Applicant was under no obligation to purchase the property.
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.