Loading...
HomeMy WebLinkAbout07-15 BZA Staff Report VARIANCE APPLICATION #07-15 OAKCREST BUILDERS Staff Report for the Board of Zoning Appeals Prepared: November 30, 2015 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: December 15, 2015 Public Hearing; Action Pending LOCATION: The property is located at the northeastern corner of Harvest Ridge Drive and Mikey Court in the Village at Harvest Ridge subdivision. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 63-9-4-67 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Vacant 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 10 foot front yard variance to the required 20 foot front setback resulting in a 10 foot front setback for a dwelling. REASON FOR VARIANCE: Narrowness of the lot to allow for a single-family dwelling to meet the front setback requirements. STAFF COMMENTS: This application is for a variance based on the narrowness of the platted lot. The lots within this subdivision known as Village at Harvest Ridge are single-family small lots. This lot type has a minimum lot size of 3,750 square feet. The setback requirements for this Variance #07-15 – Oakcrest Builders Page 2 November 30, 2015 lot size are: front 25 foot, sides 5 foot, and rear 15 foot. This lot is a corner lot of 8,069 square feet and has the following setbacks: front 20 foot, sides 5 foot, and rear 15 foot. The Applicant is requesting a 10 foot front yard variance to the required 20 foot setback, resulting in a 10 ft. front setback. The Applicant is requesting the variance based on earlier plat that shows a 10 foot setback along Harvest Drive. STAFF CONCLUSIONS FOR THE DECEMBER 15, 2015 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. This proposed variance does not meet the above-referenced requirements, as the platted lot meets and exceeds the square foot requirement of the single-family small lot. The Applicant knew the limits of the lot and should work within those limitations. Therefore, this variance should not be granted.