HomeMy WebLinkAbout06-15 BZA Staff Report
VARIANCE APPLICATION #06-15
KENNETH AND DOROTHY HARPER
Staff Report for the Board of Zoning Appeals
Prepared: November 10, 2015
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:
November 17, 2015
Public Hearing; Action Pending
LOCATION: The property is located at 157 Harvest Ridge Drive
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 63-9-2-13
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Open Space
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 9.7 foot rear yard variance to the required
15 foot rear setback resulting in a 5.3 foot rear setback for an addition.
REASON FOR VARIANCE: The existing dwelling had an addition built without a building
permit over the rear setback.
Variance #06-15 – Kenneth and Dorothy Harper
Page 2
November 10, 2015
STAFF COMMENTS: The original dwelling was completed in 2007, with an approved
building permit and in compliance with the rear setback. The prior owner built the addition to the
dwelling without an approved building permit. This illegal addition does not comply with the
rear setback of the single-family small lot of 15 feet. This addition was discovered by the
applicant via a building location survey done by the title company. Therefore, the applicant is
requesting this variance for clear title to this property. It should be noted that this property backs
to open space so impact is nominal.
STAFF CONCLUSIONS FOR THE NOVEMBER 17, 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.
If the prior owner had applied for a building permit a survey would have been required or if the
addition could not meet the setback, the permit would have been denied. This request for a 9.7 foot
variance maybe justified from the rear setback requirements, as the applicant did not produce the
violation of the rear setback.