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HomeMy WebLinkAbout04-15 BZA Staff Report VARIANCE APPLICATION #04-15 WILLIAM G. MEIER IV Staff Report for the Board of Zoning Appeals Prepared: September 28, 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: October 20, 2015 Public Hearing; Action Pending LOCATION: The property is located in the 1,000 block of Jordon Springs Road, on the south side of the road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-288 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: R4 (Residential Planned) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 35 foot left side yard variance to a required 50 foot left side setback resulting in a 15 foot left side setback, and a 35 foot right side yard variance to a required 50 foot right side setback resulting in a 15 foot right side setback. Variance #04-15 – William G. Meier IV Page 2 September 28, 2015 REASON FOR VARIANCE: The property is 0.7546 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. .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 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 was created in 1966 and the adjoining properties were created prior to 1967. The setbacks for these parcels were associated with the A-2 Zoning District setbacks as noted above. The setbacks of adjoining properties are consistent with current A-2 setbacks, as the dwellings are approximately 15 feet or less from the side property lines. The applicant is requesting a 35-foot variance on the right side and the left side, from the required 50-foot side setback. This variance, if granted, would result in a 15-foot right side and left side yard setback. STAFF CONCLUSIONS FOR THE OCTOBER 20, 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. Variance #04-15 – William G. Meier IV Page 2 September 28, 2015 The applicant is seeking a 35 foot right side and left side yard variance to allow for construction of a single-family dwelling with setbacks of 15 feet for the right and left sides due to exceptional narrowness. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the rear, and 15 feet right and left side. These proposed setbacks 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.