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HomeMy WebLinkAbout01-15 BZA Staff Report - March VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: March 4, 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: March 17, 2015 – Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 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: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. . REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not livable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 – Kenneth Wright Page 2 March 4, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property 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 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the right and 50 feet to the rear and left side. Based on the limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE MARCH 17, 2015 MEETING: The Code of Virginia 15.2- 2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. No quorum for Public Hearing meeting on February 17, 2015.