HomeMy WebLinkAbout03-14 BZA Staff Report
VARIANCE APPLICATION #03-14
WRIGHT RENOVATIONS INC.
Staff Report for the Board of Zoning Appeals
Prepared: July 8, 2014
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:
July 15, 2014 – Pending
LOCATION: The property is located on the southeastern side of the intersection of Dowell J.
Circle and Anderson Avenue.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54F-A-22
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
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 11.5’ Dowell J. Circle front yard variance
for the 132 Dowell J. Circle dwelling lot, 12.6’ Anderson Avenue front yard variance for the 132
Dowell J. Circle dwelling lot, 7.9’ Anderson Avenue front yard variance for the 103 Anderson Avenue
dwelling lot, and a 28’ variance for required 50’ private right-of-way width on Anderson Avenue for
103 Anderson Avenue dwelling lot.
REASON FOR VARIANCE: The existing parcel has two (2) dwellings located thereon. The
variance (s) are requested for the existing dwellings in anticipation of a subdivision into two (2)
parcels.
Variance #03-14 – Wright Renovation
Page 2
July 8, 2014
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned R-3 (Residential General) in 1967. The property setback
lines at the adoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards, and
25 rear. Minimum lot size for the R-3 District was 12,000 sq. ft. Frederick County amended its
Ordinance in 1989 to change the R-3 Zoning District to the current RP (Residential Performance)
Zoning District. Lot sizes within the RP Zoning District range from 1,000 sq. ft. to 3,000 sq. ft. The
current setbacks for this property are 35 feet to the front, 10 feet side yards, and 25 feet rear.
The property currently has two (2) dwellings (132 Dowell J. Circle and 103 Anderson Avenue) that
were built in the 1970s; and do not meet the zoning setback requirements. The applicant desires to
subdivide this 9,063.3 +/- sq. ft. parcel into two (2) parcels of 4,745.4 +/- sq. ft. and 4,308.9 sq. ft.
respectfully. These parcels will be single-family small lots of the RP Zoning District. However, for
this subdivision to occur the applicant needs a variance from the single-family small lot setbacks of:
25 feet front, 5 feet side yard, and 15 feet rear.
The applicant is requesting at 132 Dowell J. Circle dwelling an 11.5 foot front yard setback resulting
in 13.5 setback. This dwelling fronts along Anderson Avenue and a request of a 12.6 foot front yard
setback from Anderson Avenue resulting in a 12.4 setback. (Exhibit 1)
The applicant is requesting at 103 Anderson Avenue dwelling a setback 7.6 foot front yard from
Anderson Avenue resulting in 17.1 setback. This property will need a variance from the required 50
foot right-of-way to allow this subdivision, as Anderson Avenue is 22 feet wide. (Exhibit 1) This
dwelling has an encroachment of a screened porch on an adjoining property; this encroachment will
be adjusted with the adjoining property prior to the subdivision of this property. (Exhibit 2)
STAFF CONCLUSIONS FOR THE JULY 15, 2014 MEETING: The Code of Virginia 1950 as
amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick County Zoning Ordinance states
that no variance shall be granted unless the application can meet the following requirements: The
strict application of the ordinance will produce an undue hardship, the hardship is not generally
shared by the properties in the same zoning district and vicinity, that the authorization of such
variance will not be a substantial detriment to adjacent property, and the character of the district will
not be changed by the variance. This request for a variance from the current setbacks of the RP
(Residential Performance) District specifically, the setbacks of the single-family small lot type may
be justified. The proposed lot sizes will be consistent with properties in the vicinity, and not a
detriment to the same.