Loading...
HomeMy WebLinkAbout02-14 BZA Staff Report VARIANCE APPLICATION #02-14 DEBRA JOHNSON & RICHARD ORAM Staff Report for the Board of Zoning Appeals Prepared: June 20, 2014 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: July 15, 2014 – Pending LOCATION: The property is located on the western side of Woodcrest Drive, 0.25 miles north of the intersection with Woodside Place, which is located off of Apple Pie Ridge Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-209 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Orchard South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant/Forest VARIANCE REQUESTED: The applicant is requesting a 100-foot right side yard variance to the required 200-foot right side orchard setback. REASON FOR VARIANCE: The property is five acres in size and due to topography, cannot be built on at the current 200-foot setback requirement from an orchard. 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 Variance #02-14 – Debra Johnson & Richard Oram Page 2 June 20, 2014 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 Area) 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 200 feet on the right side. This property and the adjoining properties were created as five-acre lots in 1978 and are known as the Anderson Subdivision. The setbacks for this subdivision were associated with the A-2 Zoning District setbacks as noted above. The setbacks of adjoining properties are consistent with current RA (Rural Area) setbacks, as the dwellings are approximately 50 feet from the side property lines. The applicant is requesting a 100-foot variance on right side, from the required 200-foot setback. This variance, if granted, would result in a 100-foot right side yard setback. STAFF CONCLUSIONS FOR THE JULY 15, 2014 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) 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. This variance request is to allow for construction of a single-family dwelling with a setback of 100 feet due to topography; the required setback is 200 feet to an adjoining orchard on the right side. This proposed setback would be consistent with the character of the district, and meets the intent of The Code of Virginia 15.2309 (2). This request from current setbacks of the RA (Rural Area) Zoning District may be justified. .