HomeMy WebLinkAbout01-14 BZA Staff Report
VARIANCE APPLICATION #01-14
A & R RENTALS
Staff Report for the Board of Zoning Appeals
Prepared: May 6, 2014
Staff Contact: David Burke, Zoning Inspector
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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:
May 20, 2014 – Pending
LOCATION: The property is located at the intersection of Basil and Capon Springs Trails 0.6
miles west of Wardensville Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A-1-32-115
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 25 foot right yard variance from the
required 50 foot side setback. Should this variance be granted, it will result in a 25 foot right side yard
setback to the adjoining lot 114. The Applicant is requesting a 22 foot front yard variance against Capon
Springs Trial from the required 60 foot front setback. Should this variance be granted, it will result in a
front setback of 38 foot along Capon Springs Trail.
REASON FOR VARIANCE: There is no buildable area to build a dwelling with current setbacks
and the size of the property.
Variance #01-14 – A & R Rentals, LLC
Page 2
May 6, 2014
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 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,
50 feet to the rear and 50 feet to sides.
Based on the current RA setbacks and the on the size of this property, the Applicant is requesting a
25 foot right yard variance from the required 50 foot side setback. Should this variance be granted, it
will result in a 25 foot right side yard setback to the adjoining lot 114. The Applicant is requesting a
22 foot front yard variance against Capon Springs Trail from the required 60 foot front setback.
Should this variance be granted, it will result in a front setback of 38 foot along Capon Springs Trail.
(See plat)
STAFF CONCLUSIONS FOR THE MAY 20, 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) 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 construct a single-family dwelling. The applicant is
seeking a variance of 25 foot right yard variance and 22 foot front yard variance against Capon
Springs Trail. Should this variance be granted, the building setbacks for this property would be 60
foot front from Basil Trial, 38 foot from Capon Springs Trail, 25 foot right side and 50 foot rear.
It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this
request for variance (s) from the current setbacks of the RA Zoning District may be justified.