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HomeMy WebLinkAbout07-13 BZA Staff Report - February VARIANCE APPLICATION #07-13 ANTHONY & HEATHER LOCASCIO Staff Report for the Board of Zoning Appeals Prepared: February 6, 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: February 18, 2014 – Pending LOCATION: The property is located at West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 61-3-7 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: (Rural Areas) Use: Residential South: (Rural Areas) Use: Residential East: (Rural Areas) Use: Residential West: (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 57.6 foot front yard variance to a required 60 foot front setback. Should this variance be granted, it will result in a front setback of 2.4 foot along the Furrow Field Court right-of-way. REASON FOR VARIANCE: Setback and permit violations. The Fredrick County Zoning Ordinance requires RA (Rural Areas) zoned properties have a 60 foot front yard setback from any right-of-way, road or ingress/egress easement. The Applicant has constructed an accessory structure that is in violation of the 60 foot setback. Variance #07-13 – Anthony & Heather Locascio Page 2 February 6, 2014 STAFF COMMENTS: The Applicant has applied for a 57.6 foot front yard variance after Staff received a complaint of inoperable vehicles and an illegal business located at 215 Perry Road. During the inspection of the property, Staff noted an accessory structure in violation of the front setback. Staff researched if a building permit was issued for this accessory structure, there was no record of a building permit. The Applicant applied for a farm use exemption structure on February 19, 2013, and was granted an exemption by the Frederick Building Code Official on February 21, 2013. A building permit is therefore not required. The farm use application has a section that addresses minimum setbacks, and to contact the Frederick County Planning Department as to setback requirements. It would appear that the Applicant did not contact the Planning Department. The Applicant must also follow the definitions as required by the Code of Virginia and the 2009 Virginia Construction Code. These definitions are listed on the farm use application. Staff noted during the inspection of the property the accessory structure was not being used as a farm use building. A farm exempt structure is not exempted from the Frederick County Zoning Ordinance with regards to floodplain or setbacks of the RA (Rural Areas) Zoning District. The Applicant’s property has the following setbacks: Front to Perry Road 60’, Right 60’, Left 50’, and Rear 60’. The Applicant’s property is surrounded by a right-of-way on three (3) sides. The center line of Furrow Field Court is the property line as shown on the plat submitted. Therefore, the applicant is in violation of the 60’ front setback on this property. STAFF CONCLUSIONS FOR THE FEBRUARY 18, 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 application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick County Zoning Ordinance. The violation to the setback requirements of the RA Zoning District in regards to this accessory structure is self-inflicted, and does not produce an undue hardship as required by the above referenced Code (s). An undue hardship would apply only if a principal use could not be built on this parcel due to the ordinance that is in effect. An accessory structure has not met the threshold requirement of an undue hardship as to the use of the property. Therefore, this request for a variance of 57.6 feet resulting in a 2.4 foot front setback, from the current of the RA (Rural Areas) District setbacks is not justified. Staff would recommend denial of this variance application.