HomeMy WebLinkAbout05-13 BZA Staff Report
VARIANCE APPLICATION #05-13
CLARK NEFF, JR.
Staff Report for the Board of Zoning Appeals
Prepared: August 28, 2013
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:
September 17, 2013 – Pending
LOCATION: The property is located at 485 Lake Serene Drive in the Lake Serene Subdivision.
Take 522 North, turn right onto Cedar Grove Road (Route 654), left onto Saint Clair Road (Route
677), and left toward Lake Serene Drive.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31B-1-42
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Lake
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 14.9 foot left side yard variance, resulting in a 35.1 foot left side yard
setback for an addition to a single family dwelling.
REASON FOR VARIANCE: Frederick County adopted zoning in 1967. The Frederick County
historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The
property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet
for the side yards. Frederick County amended its Ordinance in 1989 to change the A-1 (Agricultural
Variance #05-13 – Clark Neff, Jr.
Page 2
August 28, 2013
Limited) District to the current RA (Rural Areas) District. The Frederick County Board of
Supervisors amended the setbacks for the RA (Rural Areas) District on February 28, 2007, making
the current setbacks for this property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides.
STAFF COMMENTS: The applicant has applied for a variance to construct an addition to an
existing dwelling. The property cannot meet the current setbacks associated with the RA (Rural
Areas) District. The applicant is requesting a variance of 14.9 feet on the left side property line from
the current 50 foot setback side requirement of the RA (Rural Areas) District. This variance, if
granted, would result in a 35.1 foot left side yard setback.
STAFF CONCLUSIONS FOR THE SEPTEMBER 17, 2013 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 proposed variance does not meet
the intent of the Code of Virginia, Section 15.2-2309 (2) or Section 165-1001.2 (2) of Frederick
County. Therefore, this request for a variance from the current setbacks of the RA (Rural Areas)
District may not be justified.