HomeMy WebLinkAbout04-13 BZA Staff Report
VARIANCE APPLICATION #04-13
BRUCE JOHNSON & CYNTHIA STEINKAMP
Staff Report for the Board of Zoning Appeals
Prepared: September 3, 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 subject property is located at the end of Cul-de-sac on Isaac Drive, southeast of
Fletcher Drive, south of Northwestern Pike (U.S. Route 50).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 26-2-21
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Lake Isaac
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 15 foot right side yard variance, resulting in a 35 foot right side setback
for 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-2 (Agricultural General) 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-2 (Agricultural
General) District to the current RA (Rural Areas) District. The Frederick County Board of
Variance #04-13 – Bruce Johnson & Cynthia Steinkamp
September 3, 2013
Page 2
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 a single-family
dwelling. The property cannot meet the current setbacks associated with the RA (Rural Areas)
District. The applicant is requesting a variance of 15 feet on the right 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 foot right side yard setback.
STAFF CONCLUSIONS FOR THE SEPTEMBER 17, 2013 MEETING: The property cannot
meet the current setbacks associated with the RA (Rural Areas) District. The applicant is requesting
a variance of 15 feet on the right 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 foot right side
setback. The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the
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. It appears that this variance meets the
intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the
RA (Rural Areas) District may be justified.