HomeMy WebLinkAbout08-12 BZA Staff Report
VARIANCE APPLICATION #08-12
JASON AND LISA BLY
Staff Report for the Board of Zoning Appeals
Prepared: September 6, 2012
Staff Contact: Dana M. Johnston, Zoning Inspector
______________________________________________________________________________
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 18, 2012 – Pending
LOCATION
: 1425 Cedar Grove Road (Route 654)
MAGISTERIAL DISTRICT
: Gainesboro
PROPERTY ID NUMBER
: 31-A-7G
PROPERTY ZONING & USE
Land Use: Residential
: Zoned: RA
ADJOINING PROPERTY ZONING & USE
:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 20 foot left side variance for an existing dwelling and deck, resulting in
a 30 foot setback.
REASON FOR VARIANCE:
The dwelling was constructed in 2004 by the previous owners. The existing dwelling encroached on
the left building restriction line, but this was discovered after the applicant sold property. The
present owners’ title company is taking exception to the existing encroachment.
Variance #08-12 – Jason and Lisa Bly
September 12, 2012
Page 2
STAFF COMMENTS:
The applicant is requesting a left side variance of 20 feet which will result
in a 30 foot left side setback for an existing dwelling. This property is located within the RA (Rural
Areas) Zoning District and is part of the rural preservation subdivision known as Hicks Meadows.
The approved plat annotates the setback as 60 feet from the front, 15 feet on the right, 100 feet from
the rear, and 50 feet on the left side. Typically, setbacks for a rural preservation lot would be 60 feet
from the right-of-way of a state maintained road, 15 feet for the sides, and 40 feet for the rear.
However, the reasoning behind the 50 foot setback on the left side is that the ordinance states that
side and rear setbacks from rural preservation lot lines which adjoin parcels other than another rural
preservation lot shall be determined by adjoining parcel size. In this case, the adjoining lot identified
as tax map 31-A-7C is not a rural preservation lot, therefore creating a 50 foot setback on the left
side.
It appears the property was acquired in good faith by the current owner and with no previous
knowledge of the setback violation. This request from the current setbacks of the RA zoning district
may be justified. The applicant is seeking this variance in order to correct the original encroachment
and to satisfy their title company. Therefore, this application for a variance must meet the
requirements as set forth by The Code of Virginia 1950
as amended 15.2-2309(2), and Section 165-
1001.02 (C) of the Frederick County Zoning Ordinance. This variance, if granted, would result in a
30 foot left side yard setback.
STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2012 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.