HomeMy WebLinkAbout07-12 BZA Staff Report
VARIANCE APPLICATION #07-12
J. H. YOST, III
Staff Report for the Board of Zoning Appeals
Prepared: August 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:
August 21, 2012 – Pending
LOCATION
: Enon Springs Subdivision (Route 608) on Aster Trail, Lot 13.
MAGISTERIAL DISTRICT
: Back Creek
PROPERTY ID NUMBER
: 69A-1-30-13
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 26 foot right side variance, and a 26 foot left side variance, resulting in
a 24 foot setback on both sides, for a single family house.
REASON FOR VARIANCE:
With current setbacks, and how narrow the property is, there is no buildable area to construct a
dwelling.
Variance #07-12 – J. H. Yost, III
August 6, 2012
Page 2
STAFF COMMENTS:
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 front and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 and 2009 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, 60 feet to
the rear, 50 feet to the right, and 50 feet to the left.
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 26 foot right side yard and a 26 foot left side yard variance. The
applicant feels it is appropriate to meet the front and rear setbacks, which are 60 feet for the front and
50 feet in the rear. Based on the plat provided by Michael Artz, the dwelling is 52’x30’ in size and
will be constructed over the rear building restriction line. Upon issuance of the building permit, staff
will require setback surveys for insurance that the dwelling will not be constructed any closer to
approved setbacks and will not be built over the building restriction line in the rear.
The applicant is seeking this variance in order to construct a single-family dwelling. 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 24 foot right and left side yard setback.
STAFF CONCLUSIONS FOR THE AUGUST 21, 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.