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HomeMy WebLinkAbout06-12 BZA Staff Report VARIANCE APPLICATION #06-12 300N, LLC Staff Report for the Board of Zoning Appeals Prepared: June 26, 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: July 17, 2012 – Pending LOCATION : Right side of cul-de-sac at the end of Woodridge Lane (Route 747). MAGISTERIAL DISTRICT : Gainesboro PROPERTY ID NUMBER : 30A-2-25 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: North Frederick Pike (Route 522) VARIANCE REQUESTED: The applicant is requesting a 20 foot right side variance, and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family house. REASON FOR VARIANCE: With current setbacks, extreme topography, and the location of the proposed well and drainfield site, there leaves a very small building area. Variance #06-12 – 300N, LLC June 26, 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. This property was created in 1974 as part of an approved subdivision named Braddock Hills Section II. There are a total of 13 lots that all average 1.74 aces in size. This lot remains the only one in the subdivision that is currently vacant. Dwellings on adjoining lots, and most other dwellings within the subdivision, were constructed prior to current regulations and would be considered non- conforming with regards to side yard and front yard setbacks. The applicant believes, due to this lot being very steep with slopes in excess of 30 percent, the location of the proposed well and drainfield sites, and the RA (Rural Areas) setbacks, that this application is appropriate for a request to get a variance to allow reduction for current setback regulations. The applicant feels that meeting the required 60 foot setback for the front and 60 foot rear setback should not be difficult. However, the required 50 foot setbacks for each side create a triangular building restriction area and could be exigent to construct a dwelling within those building restriction lines. The applicant is seeking a 20 foot variance for both the left and right sides of the property, resulting in 30 foot setbacks on both sides. STAFF CONCLUSIONS FOR THE JULY 17, 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. The applicant is seeking this variance in order to construct a single-family dwelling. Therefore, this application for a variance meets 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. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 30 feet on the right and left sides.