HomeMy WebLinkAbout05-12 BZA Staff Report
VARIANCE APPLICATION #05-12
WRIGHT RENOVATIONS, INC.
Staff Report for the Board of Zoning Appeals
Prepared: July 30, 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
: East Side of Welltown Road (Route 611) approximately 0.25 miles south of the
intersection with Rest Church Road (Route 669).
MAGISTERIAL DISTRICT
: Stonewall
PROPERTY ID NUMBER
: 33-A-13B
PROPERTY ZONING & USE
Land Use: Residential
: Zoned: RA (Rural Areas)
ADJOINING PROPERTY ZONING & USE
:
North: RA (Rural Areas) Use: Orchard
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 73 foot right side variance, resulting in a 27 foot right side setback, and
a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be
built on an existing foundation (please see attached letter signed by Timothy Painter, P.E.).
REASON FOR VARIANCE:
No primary structure can be constructed due to overlapping 100 foot building restriction lines.
Variance Application #05-12 – Wright Renovations, Inc.
July 30, 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 district to the current RA (Rural
Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to
the rear, and 50 feet to both sides.
Based on the Gainesboro Fire Department records, the previous dwelling was destroyed by fire on
Sunday, January 3, 2010. The Ordinance allows reconstruction of non-conforming use within one
year; but because non-conforming use was not re-established within that year, Section 165-901.02 of
the Zoning Ordinance deems this use discontinued. Therefore, construction of the dwelling has to
meet today’s regulations with regards to minimum setbacks in the RA (Rural Areas) zoning district.
If the dwelling cannot meet today’s setback regulations. the property owner may apply for a variance
to reduce setback regulations.
On July 19, 2012, The Health Department provided documentation that the existing sewage disposal
system appears to be functioning and, after minor repairs (replace conveyance line and distribution
box) at the time of their inspection, they have no objection for a building permit for a three bedroom
dwelling on the property.
The applicant is requesting a 73 foot right side variance, resulting in a 27 foot right side setback, and
a 35 foot left side variance, resulting in a 65 foot left side setback, for a 54’x28’ or 1,512 square foot
single family house with a 34’x24’ attached garage. It is worth noting that the original dwelling did
not have an attached garage as part of the existing foundation and, according to the Commissioner of
Revenue files, the house was 1,463 square feet; a difference of 49 square feet.
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.