HomeMy WebLinkAbout03-12 BZA Staff Report
VARIANCE APPLICATION #03-12
STEVEN AND KATRINA HAWES
Staff Report for the Board of Zoning Appeals
Prepared: June 25, 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
: Lake St. Clair Subdivision, Lake St. Clair Drive, Lot 16
MAGISTERIAL DISTRICT
: Gainesboro
PROPERTY ID NUMBER
: 31A-1-16
PROPERTY ZONING & USE
Land Use: Residential
: Zoned: RA (Rural Areas)
ADJOINING PROPERTY ZONING & USE
:
North: Rural Areas (RA) Use: Residential
South: Rural Areas (RA) Use: Residential
East: Rural Areas (RA) Use: Lake
West: Rural Areas (RA) Use: Vacant
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 dwelling.
REASON FOR VARIANCE:
This property has a width of 130 feet and a depth of approximately 300 feet; therefore, current
setback requirements for the RA zoning district eliminate buildable area on the property.
Variance Application #03-12 – Steven and Katrina Hawes
June 25, 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 fronts and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 to change the A-2 zoning district to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning 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.
This property is one acre in size with a width of 130 feet and a depth of 300 feet, the eastern part of
the property adjoins Lake Saint Clair and, therefore, part of the property is within the flood plain
according to the FEMA maps. Based upon the Engineering Assessment Report for Lake Saint Clair
Dam dated October 12, 2009, the 100 year base flood elevation is 734.8; the proposed dwelling
basement will be constructed at an elevation of 765.0, making the dwelling 31 feet above the flood
elevation.
The property cannot meet the current setbacks associated with the RA zoning district. The applicant
is requesting a variance of 20 feet on the southern and northern property lines from the current 50
foot setback side requirement of the RA zoning district. This variance, if granted, would result in a
30 foot right and left 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.
STAFF CONCLUSIONS FOR THE JULY 17, 2012 MEETING:
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 of the property.