HomeMy WebLinkAbout02-12 BZA Staff Report
VARIANCE APPLICATION #02-12
J. H. YOST
Staff Report for the Board of Zoning Appeals
Prepared: March 28, 2012
Staff Contact: Dana M. Johnston, Zoning Inspector
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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:
April 17, 2012 – Pending
LOCATION: Enon Springs (Shawneeland II) on Wardensville Grade (Route 608) near the
intersection of Route 608 and Route 55
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A-130-33
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED:
The applicant is requesting a 28 foot right side variance, resulting in a 22 foot right side setback, for
a single family dwelling.
REASON FOR VARIANCE:
With current setbacks, and how narrow the property is, there is no buildable area to construct a
dwelling.
Variance Application #02-12 – J. H. Yost
March 28, 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, 50 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 28 foot right side yard variance. This variance, if granted, would result
in a 22 foot right side yard setback. The size of the lots in Enon Springs Subdivision is very similar
to Shawneeland Subdivision. The majority of the properties located in the Shawneeland Subdivision
are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet from
R.O.W., 25 feet in the rear and 10 feet on the sides. This request from the current RA zoning district
setbacks would result in setbacks similar to, but still larger than, the rest of Shawneeland
Subdivision.
STAFF CONCLUSIONS FOR THE APRIL 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 22 feet on the right side. Staff would recommend approval of this variance
request for reduction of the right side setback.