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HomeMy WebLinkAbout01-12 BZA Staff Report VARIANCE APPLICATION #01-12 ELLEN L. SPICER Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 20, 2012 – Pending LOCATION: South side of Bufflick Road, Lot 57, 2,200 feet east of Route 522 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-57 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: B2 (General Business) Use: Commercial East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 10 foot front yard variance, resulting in a 50 foot front yard setback, and a 32 foot variance on both sides, resulting in an 18 foot side yards 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 – Ellen L. Spicer February 28, 2012 Page 2 STAFF COMMENTS: This property was created March 12th, 1955. 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 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 within the SWSA area, and the applicant has opted to tap into the existing water and sewer lines that run along Bufflick Road. It would be up to the applicant to coordinate with the Sanitation Authority for this future hookup. Based on the limited size and the setbacks associated with the RA zoning district, staff believes that this request is consistent with adjoining properties as the dwellings are approximately 50 feet from the road and approximately 17 feet from side property lines. The applicant is requesting a 10 foot front yard variance and a 32 foot variance on both left and right sides. This variance, if granted, would result in a 50 foot front yard setback and an 18 foot side yards setback. STAFF CONCLUSIONS FOR THE MARCH 20, 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 50 feet on the front and 18 feet on both sides. Based on the contingent of surrounding properties and setbacks, and the agreement from the property owner that the property will be on public sewer and water, staff would recommend approval of this variance request for the reduction of the front and side setbacks.