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VARIANCE APPLICATION #05-11
SMITHFIELD PROPERTIES
Staff Report for the Board of Zoning Appeals
Prepared: December 5, 2011
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:
December 20, 2011 - Pending
LOCATION: 417 Frog Hollow Road
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 22-A-20
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
The applicant is requesting an 86.7 foot variance of the 100 foot right side setback resulting in a 13.3
foot setback, a 40 foot variance of the 50 foot left side setback resulting in a ten foot setback, and a
6.5 foot variance of the 50 foot rear setback resulting in a 43.5 setback, to enable construction of a
single family dwelling.
REASON FOR VARIANCE:
With current setbacks, size & topography, location of drainfield and well, there is no buildable area
to construct a dwelling.
Variance Application #05-11 – Smithfield Properties
December 5, 2011
Page 2
STAFF COMMENTS:
The subject parcel was created on January 6, 1966, when the 0.4 acre parcel was transferred from
James Saville (Frederick County Clerk’s office, Book 328, Page 639). Frederick County adopted
zoning in 1967. Therefore, this lot was created prior to the adoption of zoning. 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, 100 feet to the right, and 50 feet to the left.
Based on the limited size, topography, the placement of drainfield and well, and the large setbacks
associated with the RA zoning district, staff believes this renders the property a challenge on which
to place a dwelling. The applicant is requesting an 86.7 foot variance of the 100 foot right side
setback resulting in a 13.3 foot setback, a 40 foot variance of the 50 foot left side setback resulting in
a ten foot setback, and a 6.5 foot variance of the 50 foot rear setback resulting in a 43.5 setback
STAFF CONCLUSIONS FOR THE DECEMBER 20, 2011 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. Staff would recommend approval of this variance application.