HomeMy WebLinkAbout03-11 BZA Staff Report
VARIANCE APPLICATION #03-11
ORANGE PARTNERS
Staff Report for the Board of Zoning Appeals
Prepared: June 6, 2011
Staff Contact: Mark R. Cheran, Zoning Administrator
______________________________________________________________________________
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:
June 21, 2011 - Pending
LOCATION: On the southwestern quadrant interchange for Route 37 and Route 11 in Kernstown
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 75-5-10
PROPERTY ZONING & USE: Zoned: B-2 (Business General)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: B-2 (Business General) Use: Commercial
South: B-2 (Business General) Use: Vacant
East: Interstate 81 Use: Interstate Highway
West: B-2 (Business General) Use: Commercial
VARIANCE REQUESTED: The applicant is requesting a four and one half foot variance of the
ten foot setback for an interstate sign as required by Section 165-704.05 D (1).
REASON FOR VARIANCE: Proposed sign cannot meet setback requirements due to existing utilities
and Interstate 81 right-of-way for future improvements.
Variance Application #03-11 – Orange Partners
June 6, 2011
Page 2
STAFF COMMENTS: Frederick County adopted the Interstate Area Overlay District (IA) in 1995.
The IA District identifies qualifying uses to be allowed on the sign, height of the sign, number of
signs, and sign setbacks within the district. The IA District setbacks are ten feet from property lines.
The applicant is requesting a four and one half foot variance of the required ten foot setback due to
utility easement lines and the future expansion of Interstate 81. This variance, if granted, would
result in a five and one half foot setback from the property line. The surrounding properties are
zoned B-2 (Business General). Staff will note this variance addresses setback requirements only, and
no other aspects of the sign, as related to the IA district. (Please see attached proposed plans from
Lellock Consulting.)
Staff received the attached email from Lloyd Ingram of VDOT on June 8, 2011, stating that VDOT
will defer to Frederick County’s requirements. Furthermore, VDOT provided information
concerning the future I-81 ramps and C-D lanes to the applicant’s engineer, indicating that the sign’s
footer be properly engineered so as to not be impacted by future highway expansion.
STAFF CONCLUSIONS FOR THE JUNE 21, 2011 MEETING: Should this variance be
granted, the setbacks would by five and one half feet from the property line of the future I-81
expansion area. This request from current setbacks of the IA district may be justified to
accommodate the future expansion of Interstate 81 and due to the existing utility easements in the
vicinity which restricts movement of the sign. This variance request appears to meet the intent of
The Code of Virginia 15.2309 (2).