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HomeMy WebLinkAbout02-11 BZA Staff Report - July VARIANCE APPLICATION #02-11 CONNIE CARTER Staff Report for the Board of Zoning Appeals Prepared: July 1, 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: May 17, 2011 – Tabled by BZA until July 19, 2011 July 19, 2011 – Pending SUMMARY FROM MAY 17, 2011 MEETING: The Board heard the public hearing. It was the consensus of the Board to have staff conduct research on this request in order to answer the questions needed to make a decision and to bring this request back to the July 19, 2011 meeting. STAFF COMMENTS: Staff could find no plat on record at the Courthouse. Staff called Ms. Carter and found that the telephone number she listed on the application had been disconnected. Staff then went to Ms. Carter’s residence to talk with her. They were unable to approach the house due to several unleashed dogs blocking any entry to Ms. Carter’s front door. A letter was mailed to Ms. Carter asking that she contact staff and set up a date and time to meet at her residence. To date, Ms. Carter has not contacted staff and staff cannot determine if a survey has been completed. Therefore, no progress has been made in resolving the setback and permit violations. LOCATION: 130 Rhinehart Lane MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28-A-22 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residence ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Field and woods Variance Application #01-11 – Connie Carter July 1, 2011 Page 2 South: RA (Rural Areas) Use: Field with outbuilding East: RA (Rural Areas) Use: Road and woods West: RA (Rural Areas) Use: Woods VARIANCE REQUESTED: The applicant is requesting a 13 foot front property line variance, resulting in a 47 foot front yard setback, for a deck. REASON FOR VARIANCE: Setback and permit violations. STAFF COMMENTS: The applicant applied for a building permit after staff received a complaint that remodeling of the structure was taking place without a building permit. The applicant added a deck, with a front setback of 50 feet, without applying for a building permit. The structure was built prior to Frederick County adopting zoning, and the original deck was a smaller one than what was built by the applicant. Staff visited the site and noted the larger deck was completed without a permit. 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 has not met the threshold requirement of an undue hardship as to the use of the property. The violation to the setback requirements of the RA Zoning District with regards to the deck is self-inflicted, and does not produce an undue hardship. An undue hardship would apply only if a principal use (house) could not be built on this parcel due to the ordinance that is in effect. Therefore, this application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2209(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. STAFF CONCLUSIONS FOR THE JULY 19, 2011 MEETING: In conclusion, this variance request does not meet the intent nor the requirements of The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2(C) of the Zoning Ordinance, as it relates to the threshold of a hardship. Staff would recommend denial of this variance application.