HomeMy WebLinkAbout06-10 BZA Staff Report - OctoberVARIANCE APPLICATION #06-10
CYNTHIA BERGMAN
Staff Report for the Board of Zoning Appeals
Prepared: October 12, 2010
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:
October 19, 2010 - Pending
LOCATION: 251 Lake Serene Drive
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31B-1-21
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
Use: Lake
Use: Vacant
Use: Residential
Use: Vacant
VARIANCE REQUESTED: The applicant is requesting a 35 foot front property line variance,
resulting in a 25 foot front yard setback, for the construction of a detached two -car garage.
REASON FOR VARIANCE: The subdivision was created prior to the current setback requirements
set forth for the RA (Rural Areas).
Variance #06-10, Cynthia Bergman
October 12, 2010
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 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.
A garage, by the Frederick County Zoning Ordinance, is defined as an accessory use and is
subordinate to the principal use (house) of the property. The setbacks for an accessory use (garage)
in the RA zoning district are: Front 60 feet, Rear and Side 15 feet. The applicant is requesting a 35
foot front yard variance, resulting in a front yard setback of 25 feet, for the construction of a detached
two -car garage. The applicant believes that the steep topographic conditions prohibit the building of
this garage to meet the RA setback requirements. The property has not met the threshold
requirement of an undue hardship as to the use of the property. The undue hardship would apply 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 OCTOBER 19 2010 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