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VARIANCE APPLICATION #05-10
BETHEL UNITED METHODIST CHURCH
Staff Report for the Board of Zoning Appeals
Prepared: August 2, 2010
Staff Contact: Dana M. Johnston, Zoning Inspector
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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:
August 17, 2010 - Action Pending
LOCATION: The property is located on the southeast corner of the intersection of Muse Road
(Route 610 and Hollow Road (Route 707).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 26-A-56
PROPERTY ZONING & USE: Zoned: RA (Rural Area)
Land Use: Agricultural/Orchard
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Area) Use: Agricultural
South: RA (Rural Area) Use: Orchard
East: RA (Rural Area) Use: Orchard
West: RA (Rural Area) Use: Agricultural
VARIANCE REQUESTED: The applicant is requesting a 141foot right side yard variance,
resulting in a 59 foot right side yard setback, for a church addition.
REASON FOR VARIANCE: No buildable area on the lot to accommodate building addition
based on current 200 foot setback, which is the setback requirement from an orchard.
Variance #05-10, Bethel United Methodist Church
August 2, 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 fronts 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 11, 1991, making the current setbacks for this
property 60 feet to the front, 200 feet to the rear, and 200 feet to the right. The 200 foot setback is
applicable when adjacent use is an orchard.
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 141 foot right side yard variance. This variance, if granted would result
in a 59 foot right side yard setback. The surrounding property is 25 acres, zoned RA (Rural Area),
and is an orchard.
STAFF CONCLUSIONS FOR THE AUGUST 17, 2010 MEETING:
The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2 (C) of the Zoning
Ordinance 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.
This request is to allow for a 20’x18’ addition on the right side of the existing church building for the
construction of a modern restroom facility to be constructed at a setback of 59 feet from the right
side of property line; currently the church is using an outhouse for a restroom facility. Due to an
orchard adjoining the property on the rear and right sides, the required setback is 200 feet. The
variance request appears to meets the intent of The Code of Virginia 15.2309 (2). This request from
current setbacks of the RA (Rural Area) zoning district may be justified in order to enable the
construction of a modern restroom.