HomeMy WebLinkAbout04-10 BZA Staff Report
VARIANCE APPLICATION #04-10
JOHN McALLISTER
Staff Report for the Board of Zoning Appeals
Prepared: March 31, 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:
April 20, 2010 - Action Pending
LOCATION: 573 Lake Saint Clair Drive
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31A-1-1
PROPERTY ZONING & USE: Zoned: RA (Rural Area)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Area) Use: Residential
South: RA (Rural Area) Use: Residential
East: RA (Rural Area) Use: Residential
West: RA (Rural Area) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 26 foot southern property line variance,
resulting in a 24 foot side yard setback, for the construction of a deck, screen porch, and master
bedroom.
REASON FOR VARIANCE: This property has a width of 221 feet and a depth of approximately
335 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area
on the property.
Variance #04-10, John McAllister
March 31, 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 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 is one acre in size with a width of 221 feet and a depth of 335 feet, and cannot meet the
current setbacks associated with the RA zoning district. The applicant is requesting a variance of 31
feet on the southern property line from the current fifty (50) foot setback side requirement of the RA
zoning district, to construct a 12’x 54’ deck 13’x15’ screened porch, and a 13’x28’ master bedroom.
This variance, if granted, would result in a 24 foot side yard variance. 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: The strict application of
the Ordinance will produce an undue hardship, the hardship is not generally shared by the properties
in the same zoning district and vicinity, that the authorization of such variance will not be substantial
detriment to adjacent property, and the character of the district will not be changed by the variance.
STAFF CONCLUSIONS FOR THE APRIL 20, 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.