HomeMy WebLinkAbout11-18 BZA Staff Report
VARIANCE APPLICATION #11-18
STEPHEN B. SURBER, II
Staff Report for the Board of Zoning Appeals
Prepared: July 6, 2018
Staff Contact: Mark Cheran, Zoning Administrator
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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:
July 17, 2018
Public Hearing; Action Pending
LOCATION: The property is located at Lake Saint Clair Lot 10.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31A-1-10
PROPERTY ZONING & USE: Zoned: RA
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Lake
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 25-foot left side yard variance to a
required 50-foot left side yard setback which will result in a 25-foot left side yard setback, and a 20-
foot right side yard variance to a required 50-foot right side yard setback which will result in a 30-
foot right side yard setback, and a 15-foot rear yard variance to a required 50-foot rear yard setback
which will result in a 35-foot rear yard for a single family dwelling.
REASON FOR VARIANCE: The property cannot meet current setbacks due to size and acreage of
the adjoining properties.
Variance #11-18 –Stephen B. Surber, II
Page 2
July 6, 2018
STAFF COMMENTS: This parcel was created in 1959, 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.
STAFF CONCLUSIONS FOR THE JULY 17, 2018 MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall
be granted unless the application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
This proposed variance appears to be consistent with the character of the District; and meets the
intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from
current setbacks of the RA (Rural Areas) Zoning District may be justified.