HomeMy WebLinkAbout01-08 BZA Staff Report
VARIANCE APPLICATION #01-08
ALL POINTS WAREHOUSING, LLC
Staff Report for the Board of Zoning Appeals
Prepared: March 10, 2008
Staff Contact: Amber L. Powers, Planning Technician
______________________________________________________________________________
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:
March 18, 2008 - Action Pending
LOCATION: North side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville
Pike (Route 7)
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54-5-5A
PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District
Land Use: Warehouse Buildings
ADJOINING PROPERTY ZONING & USE:
North: B2 / M2 / MH1 Use: American Legion Post 21 / Industrial /
Residential, Mobile Homes
South: M1 / RP Use: Industrial and Vacant / Residential
East: MH1 Use: Residential, Mobile Homes
West: M1 Use: Industrial, Warehousing
VARIANCE REQUESTED: Relief from a 25 foot side yard setback to bring into conformity five
existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting
in 16.1 foot setback; 189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3
foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback.
Variance #01-08 – All Points Warehousing, LLC
March 10, 2008
Page 2
REASON FOR VARIANCE: Without resolution through a variance, the property’s five existing
one-story warehouses, previously approved by the County in 1983, and competed in 1984, would be
in violation of the Frederick County Code.
STAFF COMMENTS: All Points Warehousing began construction of one-story warehouse
buildings following County approval in 1983. After construction had begun, a subdivision was
approved by the Frederick County Subdivision Administrator on September 15, 1983 which
established the side property line that created tax parcels 54-5-5A and 54-5-4A. With County
approval, the last of the one-story warehouses was constructed in 1984.
Recognizing that the development of this property, while not in conformance with the County code
was nevertheless reviewed and approved by the County’s Subdivision Administrator, the applicant is
requesting this side yard variance in order to bring the developed property into full conformance
while maintaining the existing parcel conditions. Specifically, the applicant is seeking variances of
17.1 feet on 185 Cole Lane, 8.9 feet on 187 Cole Lane, 8.7 feet on 189 Cole Lane, 8.7 feet on 191
Cole Lane, and 8.8 feet on 193 Cole Lane in order to bring into conformance these previously
constructed buildings which were approved by the Frederick County Planning Department in 1983.
If granted, this variance would resolve the issues associated with this parcel without causing any
detriment to neighboring properties.
STAFF CONCLUSIONS FOR THE MARCH 18, 2008 MEETING: The Code of Virginia 15.2-
2309 (2), states that no variance shall be granted unless the application can meet the following
requirements:
a. The strict application of the Ordinance will produce an undue hardship.
b. The hardship is not generally shared by the properties in the same zoning district and
vicinity.
c. 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.
Should this variance be granted, the building setbacks for this property would be 7.9 feet on 185
Cole Lane, 16.1 feet on 187 Cole Lane, 16.3 feet on 189 Cole Lane, 16.3 feet on 191 Cole Lane, and
16.2 feet on 193 Cole Lane.
It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This
request from the current setbacks of the M1 zoning district may be justified.