HomeMy WebLinkAbout12-18 BZA Staff Report
VARIANCE APPLICATION #12-18
CMH HOMES INC.
Staff Report for the Board of Zoning Appeals
Prepared: December 5, 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:
December 18, 2018
Public Hearing; Action Pending
LOCATION: The property is located at 1128 Cedar Grove Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-121
PROPERTY ZONING & USE: Zoned: RA
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 28.7-foot left side yard variance to a
required 50-foot left side setback resulting in a 21.3-foot left side setback, and a 28.7-foot right side
yard variance to a required 50-foot right side setback resulting in a 21.3-foot right side setback.
REASON FOR VARIANCE: The property cannot meet current setbacks do to size and acreage of
the adjoining properties.
STAFF COMMENTS: This property was created in 1960 as shown on the deed. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned
A2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning
Variance #12-18 – CMH Homes, Inc.
Page 2
December 5, 2018
ordinance were 35-feet for the front and 15-feet for the side yards and 50-feet to the rear. Frederick
County amended its Ordinance in 1989 to change the A2 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 does not have Building Restriction Lines (BRL) assigned to it and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a variance of 28.7-feet on the
right and left side yard from the current 50-foot setback resulting in a 21.3-foot setback on both
sides. This variance, if granted, would allow the construction of a single-family dwelling. It should
be noted that the new dwelling would be in conformance with the current front setback of 60-feet
and rear setback of 50-feet. The Applicant will be removing the existing trailer as noted on plat.
STAFF CONCLUSIONS FOR THE DECEMBER 18, 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.