HomeMy WebLinkAbout01-19 BZA Staff Report
VARIANCE APPLICATION #01-19
DIANE HYMAN AND DAVID HYMAN
Staff Report for the Board of Zoning Appeals
Prepared: April 4, 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:
April 16, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 484 Germany Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-A-48A
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Orchard
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Orchard
West: RA (Rural Areas) Use: Orchard
VARIANCE REQUESTED: The Applicant is requesting a 15.2-foot left side yard variance to a
required 50-foot left side setback resulting in a 34.8-foot left side setback to allow for the
construction of an enclosed deck.
REASON FOR VARIANCE: The property cannot meet current setbacks due to size and acreage of
the adjoining properties.
STAFF COMMENTS: The property was created in 1998; the setbacks in the RA (Rural Areas)
District are 60-feet for the front, 50-feet for the left side yard, 100-feet for the right side yard and
100-feet for the rear yard.
Variance #01-19 – Diane Hyman and David Hyman
Page 2
April 4, 2019
The Applicant is requesting a variance of 15.2-feet on the left side yard from the current 50-foot
setback resulting in a 34.8-foot setback. This variance, if granted, would allow the construction of an
enclosed deck that is 34.8 feet from the left side yard.
STAFF CONCLUSIONS FOR THE APRIL 16, 2019 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.