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HomeMy WebLinkAbout03-19 BZA Staff Report VARIANCE APPLICATION #03-19 ARMIN WESSEL AND RENEE WESSEL Staff Report for the Board of Zoning Appeals Prepared: April 4, 2018 Staff Contact: Mark Cheran, Zoning Administrator ______________________________________________________________________________ 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 562 Lake Serene Drive, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31B-1-8 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Lake East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 22-foot left side yard variance to a required 50-foot left side setback resulting in a 28-foot left side setback to allow for the addition of an attached garage. REASON FOR VARIANCE: The property is .66 +/- acres in size and cannot meet the current RA (Rural Areas) setback requirements due to the size of the property. 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 front, 15-feet for the side Variance #03-19 – Armin Wessel and Renee Wessel Page 2 April 4, 2019 yards and 50-feet for the rear yard. 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. The Applicant is requesting a variance of 22.0-feet on the left side yard from the current 50-foot setback side requirement of the RA Zoning District, to allow for the construction of an attached garage. This property is not located in a flood zone. This variance, if granted, would result in a 28- foot left side yard variance. 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. .