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HomeMy WebLinkAbout04-19 BZA Staff Report VARIANCE APPLICATION #04-19 WILLIAM STEWART 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 2088 Brucetown Road, Clearbrook, Virginia. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 34-A-38 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) 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 16-foot right side yard variance to a required 50-foot right side setback resulting in a 34-foot right side setback to allow for the construction of an addition to an existing dwelling. REASON FOR VARIANCE: The property is 0.78+/- acres in size and cannot meet the current RA (Rural Areas) Zoning District setback requirements due to size of the property. Variance #04-19 – William Stewart Page 2 April 4, 2019 STAFF COMMENTS: This property was created in 1992 and does not have Building Restriction Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas) setbacks. Current setbacks for the property are 60-feet for the front, 50-feet for the sides and 50-feet for the rear. The Applicant is requesting a variance of 16-feet on the right-side yard from the current 50-foot setback resulting in a 34-foot right side yard setback. This variance if granted, would allow the construction of an addition to the existing dwelling built in 1910 that would be 34 feet from the right property line. 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.