HomeMy WebLinkAbout05-19 BZA Staff Report
VARIANCE APPLICATION #05-19
WILLAMAG, LLC
Staff Report for the Board of Zoning Appeals
Prepared: May 9, 2019
Staff Contact: Mark R. 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:
May 21, 2019
Public Hearing; Action Pending
LOCATION: The property is located on Collinsville Road (Route 693).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 12-A-15
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Agricultural
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 29.3-foot rear yard variance to a required
100-foot rear yard setback resulting in a 70.7-foot rear yard setback for a dwelling, a 42.7-foot rear yard
variance to a required 100-foot rear yard setback resulting in a 57.8-foot rear yard setback for a deck,
and a 7.4-foot right yard variance to a required 50-foot right yard setback resulting in a 42.6-foot right
yard setback for a dwelling.
REASON FOR VARIANCE: The property is 1.0057 +/- acres in size and cannot meet the current
RA (Rural Areas) setback requirements due to the size of the property.
Variance #05-19 –Willamag, LLC
Page 2
May 9, 2019
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
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 29.3-feet rear yard variance to a required 100-foot rear setback
resulting in a 70.7-foot rear yard setback for a dwelling, a 42.7-foot rear yard variance to a required
current 100-foot rear yard setback resulting in a 57.8-foot rear yard setback for a deck, and a 7.4-foot
right yard variance to a required 50-foot right yard setback resulting in a 42.6 right yard setback for a
dwelling.
STAFF CONCLUSIONS FOR THE MAY 21, 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 rear and right-side yard setbacks of the RA (Rural Areas) Zoning District may be justified.