HomeMy WebLinkAbout07-19 BZA Staff Report
VARIANCE APPLICATION #07-19
SOUTHEASTERN CONTAINER
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 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:
June 18, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 265 Brooke Road (Route 1320) Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-36I
PROPERTY ZONING & USE: Zoned: M1 (Light Industrial District)
Land Use: Manufacturing
ADJOINING PROPERTY ZONING & USE:
North: M1 (Light Industrial) Use: Manufacturing Use
South: M1 (Light Industrial) Use: Vacant
East: M1 (Light Industrial) Use: Manufacturing
West: B2 (General Business) Use: Retail
B3(Business Transition)
VARIANCE REQUESTED: The Applicant is requesting a 7-foot rear yard variance to a required
25-foot rear yard setback resulting in an 18-foot rear yard setback for a rail car unloading facility.
REASON FOR VARIANCE: The property has a 25-foot rear yard setback and can not meet the
setback for the construction of a rail car facility.
Variance #07-19 –Southeastern Container
Page 2
June 7, 2019
STAFF COMMENTS: The property is 23+/- acres in size and currently zoned M1 with a
manufacturing facility located on the property. Building setback lines for the M1 Zoning District
are: 35-feet for the front, 25-feet for the side yards and 25-feet for the rear yard. The Applicant is
seeking 7- foot rear yard variance for the construction of a rail car unloading facility. The variance is
needed due to the limited space of the property as related to the CSX track geometry standards for
unloading of rail cars and still meet the perimeter road required by the County Fire Marshall. This
variance, if granted, would result in a 18-foot rear yard variance. This variance would resolve the
issues associated with the construction of the rail car unloading faculty on this property without
causing any detriment to neighboring properties.
STAFF CONCLUSIONS FOR THE JUNE 18, 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 setbacks of the M1 Zoning District may be justified.