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HomeMy WebLinkAbout08-19 BZA Staff Report VARIANCE APPLICATION #08-19 CMH HOMES INC. Staff Report for the Board of Zoning Appeals Prepared: September 5, 2019 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 ZONIN G APPEALS HEARING DATE: September 17, 2019 Public Hearing; Action Pending LOCATION: The property is located at 1128 Cedar Grove Road, Winchester , Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31-A-121 PROPERTY ZONING & USE: Zoned: RA 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 33.2-foot left side yard variance to a required 50-foot left side setback resulting in a 16.8-foot left side setback, and a 28.8-foot right side yard variance to a required 50-foot right side setback resulting in a 21.2-foot right side setback. REASON FOR VARIANCE: The property cannot meet current setbacks due to size and acreage of the adjoining properties. STAFF COMMENTS: This property was created in 1960 as shown on the deed. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35-feet for the front and 15-feet for the side yards and 50-feet to the rear. Frederick County amended its Ordinance in 1989 to change the A2 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 Variance #08-19 – CMH Homes, Inc. Page 2 September 5, 2019 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. This property was granted a Variance (#12-18) which resulted in a 21.3-foot left side setback, from the required 50-foot setback; and a 21.3-foot right side setback from the required 50-foot setback. This new request would allow for a larger building footprint. This property does not have Building Restriction Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a 33.2-foot left side yard variance to a required 50-foot left side setback resulting in a 16.8-foot left side setback, and a 28.8-foot right side yard variance to a required 50-foot right side setback resulting in a 21.2- foot right side setback. This variance, if granted, would allow the construction of a single-family dwelling. It should be noted that the new dwelling would be in conformance with the current front setback of 60-feet and rear setback of 50-feet. The Applicant will be removing the existing trailer as noted o n the plat. STAFF CONCLUSIONS FOR THE SEPTEMBER 17, 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.