HomeMy WebLinkAbout01-20 BZA Staff Report
VARIANCE APPLICATION #01-20
JIM NICHOLS CONSTRUCTION
Staff Report for the Board of Zoning Appeals
Prepared: May 7, 2020
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 19, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 402 Brown Lane, Clear Brook, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-28
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: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a for a 40-foot front yard variance to a
required 60-foot front setback which will result in a 20-foot front setback, to construct a single-family
dwelling.
REASON FOR VARIANCE: Narrowness of the lot with utility and drainfield location does not
allow replacement dwelling to be set within the front setback.
STAFF COMMENTS: The property was created in 1995; the setbacks in the RA (Rural Areas)
District are 60-feet for the front, 50-feet side yards, and 50-feet for the rear yard. This property was
consolidated to allow for a larger building area. The buildable area was limited by utility and
Variance #01-20 – Jim Nichols Construction
Page 2
May 7, 2020
drainfield location. These locations do not allow for a front porch to meet the RA setback of 60 feet.
The property did have a mobile home located on it as shown on the aerial photograph within the
BZA agenda. As of this application the mobile home has been removed.
The Applicant is requesting a variance of 40-feet on front yard setback from the current 60-foot
setback resulting in a 20-foot front yard setback. This variance, if granted, would allow the
construction of a dwelling with a front porch.
STAFF CONCLUSIONS FOR THE MAY 19, 2020 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.