HomeMy WebLinkAbout03-20 BZA Staff Report
VARIANCE APPLICATION #03-20
MARK A. BRUNS
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 225 Stafford Drive, Winchester, Virginia.
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBER: 54E-4B-6
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: County Park
VARIANCE REQUESTED: The Applicant is requesting for a 6-foot left side yard variance to a
required 10-foot left side setback which will result in a 4-foot left side yard setback, to construct an
attached garage.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the dwelling.
STAFF COMMENTS: This property was created in 1963, as shown on the plat and subdivision
approved by Frederick County on December 12, 1963. The property setbacks lines for this property as
approved: 25-ft. front and zero side and rear. (Plat enclosed) Frederick County adopted zoning in 1967.
The Frederick County historical zoning map shows this property was zoned R-2 (General Residential) in
Variance #03-20 – Mark A. Bruns
Page 2
May 7, 2020
1967. The property setback lines at the adoption of the Frederick County Zoning Ordinance were 35-feet
for the front and 10-feet for the side yards and 35-feet to the rear. Frederick County amended its
Ordinance in 1989 to change the R-2 Zoning District to the current RP (Residential Performance) Zoning
District. The property setbacks for the RP Zoning District are 35-front 10-feet sides and 25-feet rear.
The Applicant is requesting a variance of 6-feet on the left side yard setback from the current 10
-foot setback resulting in a 4-foot left side yard setback. This variance, if granted, would allow the
construction of an attached garage.
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 RP (Residential Performance) Zoning District may be justified.