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HomeMy WebLinkAbout05-20 BZA Staff Report VARIANCE APPLICATION #05-20 MICHAEL ALLEN AND JILL ALLEN Staff Report for the Board of Zoning Appeals Prepared: May 7, 2020 Staff Contact: Mark R. 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 ZONING APPEALS HEARING DATE: May 19, 2020 Public Hearing; Action Pending LOCATION: The property is located at 4104 Cedar Creek Grade, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 60-A-82 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Community Center 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 for a 80-foot rear yard variance to a required 100-foot rear yard setback which will result in a 12-foot rear yard setback. A 23-foot left side yard variance to a required 50-foot left side setback which will result in a 27-foot left side yard setback. A 95-foot right side yard variance to a required 100-foot right side setback which will result in a 5-foot right side yard setback, to construct a single-family dwelling. REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the property and location of the existing dwelling. STAFF COMMENTS: This property was created in the 1870’s as indicated on the deed and the subdivision was approved by Frederick County (Plat enclosed). This property does not have Building Variance #05-20 – Michael & Jill Allen Page 2 May 7, 2020 Restriction Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas) setbacks. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1972. The property setback lines at the adoption of the Frederick County 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 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 left side and 100-feet right side. The Applicant is requesting for an 80-foot rear yard variance to a required 100-foot rear yard setback which will result in a 12-foot rear yard setback. A 23-foot left side yard variance to a required 50- foot left side setback which will result in a 27-foot left side yard setback. A 95-foot right side yard variance to a required 100-foot right side setback which will result in a 5-foot right side yard setback, to construct a single-family dwelling. 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.