HomeMy WebLinkAbout06-20 BZA Staff Report
VARIANCE APPLICATION #06-20
MICHAEL ARTZ (LLRM, LLC)
Staff Report for the Board of Zoning Appeals
Prepared: July 10, 2020
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 ZONING APPEALS HEARING DATE:
July 21, 2020
Public Hearing; Action Pending
LOCATION: The property is located at (Route 448) Reliance Road, Middletown, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 91-A-64
PROPERTY ZONING & USE: Zoned: RA
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 71.0-foot left side yard variance to a
required 100-foot left side setback resulting in a 29 -foot left side setback, and a 21.0-foot right side
yard variance to a required 50-foot right side setback resulting in a 29-foot right side setback.
REASON FOR VARIANCE: The property cannot meet current setbacks due to the narrowness of
the subject property as well as the setbacks required because of the size and acreage of the adjoining
properties.
STAFF COMMENTS: This property was created in 1964 as indicated on the deed provided by the
Applicant. This property does not have Building Restriction Lines (BRL) assigned to it and would
need to meet the current RA (Rural Areas) Zoning District setbacks. The Frederick County historical
zoning map shows this property was zoned A-2 (Agricultural General) in 1972. The property
Variance #06-20 – Michael Artz (LLRM, LLC)
Page 2
July 10, 2020
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, 100-feet to the rear, 50-feet
to the right side and 100-feet to the left side.
The Applicant is requesting a 71.0-foot left side yard variance to a required 100-foot left side setback
resulting in a 29 -foot left side setback, and a 21.0-foot right side yard variance to a required 50-foot
right side setback resulting in a 29-foot right side setback.
STAFF CONCLUSIONS FOR THE JULY 21, 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.