HomeMy WebLinkAbout07-20 BZA Staff Report
VARIANCE APPLICATION #07-20
DENNIS COLLINS
Staff Report for the Board of Zoning Appeals
Prepared: July 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:
July 21, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 109 Abbey Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54H-3-8
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: Residential
VARIANCE REQUESTED: The Applicant is requesting 5.5-foot rear yard variance to a required
25-foot rear yard setback resulting in a 19.5-foot rear yard setback for a covered deck.
REASON FOR VARIANCE: The property is 9,479 Sq. ft. in size and cannot meet the current RP
(Residential Performance) Zoning District setback requirements due to the size of the property.
STAFF COMMENTS: This property was created in 1990, as shown on the plat and subdivision
approved by Frederick County on February 28, 1990. The Windsor Hill Estates subdivision was
approved under the single-family detached cluster lot requirement. Setbacks at that time were 35’ front
10-ft side and 25-ft rear. Frederick County amended its Zoning Ordinance in 2012 to revise the lot
requirements for housing types permitted in the RP District. With this revision, the setbacks for single-
family detached cluster housing types was changed to 25-front, 8-feet sides and 20-feet rear.
Variance #07-20 –Dennis Collins
Page 2
July 7, 2020
The dwelling currently has an uncovered rear deck which meets the “setbacks for unroofed decks”
allowance for cluster lots. The Applicant is requesting a variance of 5.5-feet rear yard variance to a
required 25-foot rear yard setback resulting in a 19.5-foot rear yard setback to allow for the
construction of a covered deck.
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 rear setbacks of the RP (Residential Performance) Zoning District may be justified.