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HomeMy WebLinkAbout08-20 BZA Staff ReportVARIANCE APPLICATION #08-20 JOHN BOWMAN AND LINDA BOWMAN Staff Report for the Board of Zoning Appeals Prepared: August 6, 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: August 18, 2020 Public Hearing; Action Pending LOCATION: The property is located at 144 Osprey Drive, Lake Frederick, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87B-1-3-56 PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: R5 (Residential Recreational Community) Use: Residential South: R5 (Residential Recreational Community) Use: Residential East: R5 (Residential Recreational Community) Use: Open Space West: R5 (Residential Recreational Community) Use: Residential VARIANCE REQUESTED: The Applicant is requesting 7-foot rear yard variance to a required 15-foot rear yard setback resulting in an 8-foot rear yard setback for a covered porch. REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch due to the size of the property and location of the existing dwelling. STAFF COMMENTS: This property was created in 2006 as a single-family small lot type. The building setbacks for this lot type are: 25 ft. front, 5 ft. sides and 15 ft. rear. The Applicant is requesting a variance of 7-feet rear yard variance to a required 15-foot rear yard setback resulting in an 8-foot rear yard setback to allow for the construction of a covered porch. Cover porch of this housing type have to meet the rear setback of 15 ft. as they become part of the principal structure. The adjacent property is an area of open space. Variance #08-20 –John and Linda Bowman Page 2 August 6, 2020 STAFF CONCLUSIONS FOR THE AUGUST 18, 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 R5 (Residential Recreational Community) Zoning District may be justified.