HomeMy WebLinkAbout10-20 BZA Staff ReportVARIANCE APPLICATION #10-20
RUSSELL AND JOYCE STEVENS
Staff Report for the Board of Zoning Appeals
Prepared: September 4, 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:
September 15, 2020
Public Hearing Action Pending
LOCATION: The subject property is located at 107 Fringetree Court, Lake Frederick, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-3-1-153
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Open Space
East: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
West: R5 ( Residential Recreational Community) Use: Open Space
VARIANCE REQUESTED: The Applicant is seeking a 9.5 ft. rear yard setback variance to a
required 15 ft. rear yard setback (covered structure) to enclose/screen in an existing uncovered deck
resulting in a 5.5 ft. rear setback for the covered porch; they are also seeking a 3.5 ft. rear yard setback
variance to a required 5 ft. rear yard setback (uncovered structure) to allow for the construction of stairs
for the covered porch, resulting in a 1.5 ft. rear yard setback for the stairs.
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 2018 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 from the dwelling. This
dwelling currently has an uncovered deck which is 5.51 ft. from the rear property line setbacks for
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uncovered decks is 5ft. from the rear and a covered porch type have to meet the rear setback of 15ft.
as they become part of the principal structure. The Applicant is requesting the variance to allow the
deck to be enclosed and stairs to be built. The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE SEPTEMBER 15, 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.
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