HomeMy WebLinkAbout12-20 BZA Staff Report
VARIANCE APPLICATION #12-20
KEITH R. TUMP
Staff Report for the Board of Zoning Appeals
Prepared: December 4, 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:
December 15, 2020
Public Hearing; Action Pending
LOCATION: The property is located on Southwest corner of intersection with Mineral Street
(Route 635) and Cougill Road (Route 634), Middletown, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 91-A-122
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: CSX R-O-W Use: Rail Line
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting for a 20-foot front yard variance to a
required 60-foot front yard setback which will result in a 40-foot front yard setback adjacent to Mineral
St. (Route 635) and a 15-foot left side yard variance to a required 50-foot left side yard setback which
will result in a 35-foot left side yard setback adjacent to the railroad R-O-W for a dwelling with a garage
to be built in two (2) phases. Phase 1 is a garage with an apartment and phase 2 is an attached dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the dwelling.
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
Variance #12-20 – Keith R. Tump
Page 2
December 4, 2020
zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property
setback lines at the adoption of the zoning ordinance were 35-feet for the front, along Mineral Street
(Route 635) and Cougill Road (Route 634), 15-feet for the side yards and 50-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change the 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 along Mineral Street.(Route 635) and Cougill Road (Route 634) , 50-
feet to the rear, and 50-feet to the side adjacent to the railroad R-O-W.
The Zoning Ordinance for the propose of determining setbacks for a property that fronts on two (2)
roads/streets, is that the shortest front is the front yard of the property. This property has two (2)
fronts along Cougill Road (Route 634) and Mineral Street (Route 635). Therefore, Cougill Road
(Rt. 634) is the shortest front and is the front of this property. The Applicant is requesting a 20-foot
front yard variance to a required 60-foot front yard setback which will result in a 40-foot front yard
setback and a 15-foot left side yard variance to a required 50-foot left side yard setback which will
result in a 35-foot left side yard setback to allow for the construction single-family dwelling with a
garage. Should this variance be granted, the building setbacks for this property would be 60- foot
front along Cougill Road. (Route 634), 40-foot along Mineral Street (Route 635), 35-foot left side,
along the railroad R-O-W and 50-foot rear.
STAFF CONCLUSIONS FOR THE DECEMBER 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
Variance #12-20 – Keith R. Tump
Page 3
December 4, 2020
current setbacks of the RA (Rural Areas) Zoning District may be justified.