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HomeMy WebLinkAbout11-20 BZA Staff ReportAPPEAL APPLICATION #11-20 BRYAN M. HENRY Staff Report for the Board of Zoning Appeals Prepared: December 29, 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: January 19, 2021 Public Hearing Action Pending LOCATION: The subject property is located at 639 Reliance Road, Middletown, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 91-A-77 PROPERTY ZONING & USE: Zoning: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential APPEAL: The Applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance (Ordinance) in determining compliance and permitted uses in the RA (Rural Areas) Zoning District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to Frederick County Zoning Ordinance, Chapter 165, Section 165-401.02 Permitted uses within the RA (Rural Areas) Zoning District. STAFF COMMENTS: County staff received a complaint of an excavating business operating on the property. Staff inspection of the property on July 9, 2020, revealed an excavating company (B&D Excavating) operating and storing equipment on the property. Section 165-401.02 of the Ordinance provides for permitted land uses within the RA Zoning District. An excavating company is not a permitted use within the RA (Rural Areas) Zoning District. (Enclosed pictures) The Applicant was cited under the above-referenced section of the Ordinance for operating an excavating company in the RA (Rural Areas) Zoning District. The notice of violation, dated August 11, 2020, is attached for the Boards reference. Frederick County allows excavating companies to operate within the B3 (Industrial Transition), M1 (Light Industrial), and M2 (General Industrial) Zoning Districts. The Applicant has a viable resolution of this violation. This may be accomplished by removing the business, all the equipment, company vehicles, and construction material from the property, to one of the above-referenced Zoning Districts in compliance with all County regulations. The Zoning Administrator’s interpretation of Section 165-401.02 of the Ordinance is correct as the interpretation that an excavating business occurring on this property is not a permitted use within the RA Zoning District. STAFF CONCLUSIONS FOR THE JANUARY 19, 2021 MEETING: Staff is requesting that the Board of Zoning Appeals affirms the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Chapter 165, Section 401.02. That the excavating business use is operating illegally. An excavating company is not an allowed use within the RA (Rural Areas) Zoning District. Therefore, this use shall be discontinued and removed from the property.