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HomeMy WebLinkAbout02-21 BZA Staff Report VARIANCE APPLICATION #02-21 GERALD AND LINDA ARONOVITCH Staff Report for the Board of Zoning Appeals Prepared March 4, 2021 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: March 16, 2021 Public Hearing; Action Pending LOCATION: The property is located in the Flint Ridge Subdivision and is accessed off of Fodder Court, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 39-A-85C PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 50-foot rear yard variance to a required 100-foot rear yard setback which will result in a 50-foot rear yard setback, and a 50-foot right side yard variance to a required100-foot right side yard setback which will result in a 50-foot right side yard setback, for a single-family dwelling. REASON FOR VARIANCE: This property has an existing pond, its location and the required 100’ setback would require the proposed dwelling to be close to the pond. Locating the dwelling in close proximity to the pond would allow water to settle around the proposed dwelling. STAFF COMMENTS: The property is 5.2+/- acres in size and currently zoned RA (Rural Areas) Variance #02-21 – Gerald and Linda Aronovitch Page 2 March 4, 2021 and was created in 2008. The setback lines for the RA Zoning District are: 60-feet for the front, 100- feet for the side yards and 100-feet for the rear yard. The Applicant is requesting a 50-foot rear yard variance to a required 100-foot rear yard setback resulting in a 50-foot rear yard setback and a 50- foot right side yard variance to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback, for a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60-feet in the front, 50-feet in the rear, and 50-feet on the right side. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements of the RA Zoning District do not produce an unreasonable restriction on the property. The Applicant can place the proposed dwelling in a different location on this 5+/- acre parcel to abate the drainage issues. STAFF CONCLUSIONS FOR THE MARCH 16, 2021 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. It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA Zoning District may not be justified. Staff would recommend denial of this variance application, as the setback requirements currently can be met. The strict application of the Frederick County Zoning Ordinance does not produce an unreasonable restriction on the property as required by the Code of Virginia 15.2-2309 (2).