HomeMy WebLinkAbout01-21 BZA Staff ReportVARIANCE APPLICATION #01-21
RANDY S. KELLY
Staff Report for the Board of Zoning Appeals
Prepared March 31, 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:
April 20, 2021
Public Hearing - Action Pending
LOCATION: The property is located in the High View Manor Subdivision, on Meadow Way in
Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 60A-2B-A-32
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 30-foot front yard variance to a
required 60-foot front yard setback which will result in a 30-foot front yard setback, and a 24-foot
left and right-side yard variance to a required 50-foot left and right-side yard setback which will
result in a 26-foot left and right side yard setback, for a single family 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: This property is part of the High View Manor Subdivision that was created
in 1962. This subdivision does not have Building Restriction Lines (BRL) assigned to it and would
have to meet the current RA (Rural Areas) District setbacks. The Frederick County historical zoning
map shows this property as being zoned A-1 (Agricultural Limited) in 1967. The property setback
lines at the adoption of the Zoning Ordinance 35-feet for the front, 15-feet for the side yards and 50-
feet for the rear yard. Frederick County amended its Ordinance in 1989 to change the A-1 Zoning
District to the RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors
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Variance #01-21 – Randy S. Kelly
Page 2
March 31, 2021
amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks
for this property 60-feet for the front, 50-feet to the rear, and 50-feet left and right-side yard.
The Applicant is requesting a variance of 30-feet from the required 60-foot front yard setback
resulting in a 30-foot front yard setback. A 24-foot left and right-side variance from the required 50-
foot left and right-side yard setback resulting in a 26-foot left and right-side yard setback, to
construct a single-family dwelling.
BOARD OF ZONING APPEALS SUMMARY AND ACTION FROM THE 3/16/21
MEETING;
The Committee tabled action until the April 20, 2021 meeting.
STAFF CONCLUSIONS FOR THE APRIL 20, 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.
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 the
current setbacks of the RA (Rural Areas) Zoning District may be justified.
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