HomeMy WebLinkAbout03-21 BZA Staff ReportVARIANCE APPLICATION #03-21
GENE AND ANGELA FISHEL
Staff Report for the Board of Zoning Appeals
Prepared April 2, 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 at 144 Emperor Drive in the Lake Frederick Subdivision.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-52-120
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
East: R5 (Residential Recreational Community) Use: Open Space
West: R5 (Residential Recreational Community) Use: Residential
VARIANCE REQUESTED: The Applicant is seeking an 8-foot rear yard setback variance to a
required 15-foot rear yard setback resulting in a 7-foot rear setback to allow for the enclosure of an
existing uncovered deck.
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 are: 25-foot front, 5-foot sides and 15-foot rear from the property line. This
dwelling currently has an uncovered deck which is 7.1-foot from the rear property line. Setbacks for
uncovered decks is 5-foot from the rear property line. A covered or enclosed porch would have to
meet the rear setback of 15-foot as they become part of the principal structure. The Applicant is
requesting the variance to allow the deck to be enclosed. The area adjacent to the rear property line
consists of open space.
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Variance #03-21 – Gene and Angela Fishel
Page 2
April 2, 2021
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
current rear setbacks of the R5 (Residential Recreational Community) Zoning District may be
justified.
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