HomeMy WebLinkAbout04-21 BZA Staff ReportVARIANCE APPLICATION #04-21
OLD VIRGINIA LAND
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 in Shawneeland (Lot 57) on Chrysanthemum Trail.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A-1-30-57
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 29-foot left side yard variance to a
required 50-foot left side yard setback which will result in a 21-foot left side yard setback, and a 29-
foot right side yard variance to a required 50-foot right side yard setback which will result in a 21-
foot right side yard setback for a single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA (Rural
Areas) District due to the size of the property.
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property zoned A-2 (Agricultural General) in 1967. The property setback
lines at the adoption of the zoning ordinance were 35-feet for the front and 15-feet for the side yards.
Frederick County amended its ordinance in 1989 to change the A-2 Zoning Districts 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 for the front, 100-feet for the rear, and 50-feet for the left and right-side yard.
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Variance #04-21 – Old Virginia Land
Page 2
April 2, 2021
The Applicant is requesting a 29-foot right and left side yard variance from the required 50-foot side
setback. Should this variance be granted, it will result in a 21-foot right and left side yard setback, to
allow for the construction of a single-family dwelling.
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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