HomeMy WebLinkAbout05-21 BZA Staff Report
VARIANCE APPLICATION #05-21
SONYA MAY
Staff Report for the Board of Zoning Appeals
Prepared June 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:
June 15, 2021
Public Hearing; Action Pending
LOCATION: The property is located at 1621 Brucetown Road, Clear Brook, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 34-A-15
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: EM (Extractive Manufacturing) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: EM (Extractive Manufacturing) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting an 80-foot left yard variance to a required
100-foot left yard setback which will result in a 20-foot left yard setback, and a 32.9-foot right side yard
variance to a required 50-foot right side yard setback which will result in a 17.1-foot right side yard
setback, for a single-family dwelling.
REASON FOR VARIANCE: The property is a narrow 1.020+/- acres in size and cannot meet the
current RA (Rural Areas) Zoning District setback requirements due to size of the property.
STAFF COMMENTS: This property of 1.020 +/- acres in size was created in 1967 and currently
zoned RA (Rural Areas). Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback
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Variance #05-21 – Sonya May
Page 2
June 4, 2021
lines at the adoption of the zoning ordinance were 35-feet for the front, 15-feet for the side yards and
50-feet to the rear. Frederick County amended its Ordinance in 1989 to change the A-2 Zoning
District 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 to the front, 100-feet to the left side, and 50-feet to the rear and right sides.
This property does not have Building Restriction Lines (BRL) assigned to it and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a variance of 80-feet on the left
side yard from the current 100-foot setback resulting in a 20-foot left side setback. A 32.9-foot right
side yard variance from the current 50-foot setback resulting in a 17.2-foot right side setback. This
variance, if granted, would allow the construction of a single-family dwelling.
STAFF CONCLUSIONS FOR THE JUNE 15, 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 and the Code of Frederick County. This request from current
setbacks of the RA (Rural Areas) Zoning District may be justified.
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