HomeMy WebLinkAbout06-21 BZA Staff ReportVARIANCE APPLICATION #06-21
BRADDOCK HILLS, LLC
Staff Report for the Board of Zoning Appeals
Prepared July 15, 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:
July 20, 2021
Public Hearing; Action Pending
LOCATION: The property is located at 978 Round Hill Road in Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-141
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
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 13.3-foot front yard variance to a required
60-foot front yard setback which will result in a 46.7-foot front yard setback, and a 35.6-foot rear yard
variance to a required 50-foot rear yard setback which will result in a 14.4-foot rear setback, to allow
for the construction of a new single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the proposed new dwelling.
STAFF COMMENTS: This 0.56 +/- acre property was created prior to Frederick County adopting
zoning in 1967. The prior dwelling on the property, which was demolished, was built in 1900. The
Frederick County historical zoning map shows this property zoned A-2 (Agricultural General)
District in 1967. The property setback lines at the adoption of the Zoning Ordinance were 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 reclassify 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
Variance #06-21 – Braddock Hills, LLC
Page 2
July 15, 2021
District on February 28, 2007, making the current setbacks for this property 60-foot for the front,
a50-foot for the rear yard, and 50-foot for the left and right-side yards.
Should this variance be granted, it will result in setbacks of 46.7-foot for the front, 14.4-foot for the
rear; the left and right-side yard setbacks conform to the current RA Zoning Districts (80.5-foot left
and 79.4-foot right). This will allow for the construction of a new single-family dwelling.
STAFF CONCLUSIONS FOR THE JULY 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.