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HomeMy WebLinkAbout07-21 BZA Staff ReportVARIANCE APPLICATION #07-21 ALEXANDER MANZO Staff Report for the Board of Zoning Appeals Prepared August 5, 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: August 17, 2021 Public Hearing; Action Pending LOCATION: The property is located in at 605 Lakeview Drive, Cross Junction, within the Lake Holiday Subdivision. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18A02-2-4-326 PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: R5 (Residential Recreational Community) Use: Open Space 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 requesting a 10.4-foot front yard variance to a required 35-foot front yard setback which will result in a 24.6-foot front yard setback. REASON FOR VARIANCE: The property cannot meet the current front yard setbacks due to the shape of the property; the Applicant is requesting the variance to allow for the construction of a 30 x 22-foot addition to the right side of an existing single-family dwelling. STAFF COMMENTS: The property is pie shaped with a curvature that follows its frontage along Lakeview Road, the property has a 35-foot front yard setback along the roadway. Due to the curvature and the setback, the Applicant is unable to meet the front yard setback to construct the proposed addition. The shape of this lot is not a typical condition or situation, therefore not of a so general or recurring nature. Should this variance be granted, it will result in a 24.6-foot front yard setback, 10-foot right side yard setback, and a 25-foot rear setback; the side and rear yard setbacks for the proposed addition conform to the current requirements of the Zoning Ordinance. Variance #07-21 – Alexander Manzo August 5, 2021 Page 2 STAFF CONCLUSIONS FOR THE AUGUST 17, 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 front yard setbacks of the R5 (Residential Recreational Community) Zoning District may be justified.