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HomeMy WebLinkAbout08-21 BZA Staff ReportVARIANCE APPLICATION #08-21 GET PLASTERED, LLC Staff Report for the Board of Zoning Appeals Prepared September 8, 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: September 21, 2021 Public Hearing; Action Pending LOCATION: The property is located along North Frederick Pike (Route 522) Lauck Drive (Route 832) and Foreman Lane, Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-A-56B PROPERTY ZONING & USE: Zoned: B2 (General Business) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: B2 (General Business) Use: Residential South: B2 (General Business) Use: Vacant East: B2 (General Business) Use: Nursing Home West: B2 (General Business) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 23.94-foot front yard variance to a required 35-foot front yard setback which will result in a 11.06-foot front yard setback along Foreman Lane. REASON FOR VARIANCE: The subject property adjoins roadways on three sides and therefore has three front yard setbacks. Due to the narrowness of the lot and the front yard setbacks on three sides, the property cannot meet the required setbacks. The Applicant is requesting the variance to allow for the construction of a new commercial structure. STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned B2 (General Business) in 1967. The property setback lines at the adoption of the Frederick County Zoning Ordinance were 20-feet for the front and 20- feet for the side and rear yards. Variance #08-21 – Get Plastered, LLC September 8, 2021 Page 2 Frederick County amended its Zoning Ordinance in 1989 and changed the setback requirements for the B2 District as follows: 50-feet along primary/arterial highways, 35-feet along collector of minor streets, and 0-feet for side and rear yards. STAFF CONCLUSIONS FOR THE SEPTEMBER 21, 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 setback of the B2 (General Business) Zoning District may be justified.