HomeMy WebLinkAbout03-22 BZA Staff Report
VARIANCE APPLICATION #03-22
LEIGH TAYLOR & EDWARD KRON
Staff Report for the Board of Zoning Appeals
Prepared May 3, 2022
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:
May 17, 2022
Public Hearing; Action Pending
LOCATION: The property is located within the Flint Ridge Subdivision at 291 Plow Run Lane,
Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 39-6-3-34
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: Residential
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 21.5-foot front yard variance to a required
45-foot front yard setback which will result in a 23.5-foot front yard setback for an accessory structure.
REASON FOR VARIANCE: The topography of the lot does not allow the accessory structure to
meet the current front setbacks.
STAFF COMMENTS: The property is 2.8+/- acres in size and currently zoned RA (Rural Areas)
and was created in 2008. The setback lines for parcels within the Flint Ridge Rural Preservation
Subdivision are: 45-feet for the front,15-feet for the side yards and 40-feet for the rear yard. The
Applicant is requesting a 21.5-foot front yard variance to a required 45-foot front yard setback
resulting in a 23.5-foot front yard setback for an accessory structure.
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Variance #03-22 – Leigh Taylor & Edward Kron
Page 2
May 3, 2022
This application for a variance does not meet the requirements as set forth by The Code of Virginia
15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements for Parcels
within the Flint Ridge Rural Preservation Subdivision do not produce an unreasonable restriction on
the property. The Applicant can place this proposed accessory structure even with the primary
structure that measures 53.3- ft to Plow Run Lane, as shown on the plat submitted with this
application. The front of this property is relatively level to allow for this accessory structure to meet
the front setback of 45-ft.
STAFF CONCLUSIONS FOR THE MAY 17, 2022 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.
It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2).
This request from the current setbacks of the Flint Ridge Rural Preservation Subdivision not be
justified. Staff would recommend denial of this variance application, as the setback requirements
currently can be met. The strict application of the Frederick County Zoning Ordinance does not
produce an unreasonable restriction on the property as required by the Code of Virginia 15.2-2309
(2).
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