HomeMy WebLinkAbout05-22 BZA Staff Report
VARIANCE APPLICATION #05-22
LOWELL F. TAYLOR JR.
Staff Report for the Board of Zoning Appeals
Prepared June 8, 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:
June 28, 2022
Public Hearing; Action Pending
LOCATION: The property is located at 520 North Timber Ridge Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 06-A-52D
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 15.8-foot left side yard variance to a
required 45-foot left side yard setback which will result in a 29.2-foot left side 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 6.042+/- acres in size and currently zoned RA (Rural
Areas) and was created in 2007. The setback lines for the parcel are: 60-feet for the front, 45-feet for
the left side, 50-feet for the right side and 100-feet for the rear yard. The Applicant is requesting a
15.8-foot left yard variance to a required 45-foot left yard setback resulting in a 29.2-foot left yard
setback for an accessory structure.
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Variance #05-22 – Lowell F. Taylor, Jr.
Page 2
June 8, 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 RA
Zoning District do not produce an unreasonable restriction on the property. The Applicant can place
this proposed accessory structure behind the primary structure the plat submitted shows 6.042+/-
acres with this application. The rear of this property is relatively level to allow for this accessory
structure to meet the front setback of 45-ft. off the access easement.
STAFF CONCLUSIONS FOR THE JUNE 28, 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 45-ft. from the access easement may not be justified. Staff
would recommend denial of this variance application, as the setback requirements currently can be
met on this 6.042+/- acre lot. 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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