HomeMy WebLinkAbout07-22 BZA Staff ReportVARIANCE APPLICATION #07-22
CATHERINE SELL
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 White Pine Lane, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 51-A-16F
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
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 50-foot left side yard variance to a
required 100-foot left side yard setback which will result in a 50-foot left side yard setback for a
residential structure.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property.
STAFF COMMENTS: The property is 2.49+/- acres in size and currently zoned RA (Rural Areas)
and was created on January 13, 1975, via Deed book 403 page 47. This subdivision does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural
Areas) District setbacks. The Frederick County historical zoning map shows this property as being
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
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Variance #07-22 – Catherine Sell
Page 2
June 8, 2022
Ordinance 35-feet for the front, 15-feet for the side yards and 35-feet for the rear yard. Frederick
County amended its Ordinance in 1989 to change the A-2 Zoning District to the RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60-feet for the
front, 100-feet to the rear, and 100-feet left-side yard and 100-feet right-side yard.
The Applicant is requesting a variance of 50-feet from the required 100-feet left side yard setback
resulting in a 50-foot left side yard setback, to construct a single-family dwelling. The setbacks for
this property should the variance be approved would be front 60-feet, left side yard 50-feet, right
side yard 50-feet and rear yard 50-feet.
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.
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.
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