HomeMy WebLinkAbout08-22 BZA Staff Report
VARIANCE APPLICATION #08-22
ERIC WRIGHT AND ASHLEY WRIGHT.
Staff Report for the Board of Zoning Appeals
Prepared August 4, 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:
August 16, 2022
Public Hearing; Action Pending
LOCATION: The property is located at 345 McDonald Road, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 51-A-125
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 5.60-foot front side yard variance to a
required 60-foot front side yard setback which will result in a 54.4-foot front side yard setback and a
12.74-foot front side yard variance to a required 60-foot front side yard setback which will result in a
47.26-foot front side yard setback for an addition to a single-family dwelling structure.
REASON FOR VARIANCE: The property can not meet the current RA setbacks for an addition.
STAFF COMMENTS: The property was created prior to Frederick County adoption of zoning in
1967. The primary structure was built in 1977. 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 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
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Variance #08-22 – Eric Wright & Ashley Wright
Page 2
August 4, 2022
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 5.60-feet front side yard from the required 60-foot front
side yard setback resulting in a 54.4-foot front side yard setback, and a 12.74-foot front side yard
variance from the required 60-foot front side setback resulting in a 47.26 front side setback.to
construct an addition to a single-family dwelling. Staff would note that the dwelling is at an angle.
STAFF CONCLUSIONS FOR THE AUGUST 16, 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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