HomeMy WebLinkAbout09-22 BZA Staff Report
VARIANCE APPLICATION #09-22
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 20.09-foot front side yard variance to a
required 45-foot front side yard setback which will result in a 24.91-foot front side yard and a 22.30-
foot rear yard variance to a required 45-foot rear side yard setback which will result in a 22.7-foot rear
setback for an accessory structure.
REASON FOR VARIANCE: The property cannot meet the current RA setbacks for an accessory
structure, due to the placement of the drainfield to serve this property.
STAFF COMMENTS: The variance requested is for an accessory structure that will be located
adjacent to 30-foot R/W. The RA setbacks for accessory structures located adjacent to a private R/W
is 45-feet. This setback cannot be met due to the angle of the structure as to the R/W and the
placement of the drainfield and retaining wall does not allow the structure to be located on the
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Variance #09-22 – Eric Wright & Ashley Wright
Page 2
August 4, 2022
property.
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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