HomeMy WebLinkAbout05-23 BZA Staff ReportAPPEAL #05-23
ZORAN ZAEV & ANGELA ZAEV
Staff Report for the Board of Zoning Appeals
Prepared: August 2, 2023
Staff Contact: Mark R. Cheran, Zoning Administrator
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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 15, 2023
Public Hearing Action Pending
LOCATION: The subject property is located at Loretto Drive (Rt 1633) Clear Brook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 34-9-1-27
PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District
Land Use: Outdoor storage and processing (Illegal use)
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
APPEAL: To appeal the notice of violation, as to Frederick County Zoning Ordinance, Chapter 165,
Section 165-401.02: Permitted uses RA District
Section 165-201.10(A): Outdoor storage and processing
Section 165-204.11(C): Inoperable vehicles and trailers
Section 165-204.11(D): Trash dumping.
ZONING ADMINISTRATOR DETERMINATION: A notice of violation dated June 15, 2023,
from the Zoning Administrator, states that the Owner is maintaining uses on his property that are not
permitted within the RA Zoning District. The violations of the Frederick County Zoning Ordinance
are:
Use of a recreational vehicle (RV) for full-time living on the above-referenced property is not
allowed use in the RA (Rural Areas) Zoning District under Section 165-401.02. An RV is defined
as:
A. Built on a single chassis.
B. Four hundred square feet or less when measured at the largest horizontal projection.
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational camping, travel, or seasonal use.
Pursuant to Section 165-204.11(C) of the Frederick County Code prohibits the storage of unscreened
inoperable vehicles unless specifically allowed by applicable provisions of the Frederick County
Code. The above-referenced property is in the RA (Rural Areas) Zoning District and no provision of
the Frederick County Code, applicable to the above-referenced property, allows the storage of
unscreened inoperable vehicles in that zoning district.
An inoperable vehicle is defined in Section 165-101.02 of the Frederick County Code as any motor
vehicle, trailer, camping trailer, or semitrailer, which is not in operating condition, or which has been
partially or totally disassembled by the removal of tires and wheels, the engine or other essential
parts required for operation of the vehicle. Vehicles, trailers, camping trailers, and semi-trailers shall
also be considered inoperable if they do not display a valid license plate or valid inspection decal.
Pursuant to Section 165-204.11(D) of the Frederick County Zoning Ordinance, prohibits the storage of trash, rubbish, or garbage outside of watertight, vermin proof containers, unless at a legal landfill
or trash heap.
Pursuant to Section 165-201.10(A) of the Frederick County Zoning Ordinance, outdoor storage, the
outdoor storage or processing shall be completely screened from the view of the road and street
right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or
evergreen screen. (Enclosed NOV)
REASON FOR APPEAL: The Applicant states that the property is being used for agricultural use.
(Applicant letter enclosed)
STAFF COMMENTS: This property is a 4.31 +/- acre lot located within the Christo Rey
subdivision approved by Frederick County in 2005 and is zoned RA Zoning District. The Frederick
County Zoning Ordinance requires any land uses shall be limited to only the uses that are
specifically allowed within the zoning district that the property is located. All other uses not
expressly permitted are prohibited. The RA Zoning District allows for agricultural operations.
The applicant applied for Agricultural Exemption under the Virginia Uniform Statewide Building
Code Section 102.3 (“Building Code”) to be exempted from the Building Code. The Frederick
County Building Official, on October 26, 2016, granted an exemption for two (2) buildings for
storage of farm supplies. The applicant again applied for an exemption for orchard produce
processing/pavilion. The Frederick County Building Official, on June 17, 2017, granted an
exemption for this pavilion. The applicant claimed to have an orchard of 150 trees. There is no clear
evidence of an agricultural use/farm use on the property.
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the administration of the Frederick County Zoning Ordinance,
as noted in the NOV the uses on this property are not associated with an bona fide agricultural use.
STAFF CONCLUSIONS FOR THE AUGUST 15, 2023 MEETING: Staff is requesting the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance as noted in the NOV.