HomeMy WebLinkAbout06-23 BZA Staff Report
VARIANCE APPLICATION #06-23
CHAD GREATHOUSE
Staff Report for the Board of Zoning Appeals
Prepared August 1, 2023
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 15, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 180 Cattail Road (Rt.731), Winchester.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-135
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 33-foot right side yard variance to a
required 100-foot right side yard setback which will result in a 67-foot right side yard setback for a
single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA Zoning
District due to the size and topographic of the property.
STAFF COMMENTS: The property is 1.052 +/- acres in size and currently zoned RA (Rural
Areas). This property 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-1 (Agricultural Limited) in 1967. The property setback lines
at the adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards and 35-feet
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Variance #06-23 – Chad Greathouse
Page 2
August 1, 2023
for the rear yard. County amended its Ordinance in 1989 to change the A-1 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 33-foot right yard from the required 100-foot right yard
setback resulting in a 67-foot right 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 100-feet,
right side yard 67-feet and rear yard 100-feet.
STAFF CONCLUSIONS FOR THE AUGUST 15, 2023 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 of the RA (Rural Areas) Zoning District may be justified.
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