HomeMy WebLinkAbout10-23 BZA Staff Report
VARIANCE APPLICATION #10-23
JENNA HAWKINS & PATRICK SNARR
Staff Report for the Board of Zoning Appeals
Prepared December 6, 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:
December 19, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 208 Stafford Drive, Winchester.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54E-5-A-25
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 4.5-foot right-side yard variance to a
required 5-foot right-side yard setback which will result in a 0.5-foot right-side yard setback for a
detached garage.
REASON FOR VARIANCE: The applicant built a detached garage without a building permit
over the right-side setback of 5-feet.
STAFF COMMENTS: This property is part of the Frederick Heights subdivision which was
approved by Frederick County in 1961. Frederick County adopted zoning in 1967. The Frederick
County historical zoning map shows this property was zoned R2 (General Residential). Frederick
County amended its ordinance in 1989 to change the R2 Zoning District to the current RP
(Residential Performance) Zoning District. Setbacks for detached structures within the R2 and RP
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Variance #10-23 – Jenna Hawkins & Patrick Snarr
Page 2
December 6, 2023
Zoning Districts at the adoption of the zoning ordinance were 5-feet side and the rear.
The Frederick County Building Department received a complaint on June 15, 2023, of a detached
structure being built on the property without a building permit. The applicant was cited by Frederick
County for building without a permit.
The applicant applied for a building permit (#1688) for a detached garage on property that is zoned
RP (Residential Performance) District. The minimum building setbacks for the detached structures
within the RP Zoning District are front 35-feet, 5-feet side and rear. The applicant’s building permit
had building setbacks of front N/A, right side 6-feet, left side 25-feet and the rear 8-feet. The zoning
ordinance requires any detached structure over 500 sq. ft. located at five (5) feet or less from any
minimum setback is required to submit a location survey.
The first setback survey submitted to Fredrick County on September 7, 2023, placed the structure at
5.8-feet on the right side, however the survey submitted did not meet the requirements of the Zoning
Ordinance. Furthermore, The Fredirick Zoning Section 165-201 H (2) requires a surveyor licensed in
the Commonwealth of Virginia to establish the location of a structure. The setback report was sealed
by a professional engineer and the report was altered. The report was rejected by the Zoning
Administrator. A second setback survey was required and submitted on October 17, 2023, placing
the structure at: Front 11.01-feet, Right 4.5-feet, Left 69.3-feet, and Rear 69.3-feet. (See
attachments)
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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.
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Variance #10-23 – Jenna Hawkins & Patrick Snarr
Page 3
December 6, 2023
The strict application of the Frederick County Zoning Ordinance with regards to setbacks for
detached structures within the RP Zoning District, is not of a so general or recurring to make or
adopt a general regulation to amend the ordinance. This violation of the setback requirements
was self-inflicted, as the detached structure was constructed without a building permit.
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