HomeMy WebLinkAbout12-23 BZA Staff Report
VARIANCE APPLICATION #12-23
WARREN & ELIZABETH DUDENBOSTEL
Staff Report for the Board of Zoning Appeals
Prepared December 20, 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:
January 16, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 129 Grosbeak Court, Lake Frederick.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-2-4-97
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
East: R5 (Residential Recreational Community) Use: Open Space
West R5 (Residential Recreational Community) Use: Residential
VARIANCE REQUESTED: The Applicant is seeking a 6-ft. rear yard setback variance to a required
15-ft. rear yard setback to enclose/screen in an existing uncovered deck resulting in a 9-ft. rear setback
for the covered porch.
REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch
due to the size of the property and location of the existing dwelling.
STAFF COMMENTS: This property was created in 2018 as a single-family small lot type. The
building setbacks for this lot type are: 25-ft. front, 5-ft. sides and 15-ft. in the rear. This dwelling
currently has an uncovered deck which is 5-ft. from the rear property line. Setbacks for uncovered
decks is 5-ft. from the rear and a covered porch type must meet the rear setback of 15-ft., as they
become part of the principal structure. The Applicant is requesting the variance to allow the deck to
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Variance #12-23 – Warren & Elizabeth Dudenbostel
Page 2
December 20, 2023
be enclosed. The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE JANUARY 16, 2024, 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 R5 (Residential Recreational Community) Zoning District may be justified.
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