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HomeMy WebLinkAbout14-24 BZA Staff Report VARIANCE APPLICATION #14-24 DONALD ADAMS Staff Report for the Board of Zoning Appeals Prepared July 17, 2024 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 20, 2024 Public Hearing; Action Pending LOCATION: The property is located at 1490 Old Bethel Church Road, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-144A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) District Use: Residential South: RA (Rural Areas) District Use: Residential East RA (Rural Areas) District Use: Residential West: RA (Rural Areas) District Use: Residential VARIANCE REQUESTED: The Applicant is seeking a 7-ft. right side yard variance to a required 15-ft. right side yard setback which will result in an 8-ft. right side setback for an addition. REASON FOR VARIANCE: The property cannot meet the assigned setback. STAFF COMMENTS: Subdivision was created in 1947; parcel predates existing Zoning Ordinance requirements. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited). The property setback lines at the adoption of the zoning ordinance were 35-feet for the front yard setback and 15-feet for the side Variance #14-24 – Donald Adams Page 2 July 17, 2024 yards. Frederick County amended its Ordinance in 1989 to change the zoning district to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60-feet to the front, 50-feet to the rear, and 50-feet to both sides. This property was subject to a variance #20-06 approved in 2006 for the setbacks of: 40-foot right side yard variance and 35- foot left side yard variance (resulting in a 10-foot right side yard and a 15- foot left side yard) for a single-family dwelling. STAFF CONCLUSIONS FOR THE AUGUST 20, 2024, MEETING: The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance. 3) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 4) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 5) 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. 6) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the approved variance #20-06 may not be justified. The applicant was aware of the approved variance when the dwelling was built in 2007. Staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an unreasonable restriction on the property as required by the Code of Virginia 15.2-2309 (2).