Loading...
HomeMy WebLinkAbout20-24 BZA Staff Report VARIANCE APPLICATION #20-24 ALAN & ALAN NEWLIN II (MICHAEL ARTZ, POA) Staff Report for the Board of Zoning Appeals Prepared August 2, 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 101 Stonewall Circle. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 53B-1-12 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) District Use: Vacant South: RA (Rural Areas) District Use: Vacant East RA (Rural Areas) District Use: Residential West: RA (Rural Areas) District Use: Residential VARIANCE REQUESTED: REASON FOR VARIANCE: The property cannot meet the current RA (Rural Areas) setbacks for an accessory structure. STAFF COMMENTS 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: Variance #20-24 – Alan & Alan Newlin II Page 2 August 2, 2024 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. 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 Code of Frederick County. This is a request from the current setbacks of the RA (Rural Areas) Zoning District and maybe appropriate.