As for standing, I represent Campfield and Liza Carr, my spouse. Both are neighboring property owners.
First off, the application and staff report seems to be incorrect on this matter. Speaking to Wyatt Pearson, the applicant is requesting a 5’ setback, not a reduction of 5’ to 40’. That is a large discrepancy in both the application and the staff notes, and the record should be made clear before any motion is entertained. A 5’ setback to the back property line would be a unique variance precedent.
Secondly, the property is bound by several Frederick County Code ordinances. First off, secondary uses can be no more than 25% of the main building in size. There is no indication of the building size, but it looks as large or larger than the main structure of the primary house. Secondly, there is already a secondary use on this property, the pool pavilion. It’s not clear whether two accessory structures are allowed
Secondly, the building is shown well within the 60” BRL shown on the recorded plat. This is a “structure” by Virginia law, and the Code clearly states:
§ 165-201.02 Setback requirements. A. No structure shall be placed in the front, side or rear yard setback areas specified by this chapter.
§ 165-201.05 Secondary or accessory uses.
[Amended 8-9-1990; 6-9-1993; 12-10-2008]
When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use.
Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met:
(1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater.
[Amended 4-24-2024]
As for standing, I represent Campfield and Liza Carr, my spouse. Both are neighboring property owners.
First off, the application and staff report seems to be incorrect on this matter. Speaking to Wyatt Pearson, the applicant is requesting a 5’ setback, not a reduction of 5’ to 40’. That is a large discrepancy in both the application and the staff notes, and the record should be made clear before any motion is entertained. A 5’ setback to the back property line would be a unique variance precedent.
Secondly, the property is bound by several Frederick County Code ordinances. First off, secondary uses can be no more than 25% of the main building in size. There is no indication of the building size, but it looks as large or larger than the main structure of the primary house. Secondly, there is already a secondary use on this property, the pool pavilion. It’s not clear whether two accessory structures are allowed
Secondly, the building is shown well within the 60” BRL shown on the recorded plat. This is a “structure” by Virginia law, and the Code clearly states:
§ 165-201.02 Setback requirements. A. No structure shall be placed in the front, side or rear yard setback areas specified by this chapter.
§ 165-201.05 Secondary or accessory uses.
[Amended 8-9-1990; 6-9-1993; 12-10-2008]
When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use.
Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met:
(1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater.
[Amended 4-24-2024]
Respectfully, JP Carr