ZBA-907 Staff SummaryZBA-907, 5/16 Page 1 of 2
VARIANCE REQUEST
ZONING BOARD OF ADJUSTMENT
May 24, 2016
CASE: ZBA-907, 5/16
PETITIONER: Wanda and Billy Southerland, property owners
REQUEST: Variance from the access requirements for structures per Section 61.2 of the Zoning Ordinance
LOCATION: 5404 Peden Point Road
PID: R07616-004-022-000
ZONING: R-15, Residential District
PETITIONER’S REQUEST:
Wanda and Billy Southerland, applicants and property owners, are requesting a variance from the requirements
of Section 61.2 of the Zoning Ordinance that limits the total number of structures that can be accessed from one
access easement, which is 3. The Southerlands are proposing to subdivide a portion of their lot, which already
contains two single family detached residential structures, in order to develop another residential structure for a
family member. The property is located at 5404 Peden Point Road.
BACKGROUND AND ORDINANCE CONSIDERATIONS:
The subject property was recorded in 1995 as “Lot 4” of the subdivision plat for Billy B. Southerland (MB 35 Page
109) and contains approximately 1.64 acres. The property is accessed by an existing 30’ wide access easement
that also serves other parcels. Currently, a total of 7 residential structures on five different parcels of land use the
access easement for their sole ingress and egress, including 5314, 5316, 5318, 5320, 5338, 5404, and 5406 Peden
Point Road. The proposed new lot and structure would be the eighth residential structure and sixth parcel of land
to utilize the existing 30’ wide access easement for sole means of ingress and egress to Peden Point Road.
Section 61.2-1 of the county’s Zoning Ordinance dictates access requirements for structures:
61.2-1: Every structure hereafter erected or moved shall be on a lot adjacent to a road as defined in Section
23-86, or to a right-of-way or easement which was platted and recorded prior to 1969. The following are
exempt from the requirements of this Section: (1/5/81) (8/2/82).
(1) Lots of record prior to the adoption of this Ordinance that have sufficient area to meet the
minimum requirements of the district in which they are located;
(2) Structures that are to be used in conjunction with a bona fide farming operation; and,
(3) Building lots having access over a private driveway or easement at least thirty (30) feet in
width (5/1/89) to a road as defined in Section 23-86, provided the driveway or easement is an
easement appurtenant to three (3) or fewer lots and the easement is solely owned by a lot
owner or in common by three (3) or fewer lot owners.
Based on the language in subsection 3 in Section 61.2-1, the proposed new parcel of land would increase the
degree of an existing nonconforming situation. The applicants contend that no opportunities for a new access
easement are possible, nor is widening and improving the existing access easement to conform to the design
requirements for a local street, including a 45’ easement or right-of-way width and 22’ wide improved (paved)
travelway.
ZBA-907, 5/16 Page 2 of 2
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where,
due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In
granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the
Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to
grant a variance. A variance shall not be granted by the Board unless and until the following findings are made:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary
to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the property, such as location, size, or
topography. Hardships resulting from personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or the general public, may not be the basis for granting
a variance.
3. The hardship did not result from actions taken by the applicant or the property owner. The act of
purchasing property with knowledge that circumstances exist that may justify the granting of a variance
shall not be regarded as a self-created hardship.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
ACTION NEEDED (Choose one):
1. Motion to approve the variance request based on the findings of fact (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to deny the variance request based on specific negative findings in any of the 4 categories
above.