ZBA-908 Staff SummaryZBA-908, 5/16 Page 1 of 2
VARIANCE REQUEST
ZONING BOARD OF ADJUSTMENT
May 24, 2016
CASE: ZBA-908, 5/16
PETITIONER: Lloyd Rothschild, applicant, on behalf of LRR No. 2 Properties, LLC, property owner
REQUEST: 15’ variance from the 30’ front yard requirement in the R-20S zoning district per Section 51.4 of
the Zoning Ordinance
LOCATION: 3109 Rivendell Place
PID: R04419-001-068-000
ZONING: R-20S, Residential District
PETITIONER’S REQUEST:
Dr. Lloyd Rothschild, applicant, on behalf of LRR No. 2 Properties, LLC, property owner, is requesting a 15’ variance
from the 30’ front yard requirement in the R-20S zoning district. Dr. Rothschild is proposing to build a 2260 sq. ft.
home with attached 2 car garage on the subject property, which is located at 3109 Rivendale Place.
BACKGROUND AND ORDINANCE CONSIDERATIONS:
The subject property was recorded in 1995 as “Lot 47” of the subdivision plat for Phase II of Demarest Landing
and contains approximately 0.48 acres. The property is an irregular shaped parcel, partially due to the meandering
right-of-way for Rivendell Place, which features a unique turn-around in front of the subject parcel.
Demarest Landing is zoned R-20S, and therefore the structure setbacks are subject to the minimum yard
requirements of Section 51.4-2 of the Zoning Ordinance:
51.4-2: Dimensional Requirements:
(1) Minimum Lot area 20,000 Square Feet
(2) Minimum Lot width 90 feet
(3) Minimum Front Yard 30 feet
(4) Minimum Side Yard 15 feet
(5) Minimum Rear Yard 25 feet
(6) Maximum Height 35 feet
The petitioner’s narrative accompanying the application details the options that were exhausted prior to seeking
the variance, including numerous plans and revisions.
ZBA-908, 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.