HomeMy Public PortalAbout1991_11_12_O052- Th . -To n of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED November 12, 1991
91-0-52 ADOPTED November 12~ 1991
APPROVING AN A1KENDMENT TO REZON1NG APPLICATION #ZM-66
POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY (PRC) TO
AI.I,OW ENCROACHMENTS INTO REAR YARD SETBACKS FOR DECKS
WHEREAS, the approved Potomac Crossing PRC Rezoning Plan #ZM-66 requires a minimum
twenty (20) foot rear yard setback for all townhomes and single-f, mily detached homes in Phase 1 and
a minimum twenty-five (25) foot rear yard setback for all remaining single-family detached homes; and
WHEREAS, the provision for above-grade decks was neither illustrated nor described on the
approved rezoning plan; and
WHEREAS, Section 7A-5(3)e. of the Leesburg Zoning Ordinance requires a deck, three feet above
grade or higher, to be not closer than twenty (20) feet from the property line; and
WHEREAS, townhomes and single-family detached homes which are constructed up to the
minimum rear yard requirement are either unable to accommodate an elevated deck, or may only
construct an elevated deck which is up to five (5) feet in depth, respectively; and
WHEREAS, applications to the Board of Zoning Appeals for variances are not recommended in this
case, as the hardship is not unique to an individual homeowner/applicant; and
WHEREAS, on May 30, 1991, the Potomac Crossing Homeowners Association Advisory Committee
requested that the Town Council consider methods to resolve this oversight and resulting problem within
the Potomac Crossing PRC, the first planned development district in the Town of Leesburg; and
WHEREAS, a rezoning plan text amendment was initiated by the Town Council as an appropriate
method to provide relief for Potomac Crossing homeowners by allowing an encroachment into the
required rear yard setback for decks, three (3) feet above-grade or higher; and
WHEREAS, the Planning Commission, on August 8, 1991, recommended approval of rezoning
application #ZM-131:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg hereby approves an amendment to the approved Potomac
Crossing Planned Residential Community Rezoning Plan #ZM-66 as follows: "An elevated deck, three
-2-
APPROVING AN AMENDMENT TO ~,zONING APPLICATION #ZM-66 POTOMAC CROSSING
PLANNED RESIDENTIAL COMMUNITY (PRC) TO ALLOW ENCROACHMENTS INTO REAR YARD
SETBACKS FOR DECKS
(3) feet above-grade or higher, can encroach a maximum of ten (10) feet into the minimum required rear
yard setback for all townhomes and single-f~mily detached homes in Phase 1 and a maximum of five
(5) feet into the required rear yard setback for all remaining single-f~mily detached homes."
SECTION II. This ordinance shall be effective upon its passage.
PASSED this 12th day of November , 1991.
ATTEST:
Clerk of Council
Town of Leesburg