HomeMy Public PortalAbout1991_07_09_R149The Town of
Leesburg,
Virginia
RESOLUTION NO.
A RESOLUTION:
91-149
INITIATING
REZONING
PRESENTED July 9, 1991
ADOPTED July 9.;4. 1991
AND REFERRING AN AMENDMENT TO APPROVED
APPLICATION #ZM-66 POTOMAC CROSSING PLANNED
RESIDENTIAL COMMUNITY TO THE PLANNING COMMISSION FOR
PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE
OF VIRGINIA, AS AMENDED.
WHEREAS, the approved Potomac Crossing PRC Rezoning Plan #ZM-66 requires a minimum
twenty (20) foot rear yard setback for townhomes and a minimum twenty-five (25) foot rear yard
setback for single-family 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 no closer than twenty (20) feet from the property line; and
WHEREAS, townhomes and single-family 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 Home Owners Association Advisory
Committee requested to town staff that the Town Council consider the initiation of a rezoning plan
amendment 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 is the 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:
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Initiating and Referring an Amendment to Approved Rezoning Application #ZM-66 Potomac Crossing
Planned Residential Community to the Planning Commission for Public Hearing Under Chapter 11,
Title 15.1 of the 1950 Code of Virginia, as Amended.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Leesburg hereby initiates consideration of an amendment to the
approved Potomac Crossing Planned Residential Community Rezoning Plan #ZM-66 as follows:
"An elevated deck, three (3) feet above-grade or higher, can encroach a maximum of ten (10) feet into
the minimum required rear yard setback for townhomes and a maximum of five (5) feet into the
required rear yard setback for singie-family detached homes."
SECTION II. The above initiated rezoning plan amendment is hereby referred to the Leesburg
Planning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the 1950
Code of Virginia, as amended.
PASSED this 9th day of July , 1991.
ATTEST:
Clerk of Council
Robert E. Sevil~ Mayor
Town of Leesburg