Washington County hearing approves 20-foot setback variance for Taylor Valley Road property

A Washington County hearing approved a zoning variance allowing homeowners Bonnie and Matthew Sullivan to build closer to a side right-of-way on a 1.53-acre parcel at 23660 Taylor Valley Road in Damascus, Va.

The approval reduces the setback on the left side of the lot from the 100-foot requirement that applies in the Highlands Recreation Zoning District to 20 feet, as shown on page 12 of the meeting packet. The board voted by voice; the motion passed and the chair said, "The ayes have it." The packet page cited by the motion is the only record in the hearing identifying the exact 20-foot figure.

The variance request, presented by residential builder Daniel Swanson on behalf of Bonnie and Matthew Sullivan, was prompted by the lot—s narrow width and by an existing recorded right-of-way along the property—s left edge. Swanson told the hearing he and the owners had the parcel surveyed and found that the district—s 100-foot setback from Taylor Valley Road would also apply to the left-side recorded right-of-way. He said that combination would leave little or no buildable area.

"Since it's in the Highlands Recreation District, we learned quickly that we needed a hundred foot setback from the from the from the Taylor Valley Road right away," Swanson said. He asked the board for a reduction "as little as 25 feet" and added, "But 20 will be ideal." Swanson said the plan calls for the driveway to run up the left side of the lot and that the builders would avoid encroaching on the adjoining right-of-way.

Matt Sullivan, speaking for his family, described a long family history with the parcel and said the goal is to rebuild for future generations. "Bonnie's grandparents owned that property for 80 years or more," Sullivan said. He told the panel the family intends to place the house on the surveyed location and preserve the 100-foot front setback from Taylor Valley Road shown on the survey.

Jeff Sullins, an adjacent property owner whose land and the recorded right-of-way run behind the Sullivan parcel, spoke in support. "I'm good with letting them build a house there," Sullins said, noting a creek runs between his right-of-way and the proposed house site and saying encroachment on his right-of-way was not possible.

Board members questioned whether to put a specific setback number on the record because there was no final house plan. One board member said a set number should be chosen so the record would show the exact reduction; another said the approval could be made contingent on a final plot. The motion that passed cited the 20-foot setback as drawn on packet page 12.

The hearing record shows the following clarifications from the presentations and discussion: the parcel is listed as Property Tax Map 174-1-1 and is described in the packet as approximately 1.53 acres; survey work was performed by Addison Surveyors; the front (road-facing) 100-foot setback shown on the survey will remain; the side yard setback on the left side was reduced to 20 feet in the approved variance; the creek between the house site and the recorded right-of-way separates the proposed building site from the right-of-way; notice of the hearing was returned as received for Beth Richardson.

The board closed the hearing after the vote and then adjourned. The decision appears to resolve the immediate zoning restriction that, as presented at the hearing, would have left the parcel effectively unbuildable under the 100-foot setback rule on both the front and left-side recorded right-of-way.