Lancaster County BZA approves 105-foot setback variance for Knowles 2 lot amid neighbor drainage complaints

The Lancaster County Board of Zoning Appeals on April 23 approved a variance allowing Knowles 2 LLC to place a single-family residence with a 105-foot setback from the center line of VSH 200 (Irvington Road) on Lot 1 of the Knowles subdivision.

County planner Miss Pruitt told the board the applicant requests a variance from the Highway Corridor Overlay setback requirement in Article 26-5 of the Lancaster County land development code and explained how the requested 105-foot measurement is derived: the subdivision plat shows an 80-foot building restriction line measured from the property line, and adding the 25-foot difference to the property-line measurement produces 105 feet from the road center line. She said the subdivision was approved on 05/30/1990 and was created before the overlay rule took effect, but the overlay contains no grandfather exemption for lots created earlier.

The request, the planner said, is driven by the lot shape and existing side and front setbacks, which together “significantly reduced” the buildable area on the parcel and make it difficult to design a home that also meets the subdivision covenant requiring at least 2,000 square feet of living space (excluding porches and garages).

Tom McCarthy, who identified himself as a Knowles 1 homeowners representative, told the board neighbors are concerned about drainage and erosion. “When you go from 3 drain pipes down to 2, that means you’re increasing the volume of water that’s going to the pipes of the 2 remaining pipes,” McCarthy said, and he said the change has caused sedimentation and a driveway washout on his property. McCarthy said one pipe in front of Lot 1 and Lot 2 was closed and the flow routed to a third pipe, and he asked the county and VDOT to address the outfall that receives road drainage.

The applicant, Ty Brent, responded that the Knowles 2 application contains no planned changes to existing drainage patterns. “The lot I’m not sure has anything to do with the drainage under Route 200… we’re not doing anything,” Brent said. County staff reiterated that the pipe in question is a VDOT facility receiving road drainage and that concerns about the pipe itself would be directed to VDOT. A county staff member told McCarthy, “I’d be happy to meet with Mr. McCarthy and the neighbors and facilitate a meeting with VDOT,” and offered to review whether VDOT or DEQ approvals or design changes are appropriate.

After discussion about the hardship created by the overlay requirement on a preexisting lot, a board member moved to approve the requested variance; a second followed and the presiding officer called for the vote. The motion passed by voice vote.

The board did not record a roll-call tally in the meeting minutes supplied; the presiding officer announced the motion passed and advised the parties that county staff could help facilitate further meetings with VDOT about drainage.

What this means: the variance permits construction within the altered setback line for Lot 1 of the Knowles subdivision as described on the plat; any separate permitting or regulatory approvals for on-site septic systems, stormwater, or VDOT-managed drainage remain subject to review by the relevant agencies.