BZA 05-17-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
May 17, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of January 19, 2016
PUBLIC HEARING
3) Variance Request #01-16 of George M. Murphy for a 40 foot left side yard variance
to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40
foot right side yard variance to a required 50 foot right side setback resulting in a 10
foot right side setback and a 25 foot rear yard variance to a required 50 foot yard
setback resulting in a 25 rear yard setback. This property is located south side of
Bufflick Road (Route 776), 0.36 miles east of intersection with Front Royal Pike
(Route 522) and is identified with Property Identification Number 64B-A-54A in the
Shawnee Magisterial District.
4) Variance Request #02-16 of George M. Murphy for a 40 foot left side yard variance
to a required 50 foot left side yard setback will result in a 10 foot left side yard setback
and a 40 foot right side yard variance to a required 50 foot right side yard setback will
result in a 10 foot right side yard setback. This property is located south side of
Bufflick Road (Route 776), 0.34 miles east of intersection with Front Royal Pike
(Route 522) and is identified with Property Identification Number 64B-A-54B in the
Shawnee Magisterial District.
5) Variance Request #03-16 of George M. Murphy for a 40 foot left side yard variance
to a required 50 foot left side yard setback will result in a 10 foot left side yard setback
and a 40 foot right side yard variance to a required 50 foot right side yard setback will
result in a 10 foot right side yard setback. This property is located south side of
Bufflick Road (Route 776), 0.32 miles east of intersection with Front Royal Pike
(Route 522) and is identified with Property Identification Number 64B-A-55 in the
Shawnee Magisterial District.
Other
MINUTES FOR
THE
JANUARY 19, 2016
BZA MEETING
DRAFT
Frederick County Board of Zoning Appeals Page 1676
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on January 19, 2016.
PRESENT: Bruce Carpenter, Vice-Chairman, Gainesboro District; John Cline, Stonewall District;
Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District; and Ronald Madagan,
Member at Large.
ABSENT: Eric Lowman, Chairman, Red Bud District
STAFF
PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Vice-Chairman Carpenter at 3:30 p.m. and he determined
there is a quorum.
Vice-Chairman Carpenter led the Pledge of Allegiance.
Vice-Chairman Carpenter asked if there will be a February meeting. Mr. Cheran responded
there no applications at this time. The official cut-off date is Friday, January 22, 2016.
On a motion made by Mr. Cline and seconded by Mr. Scott, the minutes for the December 15,
2015 meeting were unanimously approved as presented.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Vice-Chairman Carpenter opened the floor for nominations for Chairman. Mr. Scott made a
motion to nominate Mr. Lowman and Mr. Madigan seconded the motion. The floor was closed
for nominations. The vote was unanimous for Mr. Lowman as Chairman.
Vice-Chairman Carpenter opened the floor for nominations for Vice-Chairman. Mr. Shirley
made a motion to nominate Mr. Carpenter and Mr. Scott seconded the motion. The floor was
closed for nominations. The vote was unanimous for Mr. Carpenter as Vice-Chairman.
DRAFT
Frederick County Board of Zoning Appeals Page 1677
Vice-Chairman Carpenter opened the floor for nominations for Secretary. Mr. Shirley made a
motion to nominate Mrs. Deeter and Mr. Scott seconded the motion. The floor was closed for
nominations. The vote was unanimous for Mrs. Deeter as Secretary.
Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday
of the month.
Mr. Scott made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on
the third Tuesday of the month. Mr. Madigan seconded the motion and the vote was
unanimous.
Vice-Chairman Carpenter asked if anyone had questions on the Adoption of the Bylaws. On a
motion by Mr. Shirley and seconded by Mr. Madigan the Bylaws were approved as presented to
the Board and the vote was unanimous.
Vice-Chairman Carpenter read the appreciation of resolution for Mr. Jeremy D. McDonald and
will be delivered to Mrs. McDonald by Mr. Madigan. On a motion made by Mr. Shirley and
seconded by Mr. Scott resolution was accepted.
PUBLIC HEARING
Mr. Cheran came forward to present Variance Request #08-15 of Casey Greathouse for a 93.0
foot right side yard variance to a required 200 foot side yard setback resulting in a 107 foot side
yard setback. This property is located in the Babbs Creek Estates, Lot 10, at the end of Cheran
Lane. The property is identified with Property Identification Number 21-9-1-10 in the
Gainesboro Magisterial District.
Mr. Cheran stated the reason for the variance is the lot has extreme topography issues and
ponds and streams that do not leave a suitable house site.
Mr. Cheran noted this rural preservation subdivision was established in 2008. In 2008, the
setbacks for Lot 10 were 45 feet right side, 50 feet left side, and rear 40 feet per the
requirement of the rural preservation subdivision. The Tract 2 was created in 2007 and was not
part of the subdivision. This tract has a recorded setback of 100 feet front, sides and rear. In
2015, the previous owner consolidated Lot 10 and Tract 2 resulting in setback of front 45 feet,
rear and left side of 40 feet and right side 200 feet.
April 27, 2011, the Frederick County Board of Supervisors amended the setback for the Rural
Areas (RA) Zoning District. Properties adjoining an Agricultural and Forestal District will have a
minimum setback of 200 feet. The Applicant’s right side of property adjoins an Agricultural and
Forestal District. The Applicant’s setbacks are now 45 feet front, 40 feet rear, 15 feet left side,
and 200 feet right side.
DRAFT
Frederick County Board of Zoning Appeals Page 1678
In conclusion, Mr. Cheran stated the Applicant has consolidated the property but was caught in
between the Agricultural District setback and the topography issue and this was not self-
inflicted. Mr. Cheran recommended approval of this variance because the Applicant has
applied for a variance and is coming to the County before construction starts and the Board
should take into consideration the Agricultural District setback.
Mr. Oates of GreyWolfe was representing the Applicant. Mr. Oates gave a background that the
Applicant’s grandfather owned this property many years ago. Then Mr. Hicks bought the
property and turned the property into a subdivision. The Applicant is trying to buy back the
foreclosed property. The Applicant has purchased two lots. One parcel has a pond, drainfield,
and road on it and this was going to be the building site. The Applicant went to apply for a loan
from the bank and the bank wanted the two lots consolidated into one. The Applicant
consolidated the lots for the loan. Next the Applicant ordered his home and was getting ready
to build and found out the original plat had a 100 foot setback and now has a 200 foot setback
because of the new regulation of the Agricultural and Forestal District setback.
Mr. Oates noted that he spoke with adjoining property owner Mr. DeHaven and where the
house will be located, is still over 100 feet away from the adjoining property line. Mr. DeHaven
didn’t have a problem with the Applicant’s house being closer to his property line.
Mr. Oates commented that if the variance is not approved, the Applicant will need to come
before the Board again requesting a variance for the front setback.
Mr. Oates stated he would answer any questions the Board might have.
Mr. Shirely asked has the construction of the house started? Mr. Oates replied no, the
Applicant has just order the dwelling. No work has been done on the site. Mr. Oates has only
staked the property line for the Applicant.
Mr. Scott inquired to the size of the home. Mr. Oates thinks it is approximately 1400 to 1600
square feet in size.
Vice-Chairman Carpenter noted that no one came out to oppose or speak for the Applicant.
Public Hearing Closed
No discussion
Mr. Scott made a motion to approve Variance Request #08-15 for Casey Greathouse for a 93.0
foot right side yard variance to a required 200 foot side yard setback resulting in a 107 foot side
yard setback and Mr. Madagan seconded and passed unanimously.
DRAFT
Frederick County Board of Zoning Appeals Page 1679
Respectfully yours,
_______________
Bruce Carpenter
______________
Pamala Deeter
VARIANCE REQUEST #01-16
OF
GEORGE M. MURPHY
VARIANCE APPLICATION #01-16
GEORGE M. MURPHY
Staff Report for the Board of Zoning Appeals
Prepared: May 2, 2016
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
May 17, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Bufflick Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64B-A-54A
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RP (Residential Performance) Use: Open Space
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 40 foot left side yard variance to a
required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard
variance to a required 50 foot right side setback resulting in a 10 foot right side setback and a 25 foot
rear yard variance to a required 50 foot rear yard setback resulting in a 25 rear yard setback.
REASON FOR VARIANCE: The property is 0.5165 acres in size, and due to exceptional
narrowness of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning
District setback requirements.
Variance #01-16 – George M. Murphy
Page 2
May 2, 2016
STAFF COMMENTS: This property was created in 1937 with the Lela M. Miller Subdivision and
the adjoining properties were created prior to 1937. Frederick County adopted zoning in 1967. The
Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in
1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the front
and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the A-2
Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of
Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the
current setbacks for this property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and
50 feet on the right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 40 foot variance on the left
side and the right side, from the required 50 foot side setback resulting in a 10 foot left side and right
side yard setback. The Applicant is also requesting a 25 foot rear variance resulting in a 25 foot rear
setback. This rear variance is needed as the property has a wet weather stream located on this
property. Should this variance be granted, the building setbacks for this property would be 60 feet in
the front, 25 feet in the rear, and 10 feet left and right side.
STAFF CONCLUSIONS FOR THE MAY 17, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
These proposed setbacks of 60 feet front, 10 foot left and right side, and 25 foot rear would be
consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2)
Variance #01-16 – George M. Murphy
Page 3
May 2, 2016
and the Code of Frederick County. This request from current setbacks of the RA (Rural Areas)
Zoning District may be justified.
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
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Parcels
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 26, 2016Staff: mcheran
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VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
0 110 22055 Feet
VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
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Building Footprints
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 26, 2016Staff: mcheran
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VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
0 110 22055 Feet
VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16
VARIANCE REQUEST #02-16
OF
GEORGE M. MURPHY
VARIANCE APPLICATION #02-16
GEORGE M. MURPHY
Staff Report for the Board of Zoning Appeals
Prepared: May 2, 2016
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
May 17, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Bufflick Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64B-A-54B
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RP (Residential Performance) Use: Open Space
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 40 foot left side yard variance to a
required 50 foot left side yard setback resulting in a 10 foot left side yard setback, and a 40 foot right
side yard variance to a required 50 foot right side yard setback resulting in a 10 foot right side yard.
REASON FOR VARIANCE: The property is 0.5165 acres in size, and due to exceptional
narrowness of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning
District setback requirements.
Variance #02-16 – George M. Murphy
Page 2
May 2, 2016
STAFF COMMENTS: This property was created in 1937 with the Lela M. Miller Subdivision and
the adjoining properties were created prior to 1937. Frederick County adopted zoning in 1967. The
Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General)
in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the
front and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the
A-2 Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board
of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the
current setbacks for this property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and
50 feet on the right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 40 foot variance on the left
side and the right side, from the required 50 foot side setback resulting in a 10 foot left side and right
side yard setback. Should this variance be granted, the building setbacks for this property would be
60 feet in the front, and 10 feet left and right side.
STAFF CONCLUSIONS FOR THE MAY 17, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
These proposed setbacks of 60 feet front, 10 feet left and right side and 50 feet rear would be
consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2)
and the Code of Frederick County. This request from current setbacks of the RA (Rural Areas)
Zoning District may be justified.
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
0 110 22055 Feet
VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
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Building Footprints
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VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16
VARIANCE REQUEST #03-16
OF
GEORGE M. MURPHY
VARIANCE APPLICATION #03-16
GEORGE M. MURPHY
Staff Report for the Board of Zoning Appeals
Prepared: May 2, 2016
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
May 17, 2016
Public Hearing; Action Pending
LOCATION: The property is located Bufflick Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64B-A-55
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RP (Residential Performance) Use: Open Space
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 40 foot left side yard variance to a
required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard
variance to a required 50 foot right side setback resulting in a 10 foot right side setback.
REASON FOR VARIANCE: The property is 0.5165 acres in size, and due to exceptional
narrowness of the parcel a structure cannot be built with the current RA (Rural Areas) Zoning
District setback requirements.
Variance #03-16 – George M. Murphy
Page 2
May 2, 2016
STAFF COMMENTS: This property was created in 1937 with the Lela M. Miller Subdivision and
the adjoining properties were created prior to 1937. Frederick County adopted zoning in 1967. The
Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in
1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the front
and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the A-2
Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of
Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the
current setbacks for this property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and
50 feet on the right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 40 foot variance on the left
side and the right side, from the required 50 foot side setback resulting in a 10 foot left side and right
side yard setback. Should this variance be granted, the building setbacks for this property would be
60 feet in the front, and 10 feet left and right side.
STAFF CONCLUSIONS FOR THE MAY 17, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
These proposed setbacks of 60 feet front, 10 feet left and right side, and 50 feet rear would be
consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2)
and the Code of Frederick County. This request from current setbacks of the RA (Rural Areas)
Zoning District may be justified.
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
SU
L
G
R
A
V
E
C
T
AVIA
T
O
R
P
L
BUFFL
I
C
K
R
D
Applications
Parcels
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 26, 2016Staff: mcheran
BUFF
L
I
C
K
R
D
BRI
G
S
T
O
C
K
D
R
AVIA
T
O
R
P
L
AIRM
A
N
W
A
Y
LEAF
I
E
L
D
C
T
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
0 110 22055 Feet
VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16
64B A 54A
64B A 54B
64B A 55
201BRIGSTOCK DR 112AVIATOR PL
324BUFFLICK RD
316BUFFLICK RD
300BUFFLICK RD
298BUFFLICK RD
282BUFFLICK RD
282BUFFLICK RD
256BUFFLICK RD
301BUFFLICK RD
244BUFFLICK RD
299BUFFLICK RD
234BUFFLICK RD
287BUFFLICK RD
226BUFFLICK RD
277BUFFLICK RD
218BUFFLICK RD
269BUFFLICK RD
265BUFFLICK RD
259BUFFLICK RD
243BUFFLICK RD
233BUFFLICK RD
223BUFFLICK RD 262BUFFLICK RD
SU
L
G
R
A
V
E
C
T
AVIA
T
O
R
P
L
BUFFL
I
C
K
R
D
Applications
Parcels
Sewer and Water Service Area
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 26, 2016Staff: mcheran
BUFF
L
I
C
K
R
D
BRI
G
S
T
O
C
K
D
R
AVIA
T
O
R
P
L
AIRM
A
N
W
A
Y
LEAF
I
E
L
D
C
T
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
0 110 22055 Feet
VAR #03-16
VAR # 01 - 16 thru # 03 - 16George MurphyPINs:64B - A - 54A, 64B - A - 54B, 64B - A - 55
VAR #02-16
VAR #01-16