BZAAgenda2024October151.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of August 20, 2024
4.Public Hearings
4.A.Variance #22-24 for Sandra Diaz & Andrew Politano
Submitted a request for an 8-foot rear yard variance to a required 25-foot rear yard
setback which will result in a 17-foot rear yard setback for a deck. The property is
located at 106 Triangle Court, Winchester and is identified with Property Identification
Number 55N-1-4-126 in the Red Bud Magisterial District.
4.B.Variance #23-24 for Kee Construction (John & Vicki O'Donnell)
Submitted a request for a 35-foot variance to a required 100-foot left yard setback
which will result in a 65-foot left yard setback for an addition of a family room, laundry
room, and a deck. The property is located at 202 Steepwood Lane, Winchester and is
identified with Property Identification Number 55-A-143A in the Stonewall Magisterial
District.
4.C.Variance #24-24 for Mike Artz (Karina & Daniel Granado)
Submitted a request for a 35-foot left yard variance to a required 50-foot left yard
setback which will result in a 15-foot left side yard setback and a 35-foot right yard
variance to a required 50-foot right yard setback which will result in a 15-foot right yard
setback for a structure. The property is located on the left (north) side of Campbell
Lane, Winchester and is identified with Property Identification Number 85A-2-A-12 in
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, OCTOBER 15, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA10-15-24MeetingMinutesAugust20.pdf
BZA10-15-24_VAR22-24_Redacted.pdf
BZA10-15-24_VAR23-24_Redacted.pdf
1
the Opequon Magisterial District.
5.Other
BZA10-15-24_VAR24-24_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 15, 2024
Agenda Section: Meeting Minutes
Title: Minutes of August 20, 2024
Attachments:
BZA10-15-24MeetingMinutesAugust20.pdf
3
Frederick County Board of Zoning Appeals 1916
August 20, 2024
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 August 20, 2024.
PRESENT: Eric Lowman, Chairman, Red Bud District; Dwight Shenk, Gainesboro District;
James Prohaska, Opequon District; Dudley Rinker, Vice-Chairman, Back Creek District; John
Cline, Stonewall District; Dolores Stottlemyer, Shawnee District and Ronald Madagan, Member
at Large.
ABSENT:
STAFF PRESENT: Mark Cheran, Zoning Administrator; Bryton Dean, Zoning Inspector and
Pamala Deeter, BZA Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there was
a quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there are any applications for September. We do have an application
for the September meeting.
A motion made by Mr. Cline and seconded by Mr. Shenk the minutes for the June 18, 2024, meeting
was unanimously approved.
Mr. Cheran explained that we have four appeals listed on the agenda submitted by Hughes & Smith
Inc. The attorney representing Hughes & Smith recommended to table these items. Mr. Cheran
reported that the Company is working with the County to come with a solution that would benefit
everyone. The Company is submitting a site plan and will be reviewed by our department. This is a
Company that could bring revenue to the County. For the record, we need to have a motion on the
four appeals.
A motion was made by Mr. Shenk and seconded by Mr. Rinker that the four appeal applications for
Hughes & Smith be tabled at this time. There was an unanimously vote to table.
4
Frederick County Board of Zoning Appeals 1917
August 20, 2024
PUBLIC HEARING
Chairman Lowman read Variance #14-24 for Donald Adams submitted a request for a 7-foot right
side yard variance to a required 15-foot right side yard setback which will result in an 8-foot right-side
setback for an extension of a dining room. The property is located at 1490 Old Bethel Church Road
(Route 608), in Winchester and is identified with Property Identification Number 30-A-144A in the
Gainesboro Magisterial District.
Mr. Cheran reported this parcel is in the RA (Rural Areas) District and was created in 1947. The
current use is residential. The Applicant is requesting a 7-ft right side yard setback to a required
15-ft right side yard setback which will result in 8-ft right side for an addition.
The County adopted zoning in 1967. The historical map shows this property as a A-1 (Agricultural
Limited). When the ordinance was adopted the setbacks for the property were 35-feet for the front
yard and 15-feet for the side yard. Ordinance was amended in 1989 changing the zoning to a RA
(Rural Areas) District. The current setbacks for this property are: 60-feet to the front, 50-feet to
the rear and 50-feet to the sides.
Staff noted that this parcel had a variance approved in 2006 with setbacks of 40-foot right side yard
and 35-foot left side yard variance resulting in a 10-foot right side yard and a 15-foot left side yard
for a dwelling. The applicant went through the same process. Usually, the Board only grants one
variance per parcel unless extenuating circumstances such as measured wrong or rock ledge.
Staff continued with The Code of Virginia 15.2-2309 (2) and Code of Frederick Couty 165-
1001.02, 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. Any hardship was not created by the applicant for the variance.
3. The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4. The condition or situation of the property concerned is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
5. 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.
6. The relief or remedy sought by the variance is not available through a special exception or the
process for modification of a zoning ordinance.
Chairman Lowman asked the Applicant, Mr. Adams, to come forward.
5
Frederick County Board of Zoning Appeals 1918
August 20, 2024
Mr. Adams commented, at the time the house was built, the family was smaller and now the family
is growing.
Chairman Lowman asked if anyone would like to speak in favor or opposition of this variance to come
forward. No one came forward.
Public Hearing Closed
Discussion
Several members of the Board visited the parcel and commented. Mr. Shenk asked if he contacted the
next-door neighbor. Mr. Adams replied yes. Mr. Cline confirmed that he is only asking for the right-
side variance. Mr. Cheran replied yes. Mr. Madagan noted that the extension wouldn’t be any closer
to the property line once he removes the outdoor fence to build.
On a motion made by Mr. Shenk to approve the Variance #14-24 Donald Adams and was seconded by
Mr. Madagan, the request was unanimously approved as presented.
Public Hearing
Chairman Lowman read Variance #15-24 for Vito and Danielle Marzarella submitted a request for an 8-
foot rear yard variance to a required 25-foot rear yard setback which will result in a 17-foot rear setback for
a covered deck. The property is located at 120 Triangle Court, Winchester and is identified with Property
Identification Number 55N-1-4-133 in the Red Bud Magisterial District.
Mr. Cheran presented the staff report and maps. The property owner cannot meet the current rear setback for
the RP (Residential Performance) District for a deck.
This property was created in 2020 as part of the Abrams Pointe subdivision that is zoned RP Zoning District.
This parcel is known as a pipe stem property. The setbacks for this property are front 20-feet, left and right
side 20-feet and rear 25-feet. The Applicant is requesting to build a deck on the rear of the dwelling.
Staff concluded with The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-1001.02,
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. Any hardship was not created by the applicant for the variance.
3. The granting of the variance will not be a substantial detriment to adjoining property of nearby
properties in the proximity of that geographical area.
4. The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5. 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.
6. The relief or remedy sought by the variance is not available through a special exception or the process
for modification of a zoning ordinance.
Mr. Cheran mentioned that the variance does meet The Code of Virginia and Frederick County Code.
6
Frederick County Board of Zoning Appeals 1919
August 20, 2024
Chairman Lowman asked the Applicant to come forward and if he wanted to make a statement to the Board
or the Board might have a question for him.
Mr. Marzarella came forward and made his statement about the deck. He pointed out that his land backs up
to wooded open space.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance. No one came
forward.
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Cline to approve #15-24 Vito and Danielle Marzarella and seconded by Mr. Rinker
the request was unanimously approved.
Appeal #16-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) submitted to Appeal
the Decision of the Zoning Administrator, letter dated July 9, 2024, as it relates to Zoning Ordinance, Chapter
165, Section 603.02 Allowed uses in the B2 (General Business) Zoning District. The property is located off
Millwood Pike (Route 50) to Costello Drive (Route 1367) and is identified with Property Identification
Number 64-10-1 in the Shawnee Magisterial District. Tabled
Appeal #17-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) submitted to Appeal
the Decision of the Zoning Administrator, letter dated July 9, 2024, as it relates to Zoning Ordinance, Chapter
165, Section 603.02 Allowed uses in the B2 (General Business) Zoning District. The property is located off
Millwood Pike (Route 50), proceed to Prince Frederick (Route 781) to Costello Drive (Route 1367) and is
identified with Property Identification Number 64-10-2 in the Shawnee Magisterial District. Tabled
Appeal #18-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) submitted to Appeal
the Decision of the Zoning Administrator, letter dated July 9, 2024, as it relates to Zoning Ordinance, Chapter
165, Section 607.02 Allowed uses in the M2 (Industrial General) Zoning District. The property is located
off Millwood Pike (Route 50) to 177 Ryco Lane and is identified with Property Identification Number 64-10-
100A in the Shawnee Magisterial District. Tabled
Appeal #19-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) submitted to Appeal
the Decision of the Zoning Administrator, letter dated July 9, 2024, as it relates to Zoning Ordinance, Chapter
165, Section 607.02 Allowed uses in the M2 (Industrial General) Zoning District. The property is located
off Millwood Pike (Route 50) to 179 Ryco Lane and is identified with Property Identification Number 64-10-
100B in the Shawnee Magisterial District. Tabled
Public Hearing
Chairman Lowman read Variance #20-24 for Alan & Alan Newlin II (Michael Artz, POA) submitted a
request for a 32-foot front yard variance to a required 60-foot front yard setback which will result in a 27.8-
foot front setback and 10-foot left side yard variance to a required 15-foot left side yard setback which will
result in a 5-foot left side setback for an accessory structure. The property is located at Route 50 west to the
7
Frederick County Board of Zoning Appeals 1920
August 20, 2024
southeastern intersection of Stonewall Circle and Round Hill Road and is identified with Property
Identification Number 53B-1-12 in the Back Creek Magisterial District.
Mr. Cheran presented the staff report and maps. The reason for the variance the Applicant cannot meet
the current RA (Rural Areas) District setbacks for an accessory structure. Staff gave a brief history
of the parcel. This lot was created in 1948 with 18,325+/- square foot and is part of the Stonewall
Orchards Subdivision. Staff noted this is a corner lot and has two fronts. Since the property does not
have building restriction lines on the plat, the Applicant would need to follow today’s setbacks. The
historical maps show this property as being zoned A-2 (Agricultural General) in 1967. At that time
the ordinance was adopted, the setbacks were 35-feet for the front, 35-feet for left and right-side yards
and 35-feet for the rear. In 1989 the zoning ordinance changed the A-2 (Agricultural General) District
to the RA (Rural Areas) District. The Board of Supervisors on February 28, 2007, changed the
setbacks for the RA (Rural Areas) to 60-feet for the front and 15-feet left side yard.
Mr. Cheran reiterated The Code of Virginia and Frederick County Code. Staff mentioned that if the
variance was granted for an accessory structure would be in character with surrounding properties.
Mr. Artz came forward because he is representing the applicant. Mr. Artz mentioned that the house is
closer to the road and the accessory structure will be back further from the road. Mr. Artz stated this
house is on a corner lot and has two fronts.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance. No one came
forward.
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Rinker to approve #20-24 Alan Newlin and Alan Newlin II and seconded by Mr.
Shenk the request was unanimously approved.
There being no other business, the meeting adjourned at 4:20.
____________________________________
Eric Lowman, Chairman
____________________________________
Pamala Deeter, Secretary
8
Frederick County Board of Zoning Appeals 1921
August 20, 2024
9
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 15, 2024
Agenda Section: Public Hearings
Title: Variance #22-24 for Sandra Diaz & Andrew Politano
Attachments:
BZA10-15-24_VAR22-24_Redacted.pdf
10
VARIANCE #22-24
Applicant Name Sandra Diaz & Andrew Politano
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 27, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 15, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 55N-1-4-126
Address 106 Triangle Ct.
Magisterial District Red Bud
Acreage 0.36 +/- acres
Zoning & Present Land Use Zoning: RP (Residential Performance)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) Land Use: Open Space
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting an 8-foot variance to a required 25-foot rear yard setback which
will result in a 17-foot rear yard setback for a deck.
Reasoning: The property cannot meet the current RP setbacks for a pipestem lot.
Minimum Variance Requested Resulting Setback
Front 20’ N/A 20’
Left 20’ N/A 20’
Right 20’ N/A’ 20’
Rear 25’ 8’ 17’
Staff Comments:
This property was created in 2020 as part of the Abrams Pointe subdivision and is zoned RP. This
property is a pipestem lot with different setbacks than other RP lot types with respect to reduced
setbacks for decks and similar features. The setbacks for this lot type are noted above.
11
Page 2 of 2
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a)The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d)The condition or situation of the property concerned is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance;
e) The granting of the variance does not result in a use that is otherwise permitted on such
property or change in the zoning classification of the property; and
f)The relief or remedy sought by the variance is not available through a conditional use permit
process or the process for modification of a Zoning Ordinance.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a
request for a variance from the current setbacks of the RP Zoning District and may be
appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
12
55N 1 4 126
109TRIANGLE CT
105TRIANGLE CT
185WILLIAMSON RD
187WILLIAMSON RD
100TRIANGLE CT
102TRIANGLE CT
104TRIANGLE CT
108TRIANGLE CT
110TRIANGLE CT
203WILLIAMSON RD 205WILLIAMSON RD
112TRIANGLE CT
114TRIANGLE CT
116TRIANGLE CT
207WILLIAMSON RD
120TRIANGLE CT
102JENI CT
100JENI CT
TRIANGLE CT
Application
Sewer and Water Service A rea
Parcels
RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024
WATERFORD LN
SHUONERCTPETRY CTMAL
BE
C CTBROOKLANDLN WILLIAMSON RDASTORI
ACTA
B
R
A
M
S P
OIN
T
E B
L
V
D
JENI CT
SUNDIALCT
GREENWOODRDTRIANGLECT
R ID G E R D
PAWN CT
HAROLDCT0 70 14035 Feet
VAR # 22 - 24: Sandra Diaz and Andrew PolitanoPIN: 55N - 1 - 4 - 126Rear VarianceZoning Map
VAR #22 -24
13
55N 1 4 126
109TRIANGLE CT
105TRIANGLE CT
185WILLIAMSON RD
187WILLIAMSON RD
100TRIANGLE CT
102TRIANGLE CT
104TRIANGLE CT
108TRIANGLE CT
110TRIANGLE CT
203WILLIAMSON RD 205WILLIAMSON RD
112TRIANGLE CT
114TRIANGLE CT
116TRIANGLE CT
207WILLIAMSON RD
120TRIANGLE CT
102JENI CT
100JENI CT
TRIANGLE CT
Application
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024
WATERFORD LN
SHUONERCTPETRY CTMAL
BE
C CTBROOKLANDLN WILLIAMSON RDASTORI
ACTA
B
R
A
M
S P
OIN
T
E B
L
V
D
JENI CT
SUNDIALCT
GREENWOODRDTRIANGLECT
R ID G E R D
PAWN CT
HAROLDCT0 70 14035 Feet
VAR # 22 - 24: Sandra Diaz and Andrew PolitanoPIN: 55N - 1 - 4 - 126Rear VarianceLocation Map
VAR #22 -24
14
15
16
17
18
19
20
21
22
23
24
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 15, 2024
Agenda Section: Public Hearings
Title: Variance #23-24 for Kee Construction (John & Vicki O'Donnell)
Attachments:
BZA10-15-24_VAR23-24_Redacted.pdf
25
VARIANCE #23-24
Applicant Name : Kee Construction (John & Vicki O’Donnell)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 27, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: October 15, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 55-A-143A
Address 202 Steepwood Lane
Magisterial District Stonewall
Acreage +/- 3 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 50-foot variance to a required 100-foot left yard setback which
will result in a 50-foot left yard setback for an addition of a family room, laundry room and a
deck.
Reasoning: The property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60’ N/A 60’
Left 100’ 50’ 50’
Right 50’ N/A 50’
Rear 50’ N/A 50’
26
Page 2 of 2
Staff Comments:
This 3-acre property was created in 1967. This property does not have Building Restriction Lines
(BRL) assigned to it and would have to meet the current RA District setbacks. The Frederick
County historical zoning map shows this property as being zoned A-2 (Agricultural General) in
1967. The property setback lines at the adoption of the Zoning Ordinance in 1967 were 35-feet
for the front, 35-feet for the side yards and 35-feet for the rear yard. Frederick County amended
its Ordinance in 1989 to change the A-2 Zoning District to the RA 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 for the front, 50-feet to the rear, and
100-feet left-side yard and 50-feet right-side yard.
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a) The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d) The condition or situation of the property concerned is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance;
e) 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; and
f) The relief or remedy sought by the variance is not available through a conditional use permit
process or the process for modification of a Zoning Ordinance.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a
request for a variance from the current setbacks of the RA Zoning District and may be
appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
27
¬«7
55 A 143A
2663BERRYVILLEPIKE
138STEEPWOOD LN
138STEEPWOOD LN
118STEEPWOOD LN 2597BERRYVILLEPIKE
2621BERRYVILLEPIKE
124TAYLOR CT
126TAYLOR CT
128TAYLOR CT
130TAYLOR CT
197STEEPWOOD LN
183STEEPWOOD LN
132TAYLOR CT
134TAYLOR CT
136TAYLOR CT
135TAYLOR CT
138TAYLOR CT
137TAYLOR CT
BERRYVILLE PIKESTEEPWOOD LNApplication
Sewer and Water Service A rea
Parcels
RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024BURNT FACTORY RDWOODS MILL RDK E M P E RCT
BERRYVILLEPIKE
MILLRACE DR
MEGANLN
BERRYVILLE PIKE
BERRYVILLEPIKE
MORLYNDR
STEEPWOODLNREDBUD RD
¬«7 ¬«7
0 160 32080 Feet
VAR # 23 - 24: Kee ConstructionPIN: 55 - A - 143ARear VarianceZoning Map
VAR #23 -24
28
¬«7
55 A 143A
2663BERRYVILLEPIKE
138STEEPWOOD LN
138STEEPWOOD LN
118STEEPWOOD LN 2597BERRYVILLEPIKE
2621BERRYVILLEPIKE
124TAYLOR CT
126TAYLOR CT
128TAYLOR CT
130TAYLOR CT
197STEEPWOOD LN
183STEEPWOOD LN
132TAYLOR CT
134TAYLOR CT
136TAYLOR CT
135TAYLOR CT
138TAYLOR CT
137TAYLOR CT
BERRYVILLE PIKESTEEPWOOD LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024BURNT FACTORY RDWOODS MILL RDK E M P E RCT
BERRYVILLEPIKE
MILLRACE DR
MEGANLN
BERRYVILLE PIKE
BERRYVILLEPIKE
MORLYNDR
STEEPWOODLNREDBUD RD
¬«7 ¬«7
0 160 32080 Feet
VAR # 23 - 24: Kee ConstructionPIN: 55 - A - 143ARear VarianceLocation Map
VAR #23 -24
29
30
31
32
33
34
35
36
37
38
39
40
41
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 15, 2024
Agenda Section: Public Hearings
Title: Variance #24-24 for Mike Artz (Karina & Daniel Granado)
Attachments:
BZA10-15-24_VAR24-24_Redacted.pdf
42
VARIANCE #24-24
Applicant Name Mike Artz (Karina & Daniel Granado)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 27, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 15, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 85A-2-A-12
Address Campbell Ln.
Magisterial District Opequon
Acreage 0.8364+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 35-foot variance to a required 50-foot left yard setback which
will result in a 15-foot left yard setback and a 35-foot yard variance to a required 50-foot right
yard setback which will result in a 15-foot right side variance for dwelling. The property
cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60’ N/A 60’
Left 50’ 35’ 15’
Right 50’ 35’ 15’
Rear 100’ N/A 100’
Staff Comments:
This property was part of the E.R. Conner Subdivision created in 1953. This property does not
have Building Restriction Lines (BRL) assigned to it and would have to meet the current RA
District setbacks. The Frederick County historical zoning map shows this property as being zoned
A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
43
Page 2 of 2
Ordinance were 35-feet for the front, 35-feet for the side yards and 35-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change the A-2 Zoning District to the RA
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 for the
front, 100-feet to the rear, and 50-feet left-side yard and 50-feet right-side yard.
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a) The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d) The condition or situation of the property concerned is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance;
e) 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; and
f) The relief or remedy sought by the variance is not available through a conditional use permit
process or the process for modification of a Zoning Ordinance.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request
for a variance from the current setbacks of the RA Zoning District and may be appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
44
§¨¦81
§¨¦81
85A 2 A 12
6283VALLEYPIKE
211CAMPBELL LN
203CAMPBELL LN
183CAMPBELL LN
173CAMPBELL LN
165CAMPBELL LN
C
A
M
P
B
ELL L
N
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024
£¤11
§¨¦81
§¨¦81SALEM CHURCH RD
CONESTOGA LNVALLE Y PIKEC
A
M
P
B
E
LL LN
0 80 16040 Feet
VAR # 24 - 24: Mike ArtzPIN: 85A - 2 - A - 12Left and Right Side VarianceZoning Map
VAR #24 -24
45
§¨¦81
§¨¦81
85A 2 A 12
6283VALLEYPIKE
211CAMPBELL LN
203CAMPBELL LN
183CAMPBELL LN
173CAMPBELL LN
165CAMPBELL LN
C
A
M
P
B
ELL L
N
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 25, 2024
£¤11
§¨¦81
§¨¦81SALEM CHURCH RD
CONESTOGA LNVALLE Y PIKEC
A
M
P
B
E
LL LN
0 80 16040 Feet
VAR # 24 - 24: Mike ArtzPIN: 85A - 2 - A - 12Left and Right Side VarianceLocation Map
VAR #24 -24
46
47
48
49
50
51
52
53
54
55