BZAAgenda2024December171.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of November 19, 2024
4.Public Hearings
4.A.Variance #26-24 for Thomas Liskey
Submitted a request for a 20-foot front yard variance to a required 60-foot front yard
setback which will result in a 40-foot front yard setback for an accessory structure. The
property is located at 243 Veterans Road, Middletown and is identified with Property
Identification Number 91-A-9 in the Back Creek Magisterial District.
4.B.Variance #27-24 for Steven D. Shuman
Submitted a request for a 15-foot right side variance to a required 50-foot right side
yard setback which will result in a 35-foot right side setback, and a 38-foot rear variance
to a required 100-foot rear yard setback which will result in a 62-foot setback for a
house addition. The property is located at 1515 Millwood Pike and is identified with
Property Identification Number 64-7-1 in the Shawnee Magisterial District.
4.C.Appeal #28-24 of Thomas Rose
Submitted to Appeal the Decision of the Zoning Administrator, letter dated October 18,
2024, as it relates to Zoning Ordinance, Chapter 165, Section 401.02 Allowed uses in
the RA (Rural Areas) Zoning District. The property is located at 341 Angus Hill Lane,
Winchester and is identified with Property Identification Number 41-A-98J in the
Gainesboro Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, DECEMBER 17, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA12-17-24MeetingMinutesNovember19.pdf
BZA12-17-24VAR26-24_Redacted.pdf
BZA12-17-24VAR27-24_Redacted.pdf
1
4.D.Variance #29-24 for Michael Artz (Baljit Sandhu)
Submitted a request for a 5-foot front yard variance to a required 35-foot front yard
setback which will result in a 30-foot setback for a structure. The property is located in
Lake Holiday, where Laurel Drive intersects with Connector Way, and is identified with
Property Identification Number 18A04-4A-2-60 in the Gainesboro Magisterial District.
5.Other
BZA12-17-24APP28-24_Redacted.pdf
BZA12-17-24VAR29-24_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 17, 2024
Agenda Section: Meeting Minutes
Title: Minutes of November 19, 2024
Attachments:
BZA12-17-24MeetingMinutesNovember19.pdf
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Frederick County Board of Zoning Appeals 1924
November 19, 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 November 19, 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 December. Mr. Cheran replied yes and
the cutoff date is Friday.
A motion made by Mr. Cline and seconded by Mr. Rinker the minutes for the October 15, 2024,
meeting was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #25-24 for Rena Maffei submitted a request for a 45-foot rear
yard variance to a required 100-foot rear yard setback which will result in a 55-foot rear yard setback
for a structure. The property is located at 280 Mountain Falls Road, Winchester and is identified with
Property Identification Number 70-A-68A in the Back Creek Magisterial District.
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Frederick County Board of Zoning Appeals 1925
November 19, 2024
Mr. Dean came forward to present the staff report and location map. The 5.72-acre property was
created in 1973 and the zoning at that time was A-2 (Agricultural General). At the time of adoption
of the Zoning Ordinance, the setback for the parcel was 35-feet for the front, 35-feet for the side
yards and 35-feet for the rear yard. The current zoning is Rural Areas (RA) Zoning District. There
are no building restrictions line (BRL) assigned to this parcel so the applicant would need to meet
the current setbacks. Staff stated that most of the parcel is in a floodplain.
The Ordinance was amended in 1989 changing the A-2 Zoning District to the Rural Areas (RA)
Zoning District. Again, the Ordinance was amended February 28, 2007. Setbacks were changed
to 60-feet for the front, 100-feet from the left, 50-feet from the right, and 100-feet from the rear
property lines. The applicant would need to following today’s setbacks which are 60-feet for the
front, 100-feet from the left, and 50-feet from the right, and 100-feet from the property line.
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. The granting of the variance will not be a substantial detriment to adjacent property and 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 a nature
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; and
5. 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.
The variance meets The Code of Virginia and the Code of Frederick County.
Chairman Lowman asked the Applicant, Ms. Maffei, to come forward. Ms. Maffei didn’t prepare
a statement, but would answer questions. The Applicant did comment that the middle of the parcel
is all floodplain that is why we need the rear variance.
Chairman Lowman inquired if there is a dwelling on the parcel. Applicant stated no just older
buildings.
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/No Discussion
5
Frederick County Board of Zoning Appeals 1926
November 19, 2024
On a motion made by Mr. Rinker to approve the Variance #25-24 for Rena Maffei and was seconded
by Mr. Shenk, the request was unanimously approved as presented.
Other Business
Mr. Cheran gave an update on appeal court cases.
1. The appeal for Mr. Robert Gallalee in Shawneeland was dismissed in the Circuit Court on a
procedure motion.
2. Winchester Wireless for has two appeals and two variances for towers in the Circuit Court and
the date is December 5. The two appeals were pushed back because of COVID and cases were
not criminal cases. Winchester Wireless had the opportunity to apply for a Conditional Use
Permit (CUP) but didn’t.
There being no other business, the meeting adjourned at 3:45.
____________________________________
Eric Lowman, Chairman
____________________________________
Pamala Deeter, Secretary
6
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 17, 2024
Agenda Section: Public Hearings
Title: Variance #26-24 for Thomas Liskey
Attachments:
BZA12-17-24VAR26-24_Redacted.pdf
7
VARIANCE #26-24
Applicant Name Thomas Liskey
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 10, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 91-A-9
Address 243 Veterans Road
Magisterial District Back Creek
Acreage 3.2068+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Vacant/Agriculture
West: RA (Rural Areas) District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 20-foot variance to a required 60-foot front yard setback which
will result in a 40-foot front yard setback for an accessory structure. The property cannot meet
the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60 20 40
Left 15 N/A 15
Right 15 N/A 15
Rear 15 N/A 15
Staff Comments:
• This 3.2068-acre property was created prior to 1936.
• This property is currently zoned RA (Rural Areas). This property does not have Building
Restriction Lines (BRL) assigned to it and would have to meet the current RA District
setbacks.
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Page 2 of 2
• Since this lot was created prior to Zoning, the property was identified as being Zoned A-2
(Agricultural General) at the adoption of Zoning in 1967.
• The property setback lines for accessory structures at the adoption of the Zoning
Ordinance were 20-feet from all property lines.
• 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 primary setbacks for the RA
Zoning District on February 28, 2007, while amending the accessory use setbacks on May
24, 2017, to 60-feet from public street or roadways, 45-feet from private rights-of-way or
ingress/egress easements, and 15-feet from any side or rear property line.
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.
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508VETERANS RD
508VETERANS RD
3001THIRD ST
320COMMERCE ST
291IDLEWILD ST
250VETERANS RD
309IDLEWILD ST
160VETERANS RD
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VAR # 26 - 24: Thomas LiskeyPIN: 91 - A - 9Front VarianceZoning Map
VAR #26-24
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508VETERANS RD
508VETERANS RD
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320COMMERCE ST
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VAR # 26 - 24: Thomas LiskeyPIN: 91 - A - 9Front VarianceLocation Map
VAR #26-24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 17, 2024
Agenda Section: Public Hearings
Title: Variance #27-24 for Steven D. Shuman
Attachments:
BZA12-17-24VAR27-24_Redacted.pdf
19
VARIANCE #27-24
Applicant Name Steven D. Shuman
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 10, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 64-7-1
Address 1515 Millwood Pike
Magisterial District Shawnee
Acreage 30,000 Sq. Ft
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) District Land Use: Open Space
South: RA (Rural Areas) District Land Use: Business
East: RA (Rural Areas) District Land Use: Vacant
West: RA (Rural Areas) District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 15-foot variance to a required 50-foot right side yard setback
which will result in a 35-foot right side yard setback and a 38-foot rear variance to a required
100-foot rear yard which will result in a 62-foot setback for a house addition. The property
cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60 N/A 60
Left 100 N/A 62
Right 50 15 35
Rear 100 38 62
Staff Comments:
• This 30,000 square foot property was created prior to 1964.
• The property is currently zoned RA (Rural Areas) District. This property does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA
District setbacks.
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Page 2 of 2
• Since this lot was created prior to Zoning, the property was identified as being Zoned A-2
(Agricultural General) at the adoption of Zoning in 1967.
• The property setback lines at the adoption of the Zoning 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 from
the front, 100-feet from the left, 50-feet from the right, and 100-feet from the rear property
lines.
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.
21
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231SULPHURSPRING RD
1519MILLWOODPIKE
1517MILLWOODPIKE
151POE DR
149POE DR
147POE DR
145POE DR
143POE DR
141POE DR
139POE DR
137POE DR
135POE DR148POE DR
Application
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231SULPHURSPRING RD
1519MILLWOODPIKE
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149POE DR
147POE DR
145POE DR
143POE DR
141POE DR
139POE DR
137POE DR
135POE DR148POE DR
Application
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VAR #27-24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 17, 2024
Agenda Section: Public Hearings
Title: Appeal #28-24 of Thomas Rose
Attachments:
BZA12-17-24APP28-24_Redacted.pdf
35
APPEAL #28-24
Applicant Name Thomas Rose
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 6, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 41-A-98J
Address 341 Angus Hill Lane
Magisterial District Gainesboro
Acreage 6.15 +/- 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
Appeal & Reason for Appeal
An appeal of the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance, Chapter 165, Section 401.02 of the Frederick County Zoning
Ordinance which stipulates the allowed uses within the RA (Rural Areas) Zoning.
Reason for Appeal: The Applicant is appealing the determination of the Zoning Administrator,
letter dated October 18, 2024.
Zoning Administrator Determination:
The property at 341 Angus Hill Lane was cited for a trucking business/operation, with multiple
commercial vehicles operating and located on the property. The property owner was cited for
operating a commercial trucking business on the property. A commercial trucking business is not
an allowed use in the RA Zoning District per Chapter 165, Section 401.02 allowed uses within
the RA (Rural Areas) Zoning District. The property came into compliance and the case was
closed.
The applicant (Thomas Rose) requested a determination letter from the Zoning Administrator on
September 30th, 2024 regarding commercial vehicles being parked at 341 Angus Hill Lane. The
36
Page 2 of 2
Zoning Administrator issued a response dated October 18th, 2024, which is the subject of this
appeal.
Staff Comments:
The Applicant submitted a request on November 8, 2024, to the Zoning Administrator for a zoning
determination regarding the parking and maintenance of commercial vehicles within the RA
Zoning District. Frederick County customarily allows no more than one (1) commercial vehicle to
be parked within the RA Zoning District at a private residence. This has been a consistent
interpretation of the zoning ordinance by multiple Zoning Administrators over the years and has
been internally referred to as the ‘over the road trucker allowance’. Furthermore, as is the case for
any privately owned vehicle, conducting maintenance and repair is allowed so long as it is not
being done for compensation.
Additionally, Frederick County Code §165-202.01C, establishes parking limits for commercial
vehicles in other districts but does not include the RA Zoning District. Any more than one (1)
commercial vehicle on a property could serve as evidence that there is a business use being
conducted at that location and in turn may implicate a violation of the Zoning Ordinance if that
business is not a permitted use in the RA Zoning District.
Summary & Requested Action:
Staff is requesting the Board of Zoning Appeals to affirm the determination of the Zoning
Administrator that the parking of one (1) commercial vehicle on an RA zoned property is allowed
secondary to a private residence and does not violate the allowed uses section.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.
37
41 A 98J
190BOGGESS LN
208BOGGESS LN
345BOGGESS LN
320ANGUSHILL LN
350ANGUSHILL LN
280ANGUSHILL LN
200ANGUSHILL LN
3339N FREDERICKPIKE
986OLD BETHELCH RD
1386OLD BETHELCH RD
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BOGGESS LNANGUS HILL LNOLD BETHEL CHURCH RDHIDDEN VALLEY LN
0 240 480120 Feet
£¤522
APP # 28 - 24: Thomas RosePIN: 41 - A - 98JAppealZoning Map
APP #28-24
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41 A 98J
190BOGGESS LN
208BOGGESS LN
345BOGGESS LN
320ANGUSHILL LN
350ANGUSHILL LN
280ANGUSHILL LN
200ANGUSHILL LN
3339N FREDERICKPIKE
986OLD BETHELCH RD
1386OLD BETHELCH RD
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0 240 480120 Feet
£¤522
APP # 28 - 24: Thomas RosePIN: 41 - A - 98JAppealLocation Map
APP #28-24
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Kevin Campbell Trucking, Inc.
&
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341 Angus Hill Ln. Winchester, VA 22603
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 17, 2024
Agenda Section: Public Hearings
Title: Variance #29-24 for Michael Artz (Baljit Sandhu)
Attachments:
BZA12-17-24VAR29-24_Redacted.pdf
93
VARIANCE #29-24
Applicant Name Mike Artz (Baljit Sandu)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 10, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 18A04-4A-2-60
Address 202 Laurel Drive, Cross Junction
Magisterial District Gainesboro
Acreage 0.28+/- acres
Zoning & Present Land Use Zoning: R5 (Residential Recreational
Community) District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: R5 (Residential Recreational
Community) District
Land Use: Vacant
South: R5 (Residential Recreational
Community) District
Land Use: Residential
East: R5 (Residential Recreational
Community) District
Land Use: Residential
West: R5 (Residential Recreational
Community) District
Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 5-foot variance to a required 35-foot front yard setback which
will result in a 30-foot front for a porch. The property cannot meet the current R5 setbacks due
to the narrowness and topography of the parcel.
Minimum Variance Requested Resulting Setback
Front 35-feet 5-feet 30-feet
Left 10-feet N/A N/A
Right 10-feet N/A N/A
Rear 25-feet N/A N/A
94
Page 2 of 2
Staff Comments: This 0.28 +/- acre property was created in 1972 as part of the Lake Holiday
subdivision. The property is currently zoned R5 (Residential Recreational Community) District.
The R5 District was created in 1972. This property does not have Building Restriction Lines (BRL)
assigned to it. The property would have to meet the current RP (Residential Performance) District
per the requirements of the R5 District. The setbacks for properties within the RP District are 35-
feet for the front, 10-feet for the side yards and 25-feet for the rear yard. This property has
narrowness and topography constraints that require the request for a front yard variance.
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 R5 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.
95
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201LAUREL DR
200LAUREL DR
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VAR # 29 - 24: Baljit SandhuPIN: 18A04 - 4A - 2 - 60Front VarianceLocation Map
VAR #29-24
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