HomeMy WebLinkAboutBZAAgenda2025May201.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of April 15, 2025
4.Public Hearings
4.A.Variance #06-25 for Matthew Saville
Submitted a request for a 49.5-foot variance to a required 50-foot left side yard setback
resulting in a 0.5-foot left side yard setback for an attached one car garage. The
property is located at 143 Macaboy Lane, Clear Brook and is identified with Property
Identification Number 34-A-50 in the Stonewall Magisterial District.
4.B.Appeal #07-25 for Cordell & Kim Watt
Submitted to appeal the decision of the Director of Planning and Development, letter
dated April 2, 2025, as it relates to Zoning Ordinance, Chapter 165, Section 301.01
Transfer of Development Rights. The property is located at 176 Edmonson Lane,
Winchester and is identified with Property Identification Number 65-A-14D in the Red
Bud Magisterial District.
4.C.Variance #08-25 for Anissa Borsato & Michael Donald
Submitted a request for a 9-foot variance to a required 15-foot right side yard setback
resulting in a 6-foot right side setback for a detached garage. The property is located at
1007 Laurel Grove Road, Winchester and is identified with Property Identification
Number 72-A-47 in the Back Creek Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, MAY 20, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA05-20-25MeetingMinutesApril15.pdf
BZA05-20-25VAR06-25_Redacted.pdf
BZA05-20-25APP07-25_Redacted.pdf
1
5.Other
BZA05-20-25VAR08-25_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: May 20, 2025
Agenda Section: Meeting Minutes
Title: Minutes of April 15, 2025
Attachments:
BZA05-20-25MeetingMinutesApril15.pdf
3
Frederick County Board of Zoning Appeals
April 15, 2025 1936
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 April 15, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John
Cline, Stonewall District; James Prohaska, Opequon District; Dudley Rinker, Vice-Chairman, Back
Creek; and Ronald Madagan, Member at Large.
ABSENT: Dolores Stottlemyer, Shawnee District
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 is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there are any applications for May. Mr. Cheran replied, the cutoff is this
Friday, April 18.
PUBLIC HEARING
Chairman Lowman read Variance #03-25 for Frederick C. Sahlin submitted a request for a 40-foot left
yard variance to a required 45-foot left yard setback resulting in a 5-foot left yard setback for an accessory
structure. The property is located at 311 Hunting Ridge Road and is identified with Property Identification
Number 30-A-108 in the Gainesboro Magisterial District.
Mr. Dean came forward to present the staff report and two maps. This property is located at 311
Hunting Ridge Road in the Gainesboro Magisterial District and the zoning is RA (Rural Areas). Staff
reiterated the setbacks that he is requesting. This parcel was created in 1968 and is 20,000+/- sq. ft.
The property does not have building restrictions lines assigned so the property would need to follow
today’s setbacks. This parcel was originally zoned A-1 (Agricultural Limited). When the adoption
of the zoning ordinance, the setbacks were 35-feet for the front yard and 15-feet for rear and sides.
In 1989, the ordinance was amended which changed the zoning on RA (Rural Areas) with setback
back 60-feet to the front, 100-feet to the rear, and 45-feet from the left and right sides. The current
4
Frederick County Board of Zoning Appeals
April 15, 2025 1937
district setback now are 45-feet from the left and 50-feet from the right and 60-feet front and 100-feet
for the rear because the ordinance was amended again in 1989.
Mr. Dean read the Code of Virginia and Frederick County Zoning Ordinance. 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:
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.
Staff summarize by saying this request meets the intent of The Code of Virginia and Frederick
County and this variance is consistent with the character of the district.
The Applicant, Frederick Sahlin came forward to address the Board. We have just moved to the
area and the house we bought doesn’t have storage. There is a concrete slab already on the
property we would like to use to place the garage on it if possible.
Chairman Lowman mentioned to Applicant if this request is granted this will remain always as a
detached garage.
Public Comment
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
No citizens came forward.
Public Hearing Closed
No Discussion
5
Frederick County Board of Zoning Appeals
April 15, 2025 1938
On a motion made by Mrs. Whitacre to approved Variance #03-25 for Frederick Sahlin and seconded
by Mr. Cline and was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #04-25 for Dieter and Deborah Wacker submitted a
request for a 5.6-foot rear yard variance to a required 15-foot rear yard setback resulting in a 9.4-
foot rear yard setback for an addition of a roof over deck. The property is located at 152 Song
Sparrow Drive, Lake Frederick and is identified with Property Identification Number 87B-2-5-27
in the Opequon Magisterial District.
Staff came forward to present his staff report along with two maps. This property is located at 152
Song Sparrow Drive in the Lake Frederick Subdivision in the Opequon Magisterial District. This
property is 6,693 sq. ft. is considered a small lot type and was created in 2018 and cannot meet the
current setback. The applicant is asking for a 5.6-foot variance for a roof over his deck.
Staff gave background information on the lot. The setbacks for this type of lot are: 25-ft from the
front, 15-ft from the rear, and 5-ft from the side of the property lines. The Applicant has an uncovered
deck which is 9.4-ft from the rear. Setback for uncovered deck is 5-ft from the rear while the covered
deck must meet rear setback of 15-ft because they become part of the structure.
Mr. Dean read the Code of Virginia and Frederick County Zoning Ordinance. 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:
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.
6
Frederick County Board of Zoning Appeals
April 15, 2025 1939
The property meets The Code of Virginia and Code of Frederick County. This variance is consistent
with the character of the R5 District.
Mr. Dieter, the applicant, came forward. Mr. Dieter stated that we like to sit on the porch but without
the roof it gets hot. The back of the house is common ground and is wetland.
Public Comment
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
No citizens came forward.
Public Hearing Closed
No Discussion
On a motion made by Mr. Prohaska to approved Variance #04-25 for Dieter and Deborah Wacker
and seconded by Mr. Madagan and was unanimously approved.
Public Hearing
Chairman read Variance #05-25 for Danny L. Williams submitted a request for a 19-foot rear yard
variance to a required 50-foot rear yard setback resulting in a 31-foot rear yard setback for an addition. The
property is located at 304 Greenfield Avenue, Winchester and is identified with Property Identification
Number 62C-1-6-105 in the Back Creek Magisterial District.
Staff came forward to present the staff report. The two maps were shown. This parcel is in the Back Creek
Magisterial District and was created in 1976 as part of the Stonebrook Farms subdivision with the zoning
being R-2 (General Residential). This parcel consists of 0.98+/- acres and is zoned now RP (Residential
Performance). This property only has front setbacks assigned to it. The front setback is 75-feet and the
other setbacks would follow today’s setbacks for the RP (Residential Performance) for a single-family
detach rural traditional housing type. When Frederick County adopted the Zoning Ordinance, the setbacks
were 35-feet for the front, 25-feet for the rear, and 10-feet for the side yards. Again in 1989, the Board of
Supervisors amended the Ordinance changing the zoning from R-2 to RP District and the setbacks. The
current setback for this property is 75-feet for the front, 50-feet rear, and sides 15-feet.
Staff conclude by reading the Code of Virginia and Frederick County Zoning Ordinance. 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:
a) The property interest for which the variance is being requested was acquired in good faith;
7
Frederick County Board of Zoning Appeals
April 15, 2025 1940
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.
The property meets The Code of Virginia and Code of Frederick County. This variance is consistent
with the character of the RP District.
Mr. Williams came forward. I do have a contractor that will be doing the work if the request is
approved. The contractor told me I needed to speak to the County in regard to my addition. The
Applicant was aware that he would need a wall permit and setback survey.
Public Comment
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
No citizens came forward.
Public Hearing Closed
No Discussion
On a motion made by Mr. Rinker to approved Variance #05-25 for Danny Williams and seconded by
Mr. Cline and was unanimously approved.
The meeting adjourned at 3:50.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
8
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: May 20, 2025
Agenda Section: Public Hearings
Title: Variance #06-25 for Matthew Saville
Attachments:
BZA05-20-25VAR06-25_Redacted.pdf
9
VARIANCE #06-25
Applicant Name Matthew Saville
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: May 8, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: May 20, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 34-A-50
Address 143 Macaboy Lane, Clear Brook
Magisterial District Stonewall
Acreage +/- 0.60 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning 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: Residential
West: RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 49.5-foot variance to a required 50-foot left side yard setback
which will result in a 0.5-foot left side yard setback for an attached one car garage.
Reasoning: This property cannot meet the current RA setbacks due to location of septic and
drainfield behind dwelling, as well as the power tie in, exhaust fans, chimney and AC Unit
located on the right side of the dwelling preventing an addition from being added.
Minimum Variance Requested Resulting Setback
Front 49-Ft N/A 49-Ft
Left 50-Ft 49.5-Ft 0.5-Ft
Right 50-Ft N/A 50-Ft
Rear 50-Ft N/A 50-Ft
Staff Comments:
• This 0.60-acre property was created prior to 1960. This property is currently zoned RA
(Rural Areas). This property does not have Building Restriction Lines (BRL’s) assigned
to it and would have to meet the current RA District setbacks.
10
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, rear and side yards.
• Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the
current RA Zoning District.
• The Frederick County Board of Supervisors amended the primary setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60-
feet for the front, 50-feet for the rear, and 50-feet for the left and ride side.
• For the record, the owner of the lot in which the variance is being applied also owns the
two adjoining properties to the south, with one being +/- 0.51 acres and the other being
+/- 3.17 acres.
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.
11
34 A 50
152MACABOY LN
148ROCKYFORD RD
124ROCKYFORD RD
138MACABOY LN 2216BRUCETOWN RD
2206BRUCETOWN RD
2228BRUCETOWN RD
MACABOY LNApplication
Parcels
MH1 (Mobile Hom e Com m unity District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025
BRUCETOWN RD
WHIFFLETREE LNMACABOY LNROCKY FORD RDClear Brook
0 60 12030 Feet
VAR # 06 - 25: Matt SavillePIN: 34 - A - 50Front and Side VarianceZoning Map
VAR #06-25
12
34 A 50
152MACABOY LN
148ROCKYFORD RD
124ROCKYFORD RD
138MACABOY LN 2216BRUCETOWN RD
2206BRUCETOWN RD
2228BRUCETOWN RD
MACABOY LNApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025
BRUCETOWN RD
WHIFFLETREE LNMACABOY LNROCKY FORD RDClear Brook
0 60 12030 Feet
VAR # 06 - 25: Matt SavillePIN: 34 - A - 50Front and Side VarianceLocation Map
VAR #06-25
13
14
15
16
17
18
19
20
21
22
23
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: May 20, 2025
Agenda Section: Public Hearings
Title: Appeal #07-25 for Cordell & Kim Watt
Attachments:
BZA05-20-25APP07-25_Redacted.pdf
24
APPEAL #07-25
Applicant Name: Cordell and Kim Watt
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: May 5th, 2025
Staff Contact: Wyatt Pearson, Planning and Development Director
Hearing Schedule
BZA: May 20, 2025 Action: Pending
Property Information
Property Identification Numbers (PINS) 65-(A)-14D
Address No Address Point (176 Edmonson Lane
Adjoins to the North)
Magisterial District Redbud
Acreage 68.27 acres +/-
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Agricultural
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Agricultural/Residential
South: RA (Rural Areas) Land Use: Agricultural/Residential
East: RA (Rural Areas) Land Use: Agricultural
West: RA (Rural Areas) Land Use: Residential
Appeal & Reason for Appeal
The Applicant is appealing the determination of the Planning Director, letter dated April 2nd,
2025, issued in response to the applicant’s request to review and approve a receiving property
for Transfer of Development Rights 65-(A)-14D. More specifically, this is an appeal of the
decision of the Planning Director in the administration of the Frederick County Zoning
Ordinance, Chapter 165, Article III Section 302.02 (6). Pursuant to Virginia Code §15.2-2311,
a person aggrieved by the decision or determination of an administrative officer, in this instance
the Director of Planning and Development, may appeal to the Board of Zoning Appeals.
Reason for Appeal: The Applicant’s justification for appeal is contained within the materials
submitted with their application accompanying this report.
25
Transfer of Development Rights Program:
As authorized by the Virginia Code, Frederick County has adopted a local ordinance and operates
a Transfer of Development Rights program to allow for properties within designated ‘Sending
Areas’, which are rural in nature, to sever and sell development rights to ‘Receiving Areas’, which
are more urban in nature. The program’s stated purpose is copied below for reference:
Pursuant to the authority granted by §§ 15.2-2316.1 and 15.2-2316.2 of the Code of Virginia,
there is established a transfer of development rights (TDR) program, the purpose of which is to
transfer residential density from eligible sending areas to eligible receiving areas and/or
transferee through a voluntary process for permanently conserving agricultural and forestry uses
of lands and preserving rural open spaces, and natural and scenic resources. The TDR program
is intended to supplement land use regulations, resource protection efforts and open space
acquisition programs and encourage increased residential density where it can best be
accommodated with the least impacts on the natural environment and public services by:
A. Providing an effective and predictable incentive process for property owners of rural and
agricultural land to preserve lands with a public benefit; and
B. Implementing the Comprehensive Policy Plan by directing residential land uses to the Urban
Development Area (UDA); and
C. Providing an efficient and streamlined administrative review system to ensure that transfers of
development rights to receiving areas are processed in a timely way and balanced with other
county goals and policies and are adjusted to the specific conditions of each receiving area.
For the purposes of this appeal, the most important portion of this program to understand is that
there are designated Sending and Receiving areas established via County Code in order to create
the regulatory framework for how these rights can be marketed and sold. How the comprehensive
plan designates the future land use of these properties is one of the major factors in determining
whether the property can qualify as a sending or receiving property.
Planning Director’s Determination:
In response to the Applicant requesting Receiving Property Approval for Transfer of Development
Rights (TDR) on March 24th, 2025. In accordance with the County Code Section, the Planning
Director issued a determination that the property in question, 65-(A)-14D, does not qualify as a
receiving property in accordance with the Frederick County Zoning Ordinance, Chapter 165,
Article III Section 302.02 (6). Since Article III of the Zoning Ordinance does not have a specific
appeal provision, staff included the standard appeal language derived from Virginia Code § 15.2-
2311 which allows for any person aggrieved by the decision of an administrative officer in the
administration or enforcement of the Zoning Ordinance to appeal such decision to the Board of
Zoning Appeals.
The “receiving” property in question is designated as “Urban Center” in the comprehensive plan,
and more specifically is part of the Greenwood Urban Center and as very specifically described in
the Senseny/Eastern Frederick Urban Area Plan (SEFUAP). The comprehensive plan and the
SEFUAP describe Urban Centers as follows:
“Urban centers are larger than the Neighborhood Village and are envisioned to be a
more intensive, walkable urban area with a larger commercial core, higher densities, and
designed around some form of public space or focal point. Urban centers should be
26
located in close proximity to major transportation routes and intersections.” The
Comprehensive Plan Page 4,
“…The land use and/or building types could include, in addition to commercial and
residential, community-oriented types such as civic, religious, fraternal, or institutional
uses. In the core area one may find 2 to 4 story buildings that, at the center, share party
walls and front directly on the sidewalk; at the first or ground floor one will find retail
and commercial uses, upper stories will have offices in some buildings and others will
have apartments; and parking of cars will be on the street or in lots behind the buildings
and possibly in parking decks if there is such need for structured parking. These types of
structures will be readily accessible from the boulevards that serve the urban center.”
“The designated Greenwood Urban Center provides an opportunity for a focal point for
an area where most of the recent suburban residential development has occurred. The
Greenwood Urban Center is envisioned to introduce a mix of uses into already developed
areas in a way that builds the identity and enhances its livability.
This urban center should embrace a traditional main-street feel, be pedestrian-friendly,
ecologically sensitive, and architecturally distinctive, honor our region’s local heritage
and look to the future by promoting urban life in a dynamic new way. This lifestyle center
should be defined by tree-lined boulevards and an inviting central park area oriented
around the existing historic farm house and grounds.
The residential densities in the core of this area are envisioned to be in the 12-16 units
per acre range, tapering off to 6 units per acre on its perimeter. Anchored in all directions
by existing and proposed schools and park areas, this urban center is tailored to be the
future focal point of the Senseny Road and Greenwood Road area.” SEFUAP Page 12-13
While staff does not object to the fact that Urban Centers are likely to contain a residential
component, they are not planned for, “…residential land uses.” They are an inherently mixed-use
land use designation with a clear focus on a large commercial component and higher densities of
development as well as public uses to form a focal point. In conclusion, the property is not,
“Identified in the Frederick County Comprehensive Policy plan for residential land uses.” as called
for in Chapter 165, Article III Section 302.02 (6) and cannot be utilized as a receiving property for
TDRs. Appellant’s application ignored the Comprehensive Plan’s designation of the proposed
receiving property as an Urban Center. The owner could apply to amend the comprehensive plan
if they so desire in order to remediate this issue.
Staff Comments:
Mention is made by the applicant of a previous approval granted by the Planning Department for
Global Headquarters, LLC in 2019 and that the action in question is inconsistent given the
similarities between the properties and requests. Staff would like to clarify that the Global
Headquarters, LLC property, was Master Planned to include 30 acres +/- of B2 (General Business)
in addition to the 50 acres +/- of residential developed with TDRs. The BZA may know this
property as it was recently announced a Publix grocery store would be locating there, and it adjoins
Sherando High School. Asserting that it should be considered similarly to the property in question,
which is 68 acres of RA (Rural Areas) with no zoned commercial component and no Master
Development Plan is not appropriate from Staff’s perspective.
27
Summary & Requested Action:
Staff is requesting the Board of Zoning Appeals affirm the determination of the Planning Director
that 65-(A)-14D is not an allowable receiving property under the zoning ordinance.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.
28
65 A 14D
1384GREENWOOD RD
585SULPHURSPRING RD
605SULPHURSPRING RD1465GREENWOOD RD
1445GREENWOOD RD
1455GREENWOOD RD
1320GREENWOOD RD
1344GREENWOOD RD
1376GREENWOOD RD
1365GREENWOOD RD
263SUNSET DR
1170GREENWOOD RD
1366GREENWOOD RD
1352GREENWOOD RD
1308GREENWOOD RD
1272GREENWOOD RD
1290GREENWOOD RD
261SUNSET DR
1242GREENWOOD RD
1228GREENWOOD RD
1220GREENWOOD RD
278EDMONSON LN 278EDMONSON LN
1204GREENWOOD RD
1212GREENWOOD RD
264EDMONSON LN
176EDMONSON LN1182GREENWOOD RD
225EDMONSON LN
1121GREENWOOD RD1121GREENWOOD RD
EDMONSON LN
GREENWOOD RDApplication
Sewer and Water Service A rea
Parcels
RP (Residential Per form ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025BROAD AVESENSENY RD
SUNSETDRTAGGARTDRGREENWOOD RDRAVENOAKS DRROSSUM LNMALOY DRATOKADRSULPHUR SPRING RD DIXIEBELLE DRYEATRASDRLANDFILLRDBRI
MSTONELNEDMONSON LN
0 500 1,000250 Feet
£¤50
APP # 07 - 25: Cordell and Kim WattPIN: 65 - A - 14DAppeal the Decision of the Planning DirectorZoning Map
M
IL
L
WO
O
D
PI
K
E
APP #07-25
29
65 A 14D
1384GREENWOOD RD
585SULPHURSPRING RD
605SULPHURSPRING RD1465GREENWOOD RD
1445GREENWOOD RD
1455GREENWOOD RD
1320GREENWOOD RD
1344GREENWOOD RD
1376GREENWOOD RD
1365GREENWOOD RD
263SUNSET DR
1170GREENWOOD RD
1366GREENWOOD RD
1352GREENWOOD RD
1308GREENWOOD RD
1272GREENWOOD RD
1290GREENWOOD RD
261SUNSET DR
1242GREENWOOD RD
1228GREENWOOD RD
1220GREENWOOD RD
278EDMONSON LN 278EDMONSON LN
1204GREENWOOD RD
1212GREENWOOD RD
264EDMONSON LN
176EDMONSON LN1182GREENWOOD RD
225EDMONSON LN
1121GREENWOOD RD1121GREENWOOD RD
EDMONSON LN
GREENWOOD RDApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025BROAD AVESENSENY RD
SUNSETDRTAGGARTDRGREENWOOD RDRAVENOAKS DRROSSUM LNMALOY DRATOKADRSULPHUR SPRING RD DIXIEBELLE DRYEATRASDRLANDFILLRDBRI
MSTONELNEDMONSON LN
0 500 1,000250 Feet
£¤50
APP # 07 - 25: Cordell and Kim WattPIN: 65 - A - 14DAppeal the Decision of the Planning DirectorLocation Map
M
IL
L
WO
O
D
PI
K
E
APP #07-25
30
31
32
Name Vicki B Broy Trustee Property# 65-A-3 PO Box 746 Berryville, VA 22611
33
34
35
36
37
38
39
40
41
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: May 20, 2025
Agenda Section: Public Hearings
Title: Variance #08-25 for Anissa Borsato & Michael Donald
Attachments:
BZA05-20-25VAR08-25_Redacted.pdf
42
VARIANCE #08-25
Applicant Name Anissa Borsato & Michael Donald
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: May 8, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: May 20, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 72-A-47
Address 1007 Laurel Grove Road, Winchester
Magisterial District Back Creek
Acreage +/- 21,554 Square Feet
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning 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: Vacant
East: RA (Rural Areas) District Land Use: Residential
West: RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 9-foot variance to a required 15-foot right side setback which
will result in a 6-foot right side setback for a detached garage.
Reasoning: This property cannot meet the current RA accessory setbacks.
(* = accessory setbacks)
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 15-Ft* N/A 15-Ft*
Right 15-Ft* 9-Ft* 6-Ft*
Rear 15-Ft* N/A 15-Ft*
Staff Comments:
• This 21,554 square foot property was created prior to 1962.
43
Page 2 of 2
• This property is currently zoned RA (Rural Areas). This property does not have Building
Restriction Lines (BRL’s) assigned to it and would have to meet the current RA District
accessory setbacks.
• 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
current 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 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 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 accessory 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
72 A 47
1001LAURELGROVE RD
911LAURELGROVE RD
960LAURELGROVE RD
1061LAURELGROVE RD
1000LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025
LAUREL GROVE RD
SADDLEBACKLN0 60 12030 Feet
VAR # 08 - 25: Anissa Borsato and Michael DonaldPIN: 72 - A - 47Side VarianceZoning Map
VAR #08-25
45
72 A 47
1001LAURELGROVE RD
911LAURELGROVE RD
960LAURELGROVE RD
1061LAURELGROVE RD
1000LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025
LAUREL GROVE RD
SADDLEBACKLN0 60 12030 Feet
VAR # 08 - 25: Anissa Borsato and Michael DonaldPIN: 72 - A - 47Side VarianceLocation Map
VAR #08-25
46
47
48
49
50
51
52
53
54
55