HomeMy WebLinkAboutBZAAgenda2025September16AGENDA
BOARD OF ZONING APPEALS
TUESDAY, SEPTEMBER 16, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A. Minutes of July 15, 2025
BZA09-16-25MeetingMinutesJuly15.pdf
4.Public Hearings
4.A. Variance #16-25 for Middletown Data Center
Submitted a request for a 45 -foot variance to a required 75-foot front yard setback
resulting in a 30-foot front yard setback for a generator. The property is located at
8209 Valley Pike, Middletown, and is identified with Property Identification Number
90-A-58C in the Back Creek Magisterial District.
BZA09-16-25_VAR16-25_Redacted.pdf
4.B. Variance #17-25 for Alan Newlin II
Submitted a request for a 49.8-foot variance to a required 100-foot right side yard
setback resulting in a 50.2-foot right side yard setback, and a request for a 7.3-foot
variance to a required 60-foot front setback resulting in a 52.7-foot front yard
setback for a dwelling. The property is located at 777 McDonald Road, Winchester,
and is identified with Property Identification Number 51 -A-118 in the Back Creek
Magisterial District.
BZA09-16-25_VAR17-25_Redacted.pdf
4.C. Variance # 18-25 for Edward and Barbara Modzelesky
Submitted a request for a 15 -foot variance to a required 25-foot rear yard setback
resulting in a 10-foot rear yard setback for a covered porch. The property is located
at 129 Lake Shore Drive, Cross Junction, and is identified with Property
1
Identification Number 18A1-31B-19 in the Gainesboro Magisterial District.
BZA09-16-25_VAR18-25_Redacted.pdf
4.D. Variance #19-25 for Angela Barnett
Submitted a request for a 20 -foot variance to a required 60-foot front yard setback
resulting in a 40-foot front yard setback for a dwelling. The property is located at
Northwestern Pike (Route 50 North) to Route 608 (Wardensville Grade), take a left
onto Mall Barn Lane and is identified with Property Identification Number 59-A-16C
in the Back Creek Magisterial District.
BZA09-16-25_VAR19-25_Redacted.pdf
4.E. Variance #20-25 for Yesenia Portillo
Submitted a request for a 70 -foot variance to a required 100-foot rear yard setback
resulting in a 30-foot rear yard setback for a dwelling. The property is located at
Interstate 81 South to Exit 302 to Reliance Road (Route 627) onto Huttle Road
(Route 636) past Ridings Mill Road with property on the right and is identified with
Property Identification Number 92-A-12C in the Opequon Magisterial District.
BZA09-16-25_VAR20-25_Redacted.pdf
5.Other
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Meeting Minutes
Title: Minutes of July 15, 2025
Attachments:
BZA09-16-25MeetingMinutesJuly15.pdf
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1966 Frederick County Board of Zoning Appeals
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 July 15, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; John Cline, Stonewall District; James Prohaska,
Opequon District; Linda Whitacre, Gainesboro District; Dolores Stottlemyer, Shawnee District and Ronald
Madagan, Member at Large.
ABSENT: Dudley Rinker, Vice-Chairman, Back Creek 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 July. Mr. Cheran replied, the cutoff is this Friday,
July 18, 2025.
Mr. Cline made a motion to approve the meeting minutes for June 17, 2025, and was seconded by Mr.
Prohaska and was unanimously approved.
PUBLIC HEARING
Variance #14-25 for Gary and Ann Gilpin (Victor Karl Wine) submitted a request for a 50-foot variance
to a required 100-foot front yard setback resulting in a 50-foot front yard setback and a 50-foot variance to
a required 100-foot left side yard setback resulting in a 50-foot left side yard setback and a 50-foot variance
to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback for a dwelling
and an attached garage. The property is located at 310 Burnt Church Road, Winchester and is identified
with Property Identification Number 42-A-69 in the Gainesboro Magisterial District.
Mr. Dean came forward to present his staff report. He presented two maps of the property. Staff reiterated
what Chairman Lowman stated. Staff explained that Mr. and Mrs. Gilpin are requesting a 50-foot variance
to a required 100-foot front yard setback resulting in a 50-foot front yard setback and a 50-foot variance to
a required 100-foot left side yard setback resulting in a 50-foot left side yard setback and a 50-foot variance
to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback for a dwelling
and an attached garage.
Mr. Dean gave the background information on the 1972 creation of the 3.4960-acre property. Originally,
the property historically was zoned A-2 (Agricultural General) when the lot was created. At the adoption
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1967 Frederick County Board of Zoning Appeals
of zoning, the setbacks were 35 feet for the front, rear, and side yards. Then, in 1989 the ordinance was
amended, changing the A-2 District to RA (Rural Areas) District. Again, on February 28, 2007, the Board
of Supervisors amended the setbacks for this District making this property 100 feet from the front, 100 feet
for the rear, and 100 feet for the left and right-side yard. Mr. Dean mentioned the reason for the variance
is the property is narrow and can’t meet the current RA setback.
Staff read the Code of Virginia & Frederick County Zoning Ordinance.
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 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.
Mr. Dean said in closing that the variance appears to be consistent with the District and meets the intent of
The Code of Virginia and Code of Frederick County.
The Applicant, Mr. Gilpin, came forward to answer questions the board might have. Mr. Gilpin stated he
is moving to the area and would like to build a house with a two-car garage but can’t meet setbacks.
Chairman Lowman asked if the property was perked. The Applicant replied yes. He is in the process of
acquiring a land surveyor to draw up the plans.
PUBLIC COMMENT
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
A citizen, Mr. Ronnie Wine, came forward and gave background information on the parcel. This property
adjoins his mother and father’s parcel and there is no objection to this variance. A boundary line adjustment
was done before the meeting because the property was land locked. The parcel also has a 3-foot drop in the
front.
PUBLIC HEARING CLOSED
On a motion made by Mrs. Whitacre to approve Variance #14-25 for Gary and Ann Gilpin and was
seconded by Mr. Cline and was unanimously approved.
The meeting was adjourned at 4:00.
Respectfully submitted,
__________________________
Eric Lowman, Chairman
_________________________
Pamala Deeter, Secretary
5
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Public Hearings
Title: Variance #16-25 for Middletown Data Center
Attachments:
BZA09-16-25_VAR16-25_Redacted.pdf
6
VARIANCE #16-25
Applicant Name: Middletown Data Center, LLC (Maxwell H.
Wiegard, Esq.)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 4, 2025
Staff Contact: Mark Cheran, Zoning Administrators
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 90-A-58C
Address 8209 Valley Pike, Middletown
Magisterial District Back Creek
Acreage +/- 6.15 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial) Zoning District
Land Use: Data Center
Adjoining Property Zoning & Present Land Use
North: M1 (Light Industrial) Zoning District Land Use: Vacant
South: RA (Rural Areas) Zoning District Land Use: Vacant
East: M1 (Light Industrial) Zoning District Land Use: Commercial/Industrial
West: M1 (Light Industrial) Zoning District Land Use: Commercial/Industrial
Variance Requested & Reasoning
The applicant is requesting a 45-foot variance to a required 75-foot front yard setback which
will result in a 30-foot front yard setback for a generator/UPS equipment.
Reasoning: This property cannot meet the current M1 setbacks due to the placement of
easements.
Minimum Variance Requested Resulting Setback
Front 75-Ft N/A 75-Ft
Front 75-Ft 45-Ft 30-Ft
Right 25-Ft N/A 25-Ft
Rear 25-Ft N/A 25-Ft
7
Page 2 of 2
Staff Comments:
• This 6.15-acre property was created in 1970.
• This property is currently zoned M1 (Light Industrial) with the assigned Building
Restriction Lines (BRL’s) shown as 75-feet from the front and 25-feet from the rear and
sides. This information is consistent with the current M1 District setbacks.
• The Frederick County historical zoning map shows this property as being zoned M1
(Light Industrial) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 75-feet for the
front, and 25-feet from the rear and sides.
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 M1 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.
8
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Application
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VAR #16 -25
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VAR # 16 - 25: Middletown Data Center, LLCPIN: 90 - A - 58CFront Yard VarianceLocation Map
VAR #16 -25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Public Hearings
Title: Variance #17-25 for Alan Newlin II
Attachments:
BZA09-16-25_VAR17-25_Redacted.pdf
22
VARIANCE #17-25
Applicant Name: Alan Newlin, II (Mike Artz)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 51-A-118
Address 777 McDonald Road, Winchester
Magisterial District Back Creek
Acreage +/- 1.1162 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 7.3-foot variance to a required 60-foot front yard setback which
will result in a 52.7-foot front yard setback, and a 49.8-foot variance to a required 100-foot
right side yard setback which will result in a 50.2-foot right side yard setback for a dwelling.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft 7.3-Ft 52.7-Ft
Left 50-Ft N/A 50-Ft
Right 100-Ft 49.8-Ft 50.2-Ft
Rear 100-Ft N/A 100-Ft
Staff Comments:
• This 1.1162-acre property was created in 1979.
• This property is currently zoned RA (Rural Areas) with the assigned Building Restriction
Lines (BRL’s) shown as 60-feet from the front, 100-feet from the rear, 50-feet from the
23
Page 2 of 2
left and 100-feet from the right side. This information is consistent with the current RA
District setbacks.
• The Frederick County historical zoning map shows this property as being zoned A-1
(Agricultural Limited) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, and 15-feet for the rear and side yards.
• Frederick County amended its ordinance in 1989 to change the A-1 Zoning District to the
current 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, 50-feet from the left, 100-feet from the right and 100-feet from the rear
property lines.
Code of Virginia & Frederick County Zoning Ordinance:
he 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.
24
51 A 118
825MCDONALD RD
793MCDONALD RD
718WARDENSVILLE GR
812MCDONALD RD
757MCDONALD RD
790MCDONALD RD
760MCDONALD RD
743MCDONALD RD
750MCDONALD RD
MCDONALD RDApplication
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RUSTICWOOD LN
WARDENSVILLE GRHEARTWOOD DR CODY DRLIGHTWOOD CTFINICKY LN
BLACK BEAR DR
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0 80 16040 Feet
VAR # 17 - 25: Alan Newlin IIPIN: 51 - A - 118Front and Right Side VarianceZoning Map
VAR #17 -25
25
51 A 118
825MCDONALD RD
793MCDONALD RD
718WARDENSVILLE GR
812MCDONALD RD
757MCDONALD RD
790MCDONALD RD
760MCDONALD RD
743MCDONALD RD
750MCDONALD RD
MCDONALD RDApplication
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IRIS LNMCDONALD RDFLEETWOOD LN
RUSTICWOOD LN
WARDENSVILLE GRHEARTWOOD DR CODY DRLIGHTWOOD CTFINICKY LN
BLACK BEAR DR
TUR TL E MEA DOW D R
0 80 16040 Feet
VAR # 17 - 25: Alan Newlin IIPIN: 51 - A - 118Front and Right Side VarianceLocation Map
VAR #17 -25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Public Hearings
Title: Variance # 18-25 for Edward and Barbara Modzelesky
Attachments:
BZA09-16-25_VAR18-25_Redacted.pdf
36
VARIANCE #18-25
Applicant Name: Edward and Barbara Modzelesky (Mike Artz)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 18A1-3-1B-19
Address 129 Lakeshore Drive, Cross Junction
Magisterial District Gainesboro
Acreage +/- 0.3214 acres
Zoning & Present Land Use Zoning: R5 (Residential Recreation
Community) Zoning District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: R5 Zoning District Land Use: Residential
South: R5 Zoning District Land Use: Residential
East: R5 Zoning District Land Use: Residential
West: R5 Zoning District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 15-foot variance to a required 25-foot rear yard setback resulting
in a 10-foot rear yard setback for a covered porch on an existing patio.
Reasoning: This property cannot meet the current R5 Zoning District Setbacks due to
positioning on a corner lot. *Information on corner lots in Staff Comments section*
Minimum Variance Requested Resulting Setback
Front 35-Ft N/A 35-Ft
Left 35-Ft N/A 35-Ft
Right 10-Ft N/A 10-Ft
Rear 25-Ft 15-Ft 10-Ft
37
Page 2 of 3
Staff Comments:
• This 0.3214-acre property was created in 1993 with Section 1B of the Lake Holiday
Subdivision.
• This property is currently zoned R5 (Residential Recreational Community) with the
assigned Building Restriction Lines (BRL’s) shown as 35-feet from the front, 25-feet
from the rear, 35-feet from the left and 10-feet from the right side. This information is
consistent with the current R5 District setbacks on corner lots.
• The R5 Zoning District was created in 1972.
• Corner Lots (Section 165-201.02) – On a lot with more than one side abutting a street or
road, front setback yards shall be provided wherever the lot abuts a street. To determine
the location of side and rear boundaries, the front shall be deemed to be the shortest side
with frontage on the street or road. The rear boundary, with a required rear yard setback,
shall be deemed to be opposite from the front side. All other sides not abutting a street
shall be deemed to be side boundaries.
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.
38
Page 3 of 3
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.
39
18A01 31B 19
125LAKESHORE DR
126LAKESHORE DR
128LAKESHORE DR
130LAKESHORE DR
127LAKESHORE DR
260S LAKEVIEW DR
103LAKESHORE DR
S LAKEVIEW DR
S LAKEVIEW DR
LAKE SHORE DRApplication
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CAROLYN DRSYCAMORE PLLAKESHORE DRS LAKEVIEW DR0 50 10025 Feet
VAR # 18 - 25: Edward and Barbara ModzeleskyPIN: 18A01 - 31B - 19Rear Yard VarianceZoning Map
VAR #18 -25
40
18A01 31B 19
125LAKESHORE DR
126LAKESHORE DR
128LAKESHORE DR
130LAKESHORE DR
127LAKESHORE DR
260S LAKEVIEW DR
103LAKESHORE DR
S LAKEVIEW DR
S LAKEVIEW DR
LAKE SHORE DRApplication
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CAROLYN DRSYCAMORE PLLAKESHORE DRS LAKEVIEW DR0 50 10025 Feet
VAR # 18 - 25: Edward and Barbara ModzeleskyPIN: 18A01 - 31B - 19Rear Yard VarianceLocation Map
VAR #18 -25
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44
45
46
47
48
49
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Public Hearings
Title: Variance #19-25 for Angela Barnett
Attachments:
BZA09-16-25_VAR19-25_Redacted.pdf
51
VARIANCE #19-25
Applicant Name: Angela Barnett
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 59-A-16C
Address Mall Barn Lane, Winchester
Magisterial District Back Creek
Acreage +/- 9.44 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Vacant
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
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 a dwelling.
Reasoning: This property cannot meet the current RA setbacks due to topography and location
of deeded easement.
Minimum Variance Requested Resulting Setback
Front 60-Ft 20-Ft 40-Ft
Left 50-Ft N/A 50-Ft
Right 100-Ft N/A 100-Ft
Rear 100-Ft N/A 100-Ft
Staff Comments:
• This 9.44-acre property was created in 1978.
52
Page 2 of 3
• 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.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, side and rear 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 setbacks for the RA Zoning
District on February 28, 2007, making the current setbacks for this property 60-feet from
the front, 50-feet from the left, 100-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
53
Page 3 of 3
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.
54
59 A 16C
59 A 16C
4041WARDENSVILLE GR305MALLBARN LN
241MALLBARN LN
195MALLBARN LN
195MALLBARN LN
215MALLBARN LN
MALL BARN LNMALL BARN LNApplication
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RN LN WARDENSVILLE GR0 250 500125 Feet
VAR # 19 - 25: Angela BarnettPIN: 59 - A - 16CFront Yard VarianceZoning Map
VAR #19 -25
VAR #19 -25
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59 A 16C
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VAR # 19 - 25: Angela BarnettPIN: 59 - A - 16CFront Yard VarianceLocation Map
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 16, 2025
Agenda Section: Public Hearings
Title: Variance #20-25 for Yesenia Portillo
Attachments:
BZA09-16-25_VAR20-25_Redacted.pdf
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VARIANCE #20-25
Applicant Name: Yesenia Portillo
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 92-A-12C
Address Huttle Road, Middletown
Magisterial District Opequon
Acreage +/-2.83 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use:
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: Vacant
Variance Requested & Reasoning
The applicant is requesting a 70-foot variance to a required 100-foot rear setback which will
result in a 30-foot rear setback for a dwelling.
Reasoning: This property cannot meet the current RA setbacks due to narrowness of lot and
buildable area overlapping.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 100-Ft N/A 100-Ft
Right 60-Ft N/A 60-Ft
Rear 100-Ft 70-Ft 30-Ft
Staff Comments:
• This 2.83-acre property was created in 1990.
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• 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.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, side and rear 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 setbacks for the RA Zoning
District on February 28, 2007, making the current setbacks for this property 100-feet
from the front, 100-feet from the left, 100-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
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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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Application
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613HUTTLE RD
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Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 25, 2025
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0 140 28070 Feet
VAR # 20 - 25: Yesenia PortilloPIN: 92 - A - 12CRear Yard VarianceLocation Map
VAR #20 -25
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