HomeMy WebLinkAboutBZAAgenda2025October211.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of September 16, 2025
4.Public Hearings
4.A.Variance #21-25 for Stephen and Bridgette Mansfield
Submitted a request for a 50-foot variance to a required 100-foot right yard setback
resulting in a 50-foot right yard setback for a dwelling. The property is located at 1291
Valley Mill Road, Winchester, and is identified with Property Identification Number 55-A-
165F in the Red Bud Magisterial District
4.B.Variance #22-25 for Ronald Maher, Jr.
Submitted a request for a 4-foot variance to a required 50-foot left side yard setback
resulting in a 46-foot left side yard setback for a dwelling. The property is located at 442
Shady Creek Road, Clear Brook, and is identified with Property Identification Number
34-A-91A in the Stonewall Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, OCTOBER 21, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA10-21-25MeetingMinutesSeptember16.pdf
BZA10-21-25_VAR21-25_Redacted.pdf
BZA10-21-25_VAR22-25_Redacted.pdf
1
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 21, 2025
Agenda Section: Meeting Minutes
Title: Minutes of September 16, 2025
Attachments:
BZA10-21-25MeetingMinutesSeptember16.pdf
2
Frederick County Board of Zoning Appeals 1968
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 September 16, 2025.
PRESENT: Dudley Rinker, Vice-Chairman Back Creek; John Cline, Stonewall District; James Prohaska,
Opequon District; Linda Whitacre, Gainesboro District; Dolores Stottlemyer, Shawnee District and Ronald
Madagan, Member at Large.
ABSENT: Eric Lowman, Chairman, Red Bud District
STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary.
CALL TO ORDER
The meeting was called to order by Vice-Chairman Rinker at 3:30 p.m. and he determined there is a quorum.
Vice-Chairman Rinker led the Pledge of Allegiance.
Vice-Chairman Rinker asked if there are any applications for October. Mr. Cheran replied, yes the cutoff
is this Friday, September 19, 2025.
Mr. Cline made a motion to approve the meeting minutes with a correction for July 15, 2025, and was
seconded by Mr. Prohaska and was unanimously approved.
PUBLIC HEARING
Variance #16-25 for Middletown Data Center (Maxwell H. Wiegard, Esq.) 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 an
addition (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.
Mr. Cheran came forward to present his staff report and two maps of the property. Mr. Cheran explained
this particular parcel has two fronts because it is on a corner lot. The shortest side is always considered the
front in this case Interstate 81 side needs the variance. This parcel was created in 1970, and the zoning is
M1 (Light Industrial). The setback lines at the adoption of the Zoning Ordinance were 75 feet for the front,
and 25 feet from the rear and sides.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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;
3
Frederick County Board of Zoning Appeals 1969
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.
Mr. Cheran said in closing that this property cannot meet the current M1 primary setbacks due to the
narrowness of buildable area. The variance appears to be consistent with the District and meets the intent
of The Code of Virginia and Code of Frederick County.
Maxwell Wiegard represents the applicant. Mr. Wiegard states the college is in need of additional backup
power because customer needs are demanding and increase compacity of students. Throughout the property
there are water and easement restrictions. This prevents certain placement of the addition (generator). Mr.
Wiegard handed out two exhibits. He explained the first exhibit is the general proposed data center addition,
electrical equipment, generator with proposed building setback requirements, easements, and water
restriction. The second one is an arial view of the I81 side of property with the new pad.
Mr. Prohaska verified if the generator would be enclosed because of the noise and the generator will be a
natural gas generator. Vice-Chairman Rinker inquired about the old generator. Mr. Wiegard stated they
have been disposed of.
PUBLIC COMMENT
Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request. No one
came forward.
PUBLIC HEARING CLOSED
On a motion made by Mr. Prohaska to approve Variance #16-25 for Middletown Data Center LLC, was
seconded by Mr. Madagan and was unanimously approved.
PUBLIC HEARING
Variance #17-25 for Alan Newlin, II (Mike Artz) 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.
Mr. Cheran came forward to present his staff report. He presented two maps of the property. Mr. Cheran
proceeded with background information on the parcel. This parcel is located on McDonald Road and is
1.1162 acres and is zoned (RA) Rural Areas in the Back Creek Magisterial District. This parcel was created
in 1979, and the zoning was A-1 District. In 1989, the ordinance was amended by changing A-1 to RA
District. Again, the Board of Supervisors amended the ordinance in 2007 changing the setback to 60 feet
from the front, 50 feet from the left, 100-feet from the right and 100 feet from the rear of the property.
4
Frederick County Board of Zoning Appeals 1970
Staff stated this parcel cannot meet the current setbacks so 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 and a 49.8-foot variance
to a required 100-foot right side yard which will result in a 50.2-foot right side yard setback.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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.
Staff concluded, with the proposed variance, it meets the criteria of the Code of Virginia and Code of
Frederick County and is consistent with the character of that District.
Mr. Mike Artz came forward representing the Applicant. The reason for this application is because there
is an existing trailer on the parcel which dates to the 1970’s. The trailer does need to be replaced. The
footprint of the replacement trailer is larger than the existing trailer. The trailer will be placed so the
setbacks for the road and right side will remain the same as the existing trailer now.
PUBLIC COMMENT
Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request. No one
came forward.
Ms. Stottlemyer asked if the trailer is occupied now. The reply was yes.
PUBLIC HEARING CLOSED
On a motion made by Mr. Madagan to approve Variance #17-25 for Alan Newlin II and was seconded by
Mr. Cline and was unanimously approved.
PUBLIC HEARING
Variance #18-25 for Edward and Barbara Modzelesky (Mike Artz) 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 Lakeshore Drive, Cross Junction and is identified with Property Identification
Number 18A1-3-1B-19 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present a staff report and two maps of the property. The parcel is on a corner
lot and was created in 1993 within the Lake Holiday Subdivision in the R5 Zoning District. The assigned
setbacks for a R5 lot are 35 feet from the front, 25 feet from the rear 35 feet from the left and 10 feet from
the right side. When determining the front of a property that has two sides abutting a road or a street, the
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Frederick County Board of Zoning Appeals 1971
shortest distance is the front. The Lake Holiday subdivision was submitted in 1970 and there have been no
changes to that subdivision design plan and no master development plan has been submitted. The R5
Zoning District would follow the RP Zoning District setbacks. Mr. Cheran stated that 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.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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. Mike Artz representing Mr. and Mrs. Modzelesky pointed out the house meets the current setbacks,
but it is also on a corner lot. The applicant has an existing patio and requests to enclose the patio with a
screened porch. The lot beside of the applicants are under new construction.
PUBLIC COMMENT
Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request. No one
came forward.
PUBLIC HEARING CLOSED
On a motion made by Ms. Whitacre to approve Variance #18-25 Edward and Barbara Modzelesky and
was seconded by Mr. Cline and was unanimously approved.
PUBLIC HEARING
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.
Staff came forward to present a staff report and two maps. The parcel was created in 1978 with no building
restriction lines so that means the applicant would need to follow today’s current setbacks. This 9.44 -acre
property is zoned RA. The historical maps show this property zoned A-2 (Agricultural General) at creation
of lot. At the adoption of the Ordinance, setbacks were 35 feet for the front, side and rear yard. The A-2
Zoning District was changed on February 28, 2007, making the current setback to 60-feet from the front,
50-feet from the left, and 100-feet for the right and rear of property lines. Mr. Cheran stated there is a
deeded easement and topography slopes on this parcel.
6
Frederick County Board of Zoning Appeals 1972
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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.
Ms. Barnett came forward and stated this property has been in her family since 1800. The property that she
adjoins is her father. Her father has a 40-foot easement through her property to reach his land. In the back of
the property, is approximately a 60 foot drop off. She would like to place a single family one level home on a
concrete slab. The surrounding properties are owned by relatives.
PUBLIC COMMENT
Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request.
Mr. Michael Barnett of Back Creek District came forward. His easement runs through the parcel which
makes it difficult to place a house as well as the slopes. The request for a variance would be alright by
him because that would affect his parcel.
PUBLIC HEARING CLOSED
On a motion made by Mr. Madagan to approve Variance #19-25 Angela Barnett was seconded by Mr.
Prohaska and was unanimously approved.
PUBLIC HEARING
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
property on the right and is identified with Property Identification Number 92-A-12C in the Opequon
Magisterial District.
Mr. Cheran came forward to present his staff report and maps. The 2.83-acre property is located on Huttle
Road in the Opequon Magisterial District and is vacant. The applicant is requesting a rear variance of 70-
foot to a required 100-foot rear setback which will result in a 30-foot rear for a dwelling.
Staff gave background history; currently the property is RA and does not have building restriction lines.
The applicant would follow today’s setbacks. At one time the property was zoned A-2 and when zoning
was adopted the setbacks were 35-feet for the front, sides and rear yards. The Board of Supervisors amended
the ordinance in 1989 changing the A-2 to RA District. The setback was amended by the Board of
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Frederick County Board of Zoning Appeals 1973
Supervisors on February 28, 2007, making the setbacks 60-ft from the front, rear and left side is 100-ft and
the right side is 60-ft from the property lines.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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.
In 2007, when the Frederick County Code changed in the RA District the left, right and rear setbacks are
decided by the adjoining acreage. If the adjoining acreage is 5 acres or more it has a setback of 100 feet
from the property line. If the adjoining property has less than 5 acres, the setback is 50 feet from the
property line. If the property abuts an orchard or Agricultural and Forestal District the setback is 200 feet
from the property line.
The Board members had questions about lot creation year, is property vacant, and is the property limited
development. Any citizen can purchase a parcel and may or may not have to come to the Board for a
variance to build. Mr. Cheran mentioned the County does not regulate deeds or covenants. Staff makes
sure that the lot is recorded in the Courthouse.
The applicant did not come forward because she did not prepare a statement. Mr. Cheran mentioned that
the department had several letters opposing this variance.
PUBLIC COMMENT
Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request.
A resident, Steven Dove of 542 Huttle Road, had concerns about the water. Two waterways come together,
and several culverts divert the water, and it floods the area where she wants to build. The proposed septic
field would be flooded, and the waste would come into the stream on his property. The property is
approximately 60 feet flat then goes up a steep incline.
Evan Strianese at 542 Huttle Road came forward. He had several concerns about the two water ways that
come together on her property. The United States Department of Agricultural inspector visited his property
and suggested that animals should not consume the water because of purity of West Run. A pilot program
called Conservancy Clean Water was going to research the quality of the water. Mr. Strianese presented a
(phone) map from the Department of Agriculture showing a flood zone. In August 1996, High Power line
was instructed by the Historian for the Historical Resource State of Virginia to work around the 542
residences because of the historic property. His land has three mills, a historical barn and a house structure
on the property which is listed at #25 registered list for historical properties.
A board member inquired about the distance from the 542 residence to the Yesenia Portillo property. Mr.
Dove stated approximately 425 linear feet. A board member inquired if a septic could be placed on this
property. Mr. Cheran replied yes, because the area placement of a septic is not in the flood zone and to his
8
Frederick County Board of Zoning Appeals 1974
knowledge the Commonwealth of Virginia does not regulate flood zones. Staff stated if the parcel was in
the Floodway or Floodplain then no septic system could be built. Also, if the property is in the Floodplain,
the applicant would need to get a FEMA elevation certificate. The applicant would follow the Building
and Health Department Codes. FEMA has regulations for building in the floodplain and floodways. The
Building Department follows the FEMA regulations. Mr. Cheran stated the County has a Historic Resource
Advisory Board. Whenever a rezoning is applied for, the County requirement is an archaeological survey
of the parcel. Staff comments on the survey before the application is moved onto the Planning Commission
and Board of Supervisors. Mr. Cheran mentioned, prior to 2021 no one could build in the floodway or
flood plain but since then FEMA has changed the maps. A board member asks what if we granted the
variance today and the applicant does not build and sells the lot. Staff replied to the variance would stay
with the parcel.
PUBLIC HEARING CLOSED
On a motion made by Mr. Prohaska to approve Variance #20-25 for Yesenia Portillo and was seconded
by Mr. Madagan and the vote was 4 to 2 approval.
The meeting was adjourned at 4:45.
Respectfully submitted,
__________________________
Eric Lowman, Chairman
__________________________
Pamala Deeter, Secretary
9
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 21, 2025
Agenda Section: Public Hearings
Title: Variance #21-25 for Stephen and Bridgette Mansfield
Attachments:
BZA10-21-25_VAR21-25_Redacted.pdf
10
VARIANCE #21-25
Applicant Name: Stephen and Bridgette Mansfield
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: October 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 21, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 55-A-165F
Address 1291 Valley Mill Road
Magisterial District Red Bud
Acreage 5.02+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: MH1 (Mobile Home Community) Land Use: Mobile Home Community
South: RA (Rural Areas) Land Use: Vac ant
East: RA (Rural Areas) Land Use: Residential
West : RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 50-foot variance to a required 100-foot right setback which will
result in a 50-foot right setback for a dwelling.
Reasoning: This variance is for a smaller building area for a dwelling.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 100-Ft N/A N/A
Right 100-Ft 50-Ft 50-Ft
Rear 100-Ft N/A N/A
Staff Comments:
• This 5.02-acre property was created in 2023 as a family subdivision with current RA
District setbacks
11
Page 2 of 2
• 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, 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 meets 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 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:
It appears that this variance does not meet the intent of the Code of Virginia or the Code of
Frederick County. The applicant created the parcel in 2023 with the current setbacks of the RA
(Rural Areas) District. This variance request from the current RA setbacks may not be justified as
the applicant was aware of the setback requirements to create this parcel.
Staff would recommend denial of this variance application, as the setback requirements currently
can be met. The strict application of the Frederick County Zoning Ordinance does not produce an
unreasonable restriction on the property as required by the Code of Virginia and the Code of
Frederick County.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
12
55 A 165F
112MILLSTONE CIR
113MILLRACE DR 112MILLRACE DR
1291VALLEYMILL RD
114MILL STONECIR 114MILLRACE DR
115MILLRACE DR
116MILL STONECIR
117MILLRACE DR 116MILLRACE DR
101JULEE DR 118MILLRACE DR
103JULEE DR
105JULEE DR 120MILLRACE DR
123MILLRACE DR 122MILLRACE DR
106JULEE DR 124MILLRACE DR
100GINGER ST
2432BERRYVILLEPIKE
125MILLRACE DR
126MILLRACE DR
102GINGER ST
127MILLRACE DR
128MILLRACE DR
104GINGER ST
129MILLRACE DR
130MILLRACE DR
106GINGER ST 131MILLRACE DR
132MILLRACE DR
108GINGER ST
200MILLRACE DR
101ELEANOR LN
103ELEANOR LN
202MILLRACE DR
204MILLRACE DR
2430BERRYVILLEPIKE
JULEE DR
MILL RACE DRMILL RACE DRApplication
Sewer and Water Service A rea
Parcels
MH1 (Mobile Home Comm unity District)
RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 16, 2025
SEMINOLEDR
BISCANECTWOODSMILL RDMI
LL RACE DRNASSAU DRCHANNING
DRJULEEDR
EVETTEPLBERRYVILLE PIKE
SOLARADRWALLSCIR
EDDYSLNCAMDENDRASBURY RD
REBECCA DRSETTLERS CI
RL IK E N SWAY BURNTFACTORY RDVA L L E Y M I L L R D
¬«7¬«7
0 180 36090 Feet
VAR # 21 - 25: Stephen and Bridgette MansfieldPIN: 55 - A - 165FRight Side VarianceZoning Map
VAR #21 -25
13
55 A 165F
112MILLSTONE CIR
113MILLRACE DR 112MILLRACE DR
1291VALLEYMILL RD
114MILL STONECIR 114MILLRACE DR
115MILLRACE DR
116MILL STONECIR
117MILLRACE DR 116MILLRACE DR
101JULEE DR 118MILLRACE DR
103JULEE DR
105JULEE DR 120MILLRACE DR
123MILLRACE DR 122MILLRACE DR
106JULEE DR 124MILLRACE DR
100GINGER ST
2432BERRYVILLEPIKE
125MILLRACE DR
126MILLRACE DR
102GINGER ST
127MILLRACE DR
128MILLRACE DR
104GINGER ST
129MILLRACE DR
130MILLRACE DR
106GINGER ST 131MILLRACE DR
132MILLRACE DR
108GINGER ST
200MILLRACE DR
101ELEANOR LN
103ELEANOR LN
202MILLRACE DR
204MILLRACE DR
2430BERRYVILLEPIKE
JULEE DR
MILL RACE DRMILL RACE DRApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 16, 2025
SEMINOLEDR
BISCANECTWOODSMILL RDMI
LL RACE DRNASSAU DRCHANNING
DRJULEEDR
EVETTEPLBERRYVILLE PIKE
SOLARADRWALLSCIR
EDDYSLNCAMDENDRASBURY RD
REBECCA DRSETTLERS CI
RL IK E N SWAY BURNTFACTORY RDVA L L E Y M I L L R D
¬«7¬«7
0 180 36090 Feet
VAR # 21 - 25: Stephen and Bridgette MansfieldPIN: 55 - A - 165FRight Side VarianceLocation Map
VAR #21 -25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: October 21, 2025
Agenda Section: Public Hearings
Title: Variance #22-25 for Ronald Maher, Jr.
Attachments:
BZA10-21-25_VAR22-25_Redacted.pdf
25
VARIANCE #22-25
Applicant Name: Ronald Maher Jr.
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: October 6, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 21, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 34-A-91A
Address 442 Shady Creek Road
Magisterial District Stonewall
Acreage 1.00+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
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 4-foot variance to a required 50-foot left setback which will
result in a 46-foot left setback for a mobile home.
Reason: This property cannot meet the current RA setbacks due to the size of the property and
location and size of replacement mobile home.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 50-Ft 4-Ft 46-Ft
Right 100-Ft N/A N/A
Rear 50-Ft N/A N/A
Staff Comments:
•This 1.00+/acre property was created in 1968.
•The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
26
Page 2 of 2
• 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 50-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 meets 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 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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BACKWOODS LN
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: September 29, 2025
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VAR # 22 - 25: Ronald Maher, Jr.
PIN: 34 - A - 91A
Left Side Variance
Zoning Map
Application
Parcels
VAR #22-25
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34 A 91A
244
BACKWOODS LN
141
SISTER
CHIPMUNK
441
SHADY
CREEK RD
437
SHADY
CREEK RD
473
SHADY
CREEK RD
506
SHADY
CREEK RD
380
SHADY
CREEK RD
476
SHADY
CREEK RD
µ
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: September 29, 2025
BAC
K
W
O
O
D
S
L
N
SISTER C
HI
P
M
U
N
K
L
N
0 80 16040 Feet
SH
A
D
Y
C
R
E
E
K
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D
VAR # 22 - 25: Ronald Maher, Jr.
PIN: 34 - A - 91A
Left Side Variance
Location Map
Application
Parcels
VAR #22-25
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