HomeMy WebLinkAbout10-22 BZA Staff Report
VARIANCE APPLICATION #10-22
KRYSSTAL DELALUZ
Staff Report for the Board of Zoning Appeals
Prepared August 4, 2022
Staff Contact Mark R. Cheran Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
August 16, 2022
Public Hearing; Action Pending
LOCATION: The property is located at Collinsville Road, Cross Junction.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 12-A-16
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 43.3-foot rear yard variance to a required
100-foot rear yard setback which will result in a 56.7-foot rear setback for a single-family dwelling.
REASON FOR VARIANCE: The property shape and power line easement does not allow for the
rear setback to be met.
STAFF COMMENTS: The property is 2.087+/- acres in size and currently zoned RA (Rural Areas)
and was created on July 10, 1986, via Deed book 621 page 258. This subdivision does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural
Areas) District setbacks. The Frederick County historical zoning map shows this property as being
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
Ordinance 35-feet for the front, 15-feet for the side yards and 35-feet for the rear yard. Frederick
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Variance #10-22 – Krysstal Delaluz
Page 2
August 4, 2022
County amended its Ordinance in 1989 to change the A-2 Zoning District to the RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60-feet for the
front, 100-feet to the rear, and 50-feet left-side yard and 50-feet right-side yard.
The Applicant is requesting a variance of 43.3-feet from the required 100-feet rear yard setback
resulting in a 56.7-foot rear yard setback, to construct a single-family dwelling. The setbacks for this
property should the variance be approved would be front 60-feet, left side yard 50-feet, right side
yard 50-feet and rear yard 56.7-feet.
STAFF CONCLUSIONS FOR THE AUGUST 16, 2022 MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall
be granted unless the application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good faith.
2) The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on such
property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special exception or
the process for modification of a zoning ordinance.
This proposed variance appears to be consistent with the character of the District; and meets the
intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from the
current setbacks of the RA (Rural Areas) Zoning District may be justified.
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