HomeMy WebLinkAbout13-22 BZA Staff Report
VARIANCE APPLICATION #13-22
411 VICTORY ROAD, LLC
Staff Report for the Board of Zoning Appeals
Prepared November 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:
November 15, 2022
Public Hearing; Action Pending
LOCATION: The property is located at 411 Victory Road, in Winchester.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-80H
PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District
Land Use: Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M1 (Light Industrial) Use: Industrial
South: M1 (Light Industrial) Use: Industrial
East: B2 (General Business) Use: Vacant
West: M1 (Light Industrial) Use: Industrial
VARIANCE REQUESTED: The Applicant is requesting a 3.8-foot rear yard variance to a required
25-foot rear yard setback which will result in a 21.2-foot rear yard setback, and a 2.9-foot side
yard variance to a required 25-foot side yard setback which will result in a 22.1 -foot side yard setback,
for a 4,267 sq. ft. accessory structure.
REASON FOR VARIANCE: The proposed use of this property for an accessory structure cannot
meet the M1 setbacks.
STAFF COMMENTS: This 2.48 +/- acre property that is surrounded by M1 zoned properties. A
17,680 sq. ft. building is located on the property currently. This proposed variance would allow the
applicant to construct an accessory structure. There are no other accessory structures where this
structure will be located. Staff would note the adjoining properties are owned by the applicant.
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Variance #13-22 – 411 Victory Road, LLC
Page 2
November 4, 2022
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 M1 (Light Industrial) Zoning District may be justified.
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