HomeMy WebLinkAbout01-23 BZA Staff Report
VARIANCE APPLICATION #01-23
DONALD LANG & MANDY LANG
Staff Report for the Board of Zoning Appeals
Prepared March 7, 2023
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:
March 21, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 102 Woodtop Court, Stephens City.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 85C-1-2-54
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 19-foot front yard variance to a required
35-foot front yard setback which will result in a 16-foot front yard setback and a 28-foot front yard
variance to a required 35-foot front yard setback which will result in a 7-foot front yard setback for an
accessory structure (detached garage).
REASON FOR VARIANCE: The size and front setbacks of a corner lot do not allow the
accessory structure to meet the current front setbacks.
STAFF COMMENTS: The property is located within the Ridgefield Subdivision that was created
1980. The property is a corner lot of 12,000 sq. ft. in size with two (2) fronts zoned RP (Residential
Performance). The setback for this property is 35-feet along Woodtop Court 10-feet left side, 25-feet
rear and 35-feet along Ridgefield Ave. Any primary or accessory has to meet the primary setback of a
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Variance #01-23 – Donald Lang & Mandy Lang
Page 2
March 7, 2023
corner lot. Any structure built in the front yard areas on this property must meet the 35-foot setback.
The Applicant is requesting a variance of 19-feet from the required 35-foot front yard setback
resulting in a16-foot front yard setback and a 28-foot front yard variance to a required 35-foot front
yard setback which will result in a 7-foot yard setback along Ridgefield Ave.to construct an
accessory structure (detached garage).
STAFF CONCLUSIONS FOR THE MARCH 21, 2023, 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 of the RP (Residential Performance) Zoning District may be justified.
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