HomeMy WebLinkAbout11-23 BZA Staff Report
VARIANCE APPLICATION #11-23
JAVIER VENTURA (PURCHASER) & PEDRO JOSE
Staff Report for the Board of Zoning Appeals
Prepared December 6, 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:
December 19, 2023
Public Hearing; Action Pending
LOCATION: The property is located east of Parkins Mill Road (Route 644) at the end of the street
property is on the right.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-57
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: Vacant
East: Clarke County Use: Clarke County
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 35-foot front yard variance to a
required 60-foot front yard setback which will result in a 25-foot front yard setback, and a 25-foot
right side yard variance to a required 50-foot right side yard setback which will result in a 25-foot
right side yard setback, and a 35-foot left side yard variance to a required 60-foot left yard setback
which will result in a 25-left foot front yard setback.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA Zoning
District due to the size, topography, and flood plain of the property.
STAFF COMMENTS: The property is 1.942 +/- acres in size and currently zoned RA (Rural
Areas). The property was created in 1985 and does not have the Building Restriction Lines (BRL)
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Variance #11-23 – Javier Ventura & Pedro Jose
Page 2
December 6, 2023
assigned to the parcel and would have to meet current RA (Rural Areas) District setbacks. Frederick
County adopted zoning in 1967. The Frederick County historical zoning map shows this property as
being zoned A-2 (Agricultural General), 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. The County
amended its Ordinance in 1989 to change the A-2 Zoning District to the RA (Rural Areas) Zoning
District. The County 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 60-feet left side
yard and 50-feet right side yard.
Should this variance be approved the setbacks for this property would be front 25-feet, 25-feet right
and 25-feet left side yard, and rear yard 100-feet.
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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 RA (Rural Areas) Zoning District may be justified.
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