HomeMy WebLinkAbout13-23 BZA Staff Report
VARIANCE APPLICATION #13-23
NEIL PUFFINBURGER (K. FOREMAN, POA)
Staff Report for the Board of Zoning Appeals
Prepared December 20, 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:
January 16, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 115 Cline Drive, Gore.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 37-8-A4
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 RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 5-foot front yard variance to a required
35-foot front yard setback which will result in a 30-foot front yard setback for a covered porch.
REASON FOR VARIANCE: The property cannot meet the current RP Zoning District setbacks.
STAFF COMMENTS: The property is 1.466 +/- acres in size and currently zoned RP (Residential
Performance). The property was created in 1977 without Building Restriction Lines (BRL) assigned
to the parcel and would have to meet current RP (Residential Performance) District setbacks. The
Frederick County historical zoning map shows this property as being zoned R2 (Residential General)
District. This was a result of a rezoning that was approved by Frederick County on November 13,
1974, that rezoned the property from A2 (Agricultural General) Zoning District to R2 (Residential
General) Zoning District. The property setback lines at the adoption of the Zoning Ordinance in
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Variance #13-23 – Neil Puffinburger (K. Foreman, POA)
Page 2
December 20, 2023
1967 were 35-feet front, 10-feet side yards and 25-feet rear yard. The County amended its Ordinance
in 1989 to change the R2 (Residential General) Zoning District to the RP (Residential Performance)
Zoning District., making the current setbacks for this property 35-feet front, 10-feet side yards, and
25-feet rear.
STAFF CONCLUSIONS FOR THE JANUARY 16, 2024, 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 is a request from
the current setbacks of the RP (Residential Performance) Zoning District.
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