HomeMy WebLinkAbout04-24 BZA Staff Report
VARIANCE APPLICATION #04-24
DAVID & ANNETTE DAGGETT. (M. ARTZ POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
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:
February 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located on the north side of Laurel Grove Road and 0.7 miles west of
Middle Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-A-7
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Residential
South: RA (Rural Areas) District Use: VPI experimental center
East: RA (Rural Areas) District Use: Vacant
West RA (Rural Araes) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 22.2-foot right side variance for a required
50-foot right side setback which will result in a 27.8-foot right side yard setback.
REASON FOR VARIANCE: The property cannot meet the current RA Zoning District.
STAFF COMMENTS: This 1.6151+/- acre property was created in 1943 and is currently zoned
RA (Rural Areas). This property 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
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Variance #04-24 – David & Annette Daggett (M. Artz, POA)
Page 2
February 8, 2024
setback lines at the adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards
and 35-feet for the rear yard. Frederick 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, 200-feet to the rear, and 100-feet left-side yard and 50-feet
right-side yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 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 RA (Rural Areas) Zoning District maybe appropriate.
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