HomeMy WebLinkAbout06-24 BZA Staff Report
VARIANCE APPLICATION #06-24
JEFFREY AND PATRICIA WARTLUFT
Staff Report for the Board of Zoning Appeals
Prepared March 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:
March 19, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 1079 Gun Club Road, Stephenson.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 45-A-14
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Residential
South: RA (Rural Areas) District Use: Residential
East: RA (Rural Areas) District Use: Vacant
West: RA (Rural Areas) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15-foot variance to a required 60-foot
front yard setback which will result in a 45-foot front yard setback and a 25-foot variance to a required
60-foot front yard setback which will result in a 35-foot front yard setback for a dwelling.
REASON FOR VARIANCE: The property cannot meet the current RA (Rural Areas) setbacks for
a dwelling.
STAFF COMMENTS: This 1.67+/- 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
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Variance #06-24 – Jeffrey and Patricia Wartluft
Page 2
March 8, 2024
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
setback lines at the adoption of the Zoning Ordinance were 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 (Gun Club Rd. and Old Charleston Rd.), 200-
feet to the rear, and 50-feet left-side yard.
STAFF CONCLUSIONS FOR THE MARCH 19, 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 may be) Zoning District may be appropriate.
.
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