HomeMy WebLinkAbout07-24 BZA Staff Report
VARIANCE APPLICATION #07-24
BRIAN K. WOODALL
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 3132 Apple Pie Ridge Road, Winchester.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 32-A-63G
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: Residential/Agricultural
East: RA (Rural Areas) District Use: Vacant
West: RA (Rural Areas) District Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 25-foot variance to a required 50-foot rear
yard setback which will result in a 25-foot rear yard setback for an addition to the existing dwelling.
REASON FOR VARIANCE: The Applicant wants to construct an addition to a dwelling and
cannot meet the currant RA (Rural Areas) setbacks.
STAFF COMMENTS: This 5.0+/- acre property was created in 1986 as part of the Whitehall
Estates subdivision 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
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Variance #07-24 – Brian K. Woodall
Page 2
March 8, 2024
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, 50-
feet to the rear, and 100-feet left-side yard and 50-feet right-side yard.
This application for a variance does not meet the requirements as set forth by The Code of Virginia
15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements of the RA
Zoning District do not produce an unreasonable restriction on the property. The Applicant owns the
adjoining property and can increase the size of the current property to meet the RA District for this
addition.
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.
It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2).
This request from the current setbacks of the RA Zoning District may not be justified. Staff would
recommend denial of this variance application, as the setback requirements currently can be met by
increasing the size of the current property. The strict application of the Frederick County Zoning
Ordinance does not produce an unreasonable restriction on the property as required by the Code of
Virginia 15.2-2309 (2).
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