HomeMy WebLinkAbout08-24 BZA Staff Report
VARIANCE APPLICATION #08-24
GENE & MELISSA WALKER
Staff Report for the Board of Zoning Appeals
Prepared March 29, 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:
April 16, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 127 Skipper Drive, Lake Frederick.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-5-2-74
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Open Space
East: R5 (Residential Recreational Community) Use: Residential
West R5 (Residential Recreational Community) Use: Residential
VARIANCE REQUESTED: The Applicant is seeking a 2.5 ft. rear yard setback variance to a
required 15-ft. rear yard setback to enclose/screen in an existing uncovered deck resulting in a 12.5-ft.
rear setback for the covered porch.
REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch
due to the size of the property and location of the existing dwelling.
STAFF COMMENTS: This property was created as a single-family small lot type. The building
setbacks for this lot type are: 25-ft. front, 5-ft. sides and 15-ft. in the rear. This dwelling currently has
an uncovered deck which is 5-ft. from the rear property line. Setbacks for uncovered decks is 5-ft.
from the rear and a covered porch type must meet the rear setback of 15-ft., as they become part of
the principal structure. The Applicant is requesting the variance to allow the deck to be enclosed.
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Variance #08-24 – Gene & Melissa Walker
Page 2
March 29, 2024
The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE APRIL 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 request from the
current setbacks of the R5 (Residential Recreational Community) Zoning District may be justified.
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