HomeMy WebLinkAbout11-24 BZA Staff ReportVARIANCE APPLICATION #11-24
ESTATE OF VIRGINIA UNGER (K. UNGER, POA)
Staff Report for the Board of Zoning Appeals
Prepared June 7, 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:
June 18, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 288 Milburn Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-28J
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: R4 (Residential Planned Community) Use: Open Space
South: RA (Rural Areas) Use: Residential
East RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 100-foot rear yard variance to a 200-
foot required foot rear yard setback which will result in a 100-foot rear yard setback and a 100-foot
right side yard to a required 200-foot right side yard setback resulting in 100-foot right side yard
setback for a primary structure.
REASON FOR VARIANCE: The property cannot meet the current rear setback 200-foot rear yard
setback and 200-foot right yard setback for a primary structure. The adjoining properties are located
within the Red Bud Agricultural and Forestal District.
STAFF COMMENTS: This 8.3 +/- acre property was created in 2024 as part of a minor rural
subdivision. The property is currently zoned RA (Rural Areas) District and the adjoining properties
are located within the Red Bud Agricultural and Forestal District. The Zoning Ordinance requires
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Variance #11-24 – Estate of Virginia Unger (Kenneth Unger)
Page 2
June 7, 2024
that properties adjoining any of the county’s Agricultural and Forestal District have a minimum
setback of 200-feet. The setbacks for this property are: 60-feet front, 100-feet left yard, and 200-feet
right and rear yard.
STAFF CONCLUSIONS FOR THE JUNE 18, 2024, MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance.
3) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4) The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5) 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.
6) 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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