HomeMy WebLinkAbout13-24 BZA Staff Report
VARIANCE APPLICATION #13-24
MAHLON ESTEP & DOROTHY ESTEP
(PATTY DEMMON)
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 146 Poe Drive, Winchester, Virginia in the Raven Oaks
Subdivision.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64G-4-1-16
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East RP (Residential Performance) Use: Residential
West: RP (Residential performance) Use: Open Space
VARIANCE REQUESTED: The Applicant is requesting a 11-foot rear yard variance to a 15-foot
required foot rear yard setback which will result in a 4-foot rear yard setback for a covered accessory
structure.
REASON FOR VARIANCE: The property cannot meet the current setbacks as the property is a
single-family small lot type with a covered deck. Setbacks for single-family small lot are: 25-foot
front, 5-foot sides, and 15-foot rear.
STAFF COMMENTS: The Ravens Oaks subdivision was created in 2022 as a single-family small
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Variance #13-24 – Mahlon & Dorothy Estep (Patty Demmon)
Page 2
June 7, 2024
lot type development. This lot type has setbacks of 25-feet front, 5-feet sides, and 25-feet rear. The
single-family small lot type has a reduced setbacks for unroofed deck of 10-feet rear and 5-feet
adjoining open space. Covered decks must follow the primary setbacks of the housing type. This
does back up to open space.
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
regarding setbacks for a covered deck for single-family small lot in the RP (Residential
Performance) Zoning District maybe appropriate.
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