HomeMy WebLinkAbout15-24 BZA Staff Report
VARIANCE APPLICATION #15-24
VITO & DANIELLE MARZARELLA
Staff Report for the Board of Zoning Appeals
Prepared August 2, 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:
August 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 120 Triangle Court, Winchester, Virginia.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 55N-1-4-133
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) District Use: Open Space
South: RP (Residential Performance) District Use: Residential
East RP (Residential Performance) District Use: Residential
West: RP (Residential Performance) District Use: Residential
VARIANCE REQUESTED: The Applicant is seeking an 8-ft. rear yard variance to a required 25-ft.
rear yard setback which will result in a 17-ft. rear setback for an accessory structure.
REASON FOR VARIANCE: The property cannot meet the current rear setback for the RP
(Residential Performance) Zoning District for a deck.
STAFF COMMENTS: This property was created in 2020 as part of the Abrams Pointe subdivision
that is zoned RP Zoning District. The setbacks for this property are: Front 20-feet, Left and Right side
20-feet and Rear 25-feet. The applicant is requesting variance to build an uncovered and covered deck on
the rear of the property,
Variance #15-24 – Vito & Danielle Marzarella
Page 2
August 2, 2024
STAFF CONCLUSIONS FOR THE AUGUST 20, 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) 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 a nature
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 RP (Residential Performance) Zoning District maybe appropriate.