HomeMy WebLinkAbout22-24 BZA Staff ReportVARIANCE #22-24
Applicant Name Sandra Diaz & Andrew Politano
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 27, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 15, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 55N-1-4-126
Address 106 Triangle Ct.
Magisterial District Red Bud
Acreage 0.36 +/- acres
Zoning & Present Land Use Zoning: RP (Residential Performance)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) Land Use: Open Space
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting an 8-foot variance to a required 25-foot rear yard setback which
will result in a 17-foot rear yard setback for a deck.
Reasoning: The property cannot meet the current RP setbacks for a pipestem lot.
Minimum Variance Requested Resulting Setback
Front 20’ N/A 20’
Left 20’ N/A 20’
Right 20’ N/A’ 20’
Rear 25’ 8’ 17’
Staff Comments:
This property was created in 2020 as part of the Abrams Pointe subdivision and is zoned RP. This
property is a pipestem lot with different setbacks than other RP lot types with respect to reduced
setbacks for decks and similar features. The setbacks for this lot type are noted above.
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Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a)The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d)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;
e) The granting of the variance does not result in a use that is otherwise permitted on such
property or change in the zoning classification of the property; and
f)The relief or remedy sought by the variance is not available through a conditional use permit
process or the process for modification of a Zoning Ordinance.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a
request for a variance from the current setbacks of the RP Zoning District and may be
appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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