HomeMy WebLinkAbout24-24 BZA Staff Report VARIANCE #24-24
Applicant Name Mike Artz (Karina & Daniel Granado)
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) 85A-2-A-12
Address Campbell Ln.
Magisterial District Opequon
Acreage 0.8364+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 35-foot variance to a required 50-foot left yard setback which
will result in a 15-foot left yard setback and a 35-foot yard variance to a required 50-foot right
yard setback which will result in a 15-foot right side variance for dwelling. The property
cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60’ N/A 60’
Left 50’ 35’ 15’
Right 50’ 35’ 15’
Rear 100’ N/A 100’
Staff Comments:
This property was part of the E.R. Conner Subdivision created in 1953. This property does not
have Building Restriction Lines (BRL) assigned to it and would have to meet the current RA
District setbacks. The Frederick County historical zoning map shows this property as being zoned
A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
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Ordinance were 35-feet for the front, 35-feet for the side yards and 35-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change the A-2 Zoning District to the RA
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60-feet for the
front, 100-feet to the rear, and 50-feet left-side yard and 50-feet right-side yard.
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 a 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 RA 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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