HomeMy WebLinkAbout25-24 BZA Staff Report VARIANCE #25-24
Applicant Name Rena Maffei
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: November 8, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: November 19, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 70-A-68A
Address 280 Mountain Falls Road
Magisterial District Back Creek
Acreage 5.72+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Vacant
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 45-foot variance to a required 100-foot rear yard setback which
will result in a 55-foot rear yard setback for a dwelling. The property cannot meet the current
RA setbacks due to a 100-year floodplain.
Minimum Variance Requested Resulting Setback
Front 60 N/A 60
Left 100 N/A 100
Right 50 N/A 50
Rear 100 45 55
Staff Comments:
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 states 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;
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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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