HomeMy WebLinkAbout27-24 BZA Staff Report VARIANCE #27-24
Applicant Name Steven D. Shuman
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 10, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 64-7-1
Address 1515 Millwood Pike
Magisterial District Shawnee
Acreage 30,000 Sq. Ft
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) District Land Use: Open Space
South: RA (Rural Areas) District Land Use: Business
East: RA (Rural Areas) District Land Use: Vacant
West: RA (Rural Areas) District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 15-foot variance to a required 50-foot right side yard setback
which will result in a 35-foot right side yard setback and a 38-foot rear variance to a required
100-foot rear yard which will result in a 62-foot setback for a house addition. The property
cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60 N/A 60
Left 100 N/A 62
Right 50 15 35
Rear 100 38 62
Staff Comments:
• This 30,000 square foot property was created prior to 1964.
• The property is currently zoned RA (Rural Areas) District. This property does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA
District setbacks.
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• Since this lot was created prior to Zoning, the property was identified as being Zoned A-2
(Agricultural General) at the adoption of Zoning in 1967.
• The property setback lines at the adoption of the Zoning 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 from
the front, 100-feet from the left, 50-feet from the right, and 100-feet from the rear property
lines.
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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