HomeMy WebLinkAbout29-24 BZA Staff Report VARIANCE #29-24
Applicant Name Mike Artz (Baljit Sandu)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 10, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 18A04-4A-2-60
Address 202 Laurel Drive, Cross Junction
Magisterial District Gainesboro
Acreage 0.28+/- acres
Zoning & Present Land Use Zoning: R5 (Residential Recreational
Community) District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: R5 (Residential Recreational
Community) District
Land Use: Vacant
South: R5 (Residential Recreational
Community) District
Land Use: Residential
East: R5 (Residential Recreational
Community) District
Land Use: Residential
West: R5 (Residential Recreational
Community) District
Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 5-foot variance to a required 35-foot front yard setback which
will result in a 30-foot front for a porch. The property cannot meet the current R5 setbacks due
to the narrowness and topography of the parcel.
Minimum Variance Requested Resulting Setback
Front 35-feet 5-feet 30-feet
Left 10-feet N/A N/A
Right 10-feet N/A N/A
Rear 25-feet N/A N/A
94
Page 2 of 2
Staff Comments: This 0.28 +/- acre property was created in 1972 as part of the Lake Holiday
subdivision. The property is currently zoned R5 (Residential Recreational Community) District.
The R5 District was created in 1972. This property does not have Building Restriction Lines (BRL)
assigned to it. The property would have to meet the current RP (Residential Performance) District
per the requirements of the R5 District. The setbacks for properties within the RP District are 35-
feet for the front, 10-feet for the side yards and 25-feet for the rear yard. This property has
narrowness and topography constraints that require the request for a front yard variance.
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 R5 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.
95