HomeMy WebLinkAbout01-25 BZA Staff Report VARIANCE #01-25
Applicant Name Mike and Kathleen Lattimer
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: February 6, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: February 18, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 55N-1-4-131
Address 116 Triangle Court
Magisterial District Red Bud
Acreage 0.31+/-
Zoning & Present Land Use Zoning: RP (Residential Performance)
District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) District Land Use: Open Space
South: RP (Residential Performance) District Land Use: Residential
East: RP (Residential Performance) District Land Use: Residential
West: RP (Residential Performance) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 15-foot variance to a required 25-foot rear yard setback which
will result in a 10-foot rear yard setback for a deck.
Reasoning: This property cannot meet the current RP setbacks for a pipestem lot.
Minimum Variance Requested Resulting Setback
Front 20 Ft N/A 20 Ft
Left 20 Ft N/A 20 Ft
Right 20 Ft N/A 20 Ft
Rear 25 Ft 15 Ft 10 Ft
Staff Comments:
• This property was created in 2020 as part of the Abrams Pointe subdivision and is Zoned
RP (Residential Performance). This property is a pipestem lot with different setbacks than
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other RP lot types with respect to reduced setbacks for decks and other similar features.
The setbacks for this lot type are noted above.
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 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.