HomeMy WebLinkAbout02-25 BZA Staff ReportVARIANCE #02-25
Applicant Name Mason See (Mike Artz)
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) 86B-3-A-28
Address
Magisterial District Opequon
Acreage 0.45+/-
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
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 23-foot variance to a required 60-foot front yard setback which
will result in a 37-foot front yard setback and a 29.1-foot variance to a required 50-foot rear
yard setback which will result in a 20.9-foot rear yard setback for a dwelling.
Reasoning: This property cannot meet the current RA setbacks.
** Information on corner lots provided on Page 3 **
Minimum Variance Requested Resulting Setback
Front (West St.) 60 Ft N/A 60 Ft
Left 50 Ft N/A 50 Ft
Front (Virginia Dr.) 60 Ft 23 Ft 37 Ft
Rear 50 Ft 29.1 Ft 20.9 Ft
Staff Comments:
•This 0.45 +/- acre property was created in 1967.
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Page 2 of 3
•This property is currently zoned RA (Rural Areas). This property does not have Building
Restriction Lines (BRL) assigned to it and would have to meet the current RA District
setbacks.
•As 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, rear and side yards.
•Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the
RA (Rural Areas) Zoning District.
•The Frederick County Board of Supervisors amended the primary setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60-
feet for the front (West St.), 50-feet for the rear, 60-feet for the right (Virginia Dr.
frontage) side and 50-feet for the left side.
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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Page 3 of 3
Section 165-201.02 Setback Requirements
D.Corner lots. On a lot with more than one side abutting a street or road, front setback yards shall
be provided wherever the lot abuts a street. To determine the location of side and rear boundaries,
the front shall be deemed to be the shortest side with frontage on the street or road. The rear
boundary, with a required rear yard setback, shall be deemed to be opposite from the front side. All
other sides not abutting a street shall be deemed to be side boundaries. The Zoning Administrator
may determine that a side other than the shortest is the front in order to ensure that the placement
of the setback yards conforms with the placement of structures on surrounding lots. In all cases, a
front and rear yard shall be designated.
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