HomeMy WebLinkAbout03-25 BZA Staff Report VARIANCE #03-25
Applicant Name Frederick C. Sahlin
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: March 28, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: April 15, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 30-A-98C
Address 311 Hunting Ridge Road
Magisterial District Gainesboro
Acreage +/-20,000 Sq. Ft
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Residential
West: RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 40-foot variance to a required 45-foot left side yard setback
which will result in a 5-foot left side yard setback for an accessory structure.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60 Ft N/A 60 Ft
Left 45 Ft 40 Ft 5 Ft
Right 50 Ft N/A 50 Ft
Rear 100 Ft N/A 100 Ft
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Staff Comments:
• This 20,000 +/- Sq. Ft. property was created in 1968.
• 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.
• The Frederick County historical zoning map shows this property was zoned A-1
(Agricultural Limited).
• The property setback lines at the adoption of the zoning ordinance were 35-feet for the
front yard setback and 15-feet for the side and rear yard setbacks.
• Frederick County amended its ordinance in 1989 to change the zoning district to the
current RA (Rural Areas) Zoning District, making the current setbacks for the property:
60-feet to the front, 100-feet to the rear, 45-feet from the left, and 50-feet from the right
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 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;
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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