HomeMy WebLinkAbout04-25 BZA Staff Report VARIANCE #04-25
Applicant Name Dieter & Deborah Wacker
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) 87B-2-5-27
Address 152 Song Sparrow Drive
Magisterial District Opequon
Acreage +/- 6,693 Sq. Ft.
Zoning & Present Land Use Zoning: R5 (Residential Recreational
Community) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: R5 (Residential Recreational
Community) District
Land Use: Open space
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: Residential
Variance Requested & Reasoning
The applicant is requesting a 5.6-foot variance to a required 15-foot rear yard setback which
will result in a 9.4-foot rear yard setback for a roof over deck.
Reasoning: This property cannot meet the current R5 district setbacks.
Minimum Variance Requested Resulting Setback
Front 25-Ft N/A 25-Ft
Left 5-Ft N/A 5-Ft
Right 5-Ft N/A 5-Ft
Rear 15-Ft 5.6-Ft 9.4-Ft
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Staff Comments:
• This 6,693 +/- Sq. Ft. property was created in 2018 as a single-family small lot type.
• The building setbacks for this lot type are: 25-Ft from the front, 15-Ft from the rear, and
5-Ft from the side property lines.
• This dwelling currently has an uncovered deck which is 9.4-Ft from the rear property
line.
• Setbacks for uncovered decks is 5-Ft from the rear, while a covered deck must meet the
rear setback of 15-Ft as they become part of the principal structure.
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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