HomeMy WebLinkAbout05-25 BZA Staff Report VARIANCE #05-25
Applicant Name Danny L. Williams
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) 62C-1-6-105
Address 304 Greenfield Avenue
Magisterial District Back Creek
Acreage +/- 0.98 acres
Zoning & Present Land Use Zoning: RP (Residential Performance) Zoning
District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
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 19-foot variance to a required 50-foot rear yard setback which
will result in a 31-foot rear yard setback for an addition.
Reasoning: This property cannot meet the current RP setbacks.
Minimum Variance Requested Resulting Setback
Front 75-Ft N/A 75-Ft
Left 15-Ft N/A 15-Ft
Right 15-Ft N/A 15-Ft
Rear 50-Ft 19-Ft 31-Ft
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Staff Comments:
• This 0.98 +/- acre property was created in 1976 as part of Stonebrook Farms Subdivision.
• This property is currently zoned RP (Residential Performance). This property only has a
front Building Restriction Line (BRL) assigned to it, making the setback 75-feet from the
front. The side and rear setbacks would have to meet the current RP District setbacks for
the single-family detached rural traditional housing type.
• The Frederick County historical zoning map shows this property as being zoned R-2
(General Residential) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, 25-feet for the rear, and 10-feet for the side yards.
• Frederick County amended its ordinance in 1989 to change the R-2 Zoning District to the
RP Zoning District, making the current setbacks for this property 75-feet for the front,
50-feet for the rear, and 15-feet on each 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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