HomeMy WebLinkAbout06-25 BZA Staff Report VARIANCE #06-25
Applicant Name Matthew Saville
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: May 8, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: May 20, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 34-A-50
Address 143 Macaboy Lane, Clear Brook
Magisterial District Stonewall
Acreage +/- 0.60 acres
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 49.5-foot variance to a required 50-foot left side yard setback
which will result in a 0.5-foot left side yard setback for an attached one car garage.
Reasoning: This property cannot meet the current RA setbacks due to location of septic and
drainfield behind dwelling, as well as the power tie in, exhaust fans, chimney and AC Unit
located on the right side of the dwelling preventing an addition from being added.
Minimum Variance Requested Resulting Setback
Front 49-Ft N/A 49-Ft
Left 50-Ft 49.5-Ft 0.5-Ft
Right 50-Ft N/A 50-Ft
Rear 50-Ft N/A 50-Ft
Staff Comments:
• This 0.60-acre property was created prior to 1960. This property is currently zoned RA
(Rural Areas). This property does not have Building Restriction Lines (BRL’s) assigned
to it and would have to meet the current RA District setbacks.
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• Since 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
current RA 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, 50-feet for the rear, and 50-feet for the left and ride side.
• For the record, the owner of the lot in which the variance is being applied also owns the
two adjoining properties to the south, with one being +/- 0.51 acres and the other being
+/- 3.17 acres.
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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