HomeMy WebLinkAbout08-25 BZA Staff Report VARIANCE #08-25
Applicant Name Anissa Borsato & Michael Donald
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) 72-A-47
Address 1007 Laurel Grove Road, Winchester
Magisterial District Back Creek
Acreage +/- 21,554 Square Feet
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: Vacant
East: RA (Rural Areas) District Land Use: Residential
West: RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 9-foot variance to a required 15-foot right side setback which
will result in a 6-foot right side setback for a detached garage.
Reasoning: This property cannot meet the current RA accessory setbacks.
(* = accessory setbacks)
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 15-Ft* N/A 15-Ft*
Right 15-Ft* 9-Ft* 6-Ft*
Rear 15-Ft* N/A 15-Ft*
Staff Comments:
• This 21,554 square foot property was created prior to 1962.
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• 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
accessory setbacks.
• 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 for accessory structures at the adoption of the Zoning Ordinance
were 20 feet from all property lines.
• 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, while amending the accessory setbacks on May 24,
2017, to 60-feet from public street or roadways, 45-feet from private rights-of-way or
ingress/egress easements, and 15-feet from any side or rear 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 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 accessory 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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