HomeMy WebLinkAbout12-25 BZA Staff Report VARIANCE #12-25
Applicant Name Javier Rodriguez
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 76A-1-32
Address 117 Callaway Court, Stephens City
Magisterial District Shawnee
Acreage +/- 13,362 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) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: 522 S (Front Royal Pike) Land Use: 522 Residential/School
West: RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 10-foot variance to a required 15-foot rear setback which will
result in a 5-foot rear setback and a 5-foot variance to a required 15-foot right side yard
setback resulting in a 5-foot right side setback for a detached garage.
Reasoning: This property cannot meet the current RA accessory setbacks. (* = accessory
setback)
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 15-Ft* N/A 15-Ft*
Right 15-Ft* 5-Ft* 10-Ft*
Rear 15-Ft* 10-Ft* 5-Ft*
Staff Comments:
• This 13,362 Sq.Ft. property was created in 2003.
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• This property is currently zoned RA (Rural Areas). As this property has Building
Restriction Lines (BRL’s) assigned to it, it cannot meet the minimum requirements for
accessory structures.
• 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 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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