HomeMy WebLinkAbout18-25 Staff Report VARIANCE #18-25
Applicant Name: Edward and Barbara Modzelesky (Mike Artz)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 18A1-3-1B-19
Address 129 Lakeshore Drive, Cross Junction
Magisterial District Gainesboro
Acreage +/- 0.3214 acres
Zoning & Present Land Use Zoning: R5 (Residential Recreation
Community) Zoning District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: R5 Zoning District Land Use: Residential
South: R5 Zoning District Land Use: Residential
East: R5 Zoning District Land Use: Residential
West: R5 Zoning District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 15-foot variance to a required 25-foot rear yard setback resulting
in a 10-foot rear yard setback for a covered porch on an existing patio.
Reasoning: This property cannot meet the current R5 Zoning District Setbacks due to
positioning on a corner lot. *Information on corner lots in Staff Comments section*
Minimum Variance Requested Resulting Setback
Front 35-Ft N/A 35-Ft
Left 35-Ft N/A 35-Ft
Right 10-Ft N/A 10-Ft
Rear 25-Ft 15-Ft 10-Ft
Page 2 of 3
Staff Comments:
• This 0.3214-acre property was created in 1993 with Section 1B of the Lake Holiday
Subdivision.
• This property is currently zoned R5 (Residential Recreational Community) with the
assigned Building Restriction Lines (BRL’s) shown as 35-feet from the front, 25-feet
from the rear, 35-feet from the left and 10-feet from the right side. This information is
consistent with the current R5 District setbacks on corner lots.
• The R5 Zoning District was created in 1972.
• Corner Lots (Section 165-201.02) – On a lot with more than one side abutting a street or
road, front setback yards shall be provided wherever the lot abuts a street. To determine
the location of side and rear boundaries, the front shall be deemed to be the shortest side
with frontage on the street or road. The rear boundary, with a required rear yard setback,
shall be deemed to be opposite from the front side. All other sides not abutting a street
shall be deemed to be side boundaries.
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.
Page 3 of 3
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 R5 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.