HomeMy WebLinkAbout17-25 Staff Report VARIANCE #17-25
Applicant Name: Alan Newlin, II (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) 51-A-118
Address 777 McDonald Road, Winchester
Magisterial District Back Creek
Acreage +/- 1.1162 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 7.3-foot variance to a required 60-foot front yard setback which
will result in a 52.7-foot front yard setback, and a 49.8-foot variance to a required 100-foot
right side yard setback which will result in a 50.2-foot right side yard setback for a dwelling.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft 7.3-Ft 52.7-Ft
Left 50-Ft N/A 50-Ft
Right 100-Ft 49.8-Ft 50.2-Ft
Rear 100-Ft N/A 100-Ft
Staff Comments:
• This 1.1162-acre property was created in 1979.
• This property is currently zoned RA (Rural Areas) with the assigned Building Restriction
Lines (BRL’s) shown as 60-feet from the front, 100-feet from the rear, 50-feet from the
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left and 100-feet from the right side. This information is consistent with the current RA
District setbacks.
• The Frederick County historical zoning map shows this property as being zoned A-1
(Agricultural Limited) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, and 15-feet for the rear and side yards.
• Frederick County amended its ordinance in 1989 to change the A-1 Zoning District to the
current RA Zoning District.
• The Frederick County Board of Supervisors amended the setbacks for the RA Zoning
District on February 28, 2007, making the current setbacks for this property 60-feet from
the front, 50-feet from the left, 100-feet from the right and 100-feet from the rear
property lines.
Code of Virginia & Frederick County Zoning Ordinance:
he 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.