HomeMy WebLinkAbout16-25 Staff Report VARIANCE #16-25
Applicant Name: Middletown Data Center, LLC (Maxwell H.
Wiegard, Esq.)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: September 4, 2025
Staff Contact: Mark Cheran, Zoning Administrators
Hearing Schedule
BZA: September 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 90-A-58C
Address 8209 Valley Pike, Middletown
Magisterial District Back Creek
Acreage +/- 6.15 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial) Zoning District
Land Use: Data Center
Adjoining Property Zoning & Present Land Use
North: M1 (Light Industrial) Zoning District Land Use: Vacant
South: RA (Rural Areas) Zoning District Land Use: Vacant
East: M1 (Light Industrial) Zoning District Land Use: Commercial/Industrial
West: M1 (Light Industrial) Zoning District Land Use: Commercial/Industrial
Variance Requested & Reasoning
The applicant is requesting a 45-foot variance to a required 75-foot front yard setback which
will result in a 30-foot front yard setback for a generator/UPS equipment.
Reasoning: This property cannot meet the current M1 setbacks due to the placement of
easements.
Minimum Variance Requested Resulting Setback
Front 75-Ft N/A 75-Ft
Front 75-Ft 45-Ft 30-Ft
Right 25-Ft N/A 25-Ft
Rear 25-Ft N/A 25-Ft
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Staff Comments:
• This 6.15-acre property was created in 1970.
• This property is currently zoned M1 (Light Industrial) with the assigned Building
Restriction Lines (BRL’s) shown as 75-feet from the front and 25-feet from the rear and
sides. This information is consistent with the current M1 District setbacks.
• The Frederick County historical zoning map shows this property as being zoned M1
(Light Industrial) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 75-feet for the
front, and 25-feet from the rear and sides.
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 M1 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.