HomeMy WebLinkAbout22-25 Staff Report VARIANCE #22-25
Applicant Name: Ronald Maher Jr.
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: October 6, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 21, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 34-A-91A
Address 442 Shady Creek Road
Magisterial District Stonewall
Acreage 1.00+/- acres
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: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 4-foot variance to a required 50-foot left setback which will
result in a 46-foot left setback for a mobile home.
Reason: This property cannot meet the current RA setbacks due to the size of the property and
location and size of replacement mobile home.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 50-Ft 4-Ft 46-Ft
Right 100-Ft N/A N/A
Rear 50-Ft N/A N/A
Staff Comments:
• This 1.00+/acre property was created in 1968.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
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• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, side and rear yards.
• 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 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 50-feet from the 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 meets 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 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.