HomeMy WebLinkAbout14-25 BZA Staff Report VARIANCE #14-25
Applicant Name: Gary and Ann Gilpin (Victor Karl Wine)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: July 1, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: July 15, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 42-A-69
Address Burnt Church Road, Winchester
Magisterial District Gainesboro
Acreage +/- 3.4960 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Vacant
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 50-foot variance to a required 100-foot front yard setback which
will result in a 50-foot front yard setback, and a 50-foot variance to a required 100-foot left
side yard setback which will result in a 50-foot left side yard setback, and a 50-foot variance to
a required 100-foot right side yard setback which will result in a 50-foot right side yard
setback for a dwelling with a two car garage.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 100-Ft 50-Ft 50-Ft
Left 100-Ft 50-Ft 50-Ft
Right 100-Ft 50-Ft 50-Ft
Rear 100-Ft N/A 100-Ft
11
Page 2 of 3
Staff Comments:
• This 3.4960-acre property was created in 1972.
• This property is currently zoned RA (Rural Areas) with the assigned Building Restriction
Lines (BRL’s) shown as 100-feet from the front, 100-feet from the rear and 100-feet from
the left and right sides. This information is consistent with the current RA District
setbacks.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
• 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 100-feet
from the front, 100-feet from the left, 100-feet from the right and 100-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 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.
12
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 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.
13