HomeMy WebLinkAbout15-25 BZA Staff Report VARIANCE #15-25
Applicant Name: 1021 AYLOR LLC (CHRISTINE M. BAKER
DDS, PLLC)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: January 12, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: January 20, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 74B-5-1-D
Address 1021 Aylor Road
Magisterial District Opequon
Acreage 0.52+/- acres
Zoning & Present Land Use Zoning: B1 (Neighborhood Business) Zoning
District
Land Use: Office
Adjoining Property Zoning & Present Land Use
North: B1 (Neighborhood Business) District Land Use: Retail
South: B1 (Neighborhood Business) District Land Use: Office
East: RP (Residential Performance) District Land Use: Vacant
West: Interstate 81 Land Use: Interstate Highway
Variance Requested & Reasoning
The applicant is requesting a 5-foot variance to a required 10-foot front yard setback which
will result in a 5-foot front yard setback for a sign.
Reasoning: This property cannot meet the current setbacks for a sign
Minimum Variance Requested Resulting Setback
Front 10-Ft 5-Ft 5-Ft
Left N/A N/A N/A
Right N/A N/A N/A
Rear N/A N/A N/A
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Staff Comments:
The Frederick County historical zoning map shows this property as being zoned B1 (Neighborhood
Business) District. This 0.52-acre property was created in 1969 and is currently zoned B1
(Neighborhood Business) District with setbacks for signage of 10-feet from R-O-W.
The front portion of this property was taken for the realignment of Aylor Road (Route 647). The
Applicant cannot meet the setback for signage on the property.
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 for signage on the property may be appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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