HomeMy WebLinkAbout21-25 BZA Staff Report VARIANCE #21-25
Applicant Name: Stephen and Bridgette Mansfield
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: October 3, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: October 21, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 55-A-165F
Address 1291 Valley Mill Road
Magisterial District Red Bud
Acreage 5.02+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: MH1 (Mobile Home Community) Land Use: Mobile Home Community
South: RA (Rural Areas) Land Use: Vac ant
East: RA (Rural Areas) Land Use: Residential
West : RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 50-foot variance to a required 100-foot right setback which will
result in a 50-foot right setback for a dwelling.
Reasoning: This variance is for a smaller building area for a dwelling.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 100-Ft N/A N/A
Right 100-Ft 50-Ft 50-Ft
Rear 100-Ft N/A N/A
Staff Comments:
• This 5.02-acre property was created in 2023 as a family subdivision with current RA
District setbacks
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• 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, 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 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:
It appears that this variance does not meet the intent of the Code of Virginia or the Code of
Frederick County. The applicant created the parcel in 2023 with the current setbacks of the RA
(Rural Areas) District. This variance request from the current RA setbacks may not be justified as
the applicant was aware of the setback requirements to create this parcel.
Staff would recommend denial of this variance application, as the setback requirements currently
can be met. The strict application of the Frederick County Zoning Ordinance does not produce an
unreasonable restriction on the property as required by the Code of Virginia and the Code of
Frederick County.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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