HomeMy WebLinkAbout23-25 BZA Staff ReportVARIANCE #23-25
Applicant Name Rian Hopcroft and Geneva Payne
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 4, 2025
Staff Contact: Mark R. Cheran, Zoning Administrator
Hearing Schedule
BZA: December 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 44-A-248
Address 843 Jordan Springs Road, Stephenson
Magisterial District Stonewall
Acreage 1.5+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Residential
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 37-foot variance to a required 50-foot left side yard setback
which will result in a 13-foot left side yard setback for an addition.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 50-Ft 37-Ft 13-Ft
Right 50-Ft N/A 50-Ft
Rear 50-Ft N/A 50-Ft
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Staff Comments:
This property was subject to a variance approved on June 17, 2025 (VAR #13-25). This variance
was approved for a 20-foot left side yard from a required 50-foot setback of the RA Zoning District.
The applicant applied for a building permit and was required to do a setback survey to set the
approved 20-foot left side setback. The setback survey shows the addition being exceeded by 7-
feet. Should the BZA approve this variance (VAR #23-25), variance (VAR #13-25) will be voided.
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 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.
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