HomeMy WebLinkAbout24-25 BZA Staff ReportVARIANCE #24-25
Applicant Name Craig & Adriana Myers
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) 55A-5-2-10
Address 1500 Jordan Springs Road
Magisterial District Stonewall
Acreage +/- 0.4592 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 12-foot variance to a required 15-foot left side yard setback
which will result in a 3-foot left side yard setback for an accessory structure.
Reasoning: This property cannot meet the current RA setbacks for accessory structures.
Minimum Variance Requested Resulting Setback
Front 0-Ft N/A 0-Ft
Left 15-Ft 12-Ft 3-Ft
Right 0-Ft N/A 0-Ft
Rear 0-Ft N/A 0-Ft
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Staff Comments:
• This 0.4592-acre property was created prior to 1967.
• This property is currently zoned RA (Rural Areas).
• Since this lot was created prior to zoning, the property was identified as being Zoned A-2
(Agricultural General) at the adoption of Zoning in 1967.
• The property setbacks for accessory structures at the adoption of the Zoning Ordinance were 20-
feet for the rear, and side yards.
• Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the current
RA Zoning District. Setbacks for accessory structures in the RA Zoning District are 15-feet side
and rear.
.
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 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 accessory 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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