HomeMy WebLinkAbout25-25 BZA Staff Report VARIANCE #25-25
Applicant Name: Painter-Lewis, PLC (Brinjal LLC)
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) Not assigned
Address Purcell Lane
Magisterial District Stonewall
Acreage 0.1227+/- acres
Zoning & Present Land Use Zoning: RP (Residential Performance) Zoning
District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) District Land Use: Residential
South: RP (Residential Performance) District Land Use: Residential
East: RP (Residential Performance) District Land Use: Residential
West: RP (Residential Performance) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 21.3-foot variance to a required 35-foot front yard setback which
will result in a 13.7-foot front yard setback for a dwelling.
Reason: This property cannot meet the current RP setbacks due to the size of the lot
Minimum Variance Requested Resulting Setback
Front 35-Ft 21.3-Ft 13.7-Ft
Left 10-Ft N/A 10-Ft
Right 10-Ft N/A 10-Ft
Rear 25-Ft N/A 25-Ft
Staff Comments:
• This property is currently zoned RP (Residential Performance) District. This property
does not have Building Restriction Lines (BRL’s) assigned to it and would have to meet
the current RP District setbacks.
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• The Frederick County historical zoning map shows this property as being zoned R-2
(General Residential) District at the adoption of the Zoning Ordinance in 1967. The
property setback lines at the adoption of the Zoning Ordinance were 35-feet for the front,
10-feet side yard and 25-feet rear yard.
• Frederick County amended its ordinance in 1989 to change the R-2 Zoning District to the
current RP Zoning District, making the current setbacks for this property 35-feet front, 10-
feet side yard, and 25-feet rear yard.
• The Applicant applied for a lot consolidation of the property to build a dwelling. The
current RP setbacks limit the buildable area to build. The adjoining properties were built
in the 1940s and the setbacks less than the RP requirement.
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 RP 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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