HomeMy WebLinkAbout26-25 BZA Staff Report VARIANCE #26-25
Applicant Name: Stoneridge Outdoor Living (Denise Simmons)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: February 3, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: February 17, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 87B-5-2-123
Address 150 Emperor Dr.
Magisterial District Opequon
Acreage 0.14+/- acres
Zoning & Present Land Use Zoning: R5 (Residential Recreational
Community) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: R5 (Residential Recreational
Community) District
Land Use: Residential
South: R5 (Residential Recreational
Community) District
Land Use: Residential
East: R5 (Residential Recreational
Community) District
Land Use: Open Space
West: R5 (Residential Recreational
Community) District
Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 10.5-foot variance to a required 15-foot rear yard setback which
will result in a 4.5-foot rear yard setback for an enclosed deck.
Reason: This property cannot meet the current rear setback for an enclosed deck.
Minimum Variance Requested Resulting Setback
Front 25-Ft N/A N/A
Left 5-Ft N/A N/A
Right 5-Ft N/A N/A
Rear 15-Ft 10.5-Ft. 4.5-Ft
9
Page 2 of 2
Staff Comments: This property is zoned R5 when the dwelling was built in 2018. The building
setbacks for this zoning district are:
Front; 25 Ft
Sides: 5 Ft
Rear: 15 Ft
The Zoning Ordinance allows unroofed decks within the R5 District to extend five (5) feet into the
rear setback if the property abuts open space. A roofed deck must meet the setback of fifteen (15)
feet, and this property abuts an open space. The dwelling is set deep on the property and cannot
meet the rear setback requirements for an enclosed deck. Staff will note that other properties have
enclosed decks as the dwellings are not set deep 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 rear setbacks of the R5 Zoning District for an enclosed deck may
be appropriate
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
10