HomeMy WebLinkAbout01-26 BZA Staff Report VARIANCE #01-26
Applicant Name: Richard L. Molden
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) 61-A-99A
Address 2633 Cedar Creek Grade
Magisterial District Back Creek
Acreage 1.00+/- acres
Zoning & Present Land Use Zoning District: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Vacant
South: RA (Rural Areas) District Land Use: Orchard
East: RA (Rural Areas) District Land Use: Orchard
West : RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting 40-foot variance to a required 45-foot right yard setback which will
result in a 5-foot yard setback from a private right of way (R-O-W) for a detached garage.
Reason: This property shape cannot meet the current RA setback from a private R-O-W.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 15-Ft N/A N/A
Right 45-Ft 40-Ft 5-Ft
Rear 15-Ft N/A N/A
Staff Comments:
• This 1.00-acre property was created in 1980’s.
• The Frederick County historical zoning map shows this property being zoned A-2
(Agricultural General).
• Frederick County amended its Ordinance in 1989 to change the zoning district to the
current RA (Rural Areas) Zoning District.
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• In 2017 Frederick County amended the setbacks for accessory structures located along
private R-O-W from 60 ft. to 45 ft.
• This 1.00+/- acre property cannot meet the current 45 ft. setback due to the location to the
well and drain field.
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 accessory structure setbacks off a private R-O-W of the RA Zoning
District 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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