HomeMy WebLinkAbout02-26 BZA Staff Report VARIANCE #02-26
Applicant Name: James and Angela Payton
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) 45-2-B
Address 942 Gun Club Road
Magisterial District Stonewall
Acreage 1.11 +/- 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 5.6 feet variance to a required 50 feet left yard setback which will
result in a 44.4 feet left yard setback for an addition.
Reason: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-ft N/A N/A
Left 50-Ft 5.6-ft 44.7-Ft
Right 50-Ft N/A N/A
Rear 50-Ft N/A N/A
Staff Comments:
• This 1.11 -acre property was created in 1977.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the adoption of the Zoning Ordinance in 1967. The property
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setback lines at the adoption of the Zoning Ordinance were 35 feet for the front, 15 feet
side yard and 35 feet rear yard.
• Frederick County amended its ordinance in 1989 to change the A2 Zoning District to the
current RA Zoning District, making the current setbacks for this property 60 feet front, 50
feet side yard, and 50 feet rear yard.
The current RA setbacks limit the buildable area for an addition. The adjoining properties
were built prior to the amendment of the setbacks. The parcel is less than the current RA
Zoning District setback allows.
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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