HomeMy WebLinkAbout03-26 BZA Staff Report VARIANCE #03-26
Applicant Name: Aliya Small (Darcy Ann Redding)
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) 55N-1-4-154
Address 109 Triangle Court
Magisterial District Red Bud
Acreage 0.31+/- acres
Zoning & Present Land Use Zoning: RP (Residential Performance)
District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) Land Use: Residential
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 7.5 feet variance to a required 25 feet rear yard setback which
will result in a 17.5 feet rear yard setback for a covered patio.
Reason: This property shape cannot meet the current rear setbacks.
Minimum Variance Requested Resulting Setback
Front 35-Ft N/A N/A
Left 10-Ft N/A N/A
Right 10-Ft N/A N/A
Rear 25-Ft 7.5-ft 17.5-Ft
Staff Comments:
• This 0.31-acre property was created in 2022.
• This property is currently zoned RP (Residential Performance) with setback lines of 35
feet for the front, 10 feet side yards and 25 feet rear yard.
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The Applicant applied for a 7.5 feet rear variance due to the unique shape and size of the lot.
The resulting variance will be 17.5 fee for a covered patio.
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 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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