HomeMy WebLinkAbout05-26 BZA Staff Report VARIANCE #05-26
Applicant Name: Mark Landrio (Delta Contractors, LLC Nick
Sardelis)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: March 9, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: March 17, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 52-20-1
Address 141 Merrifield Lane
Magisterial District Back Creek
Acreage 5.0620+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Vacant
South: RA (R ural Areas)District Land Use: Residential
East: RA (Rural Areas)District Land Use: Residential
West : RA (Rural Areas)District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 5-feet variance to a required 45- feet front yard setback which
will result in a 40-feet front yard setback for an accessory structure.
Reason: The property owner wants to add an accessory structure on the property that will not
meet the current front (rear) setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 50-Ft N/A N/A
Right (Front) 60-Ft N/A N/A
Rear(Front) 45 -Ft 5-ft 40-Ft
Staff Comments:
• This 5.0620-acre property was created in 1996 as part of the Roscommon Subdivision.
• This property is currently zoned RA (Rural Areas) District with setback lines of:
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Front; (Merrimans Lane Route 621): 60-Ft
Left: 50-Ft
Front: (Merrifield Lane) 60-Ft
Front (R-O-W): 60-Ft
This parcel is a corner parcel with three (3) fronts: Merrimans Lane (Route 621), Merrifield
Lane, and 50-ft right-of-way (R-O-W) easement. The shortest of the three (3) fronts is along
Merrimans Lane (Route 621) is designated as the front yard.
The applicant is requesting 5-foot variance to the required 45-foot front yard setback which will
result in a 40-foot front setback from a private right of way (R-O-W) for a detached garage. In
2017 Frederick County amended the setbacks for accessory structures located along private R-O-
W from 60 ft. to 45 ft.
This application for a variance does not meet the requirements as set forth by The Code of Virginia
15.2-2309 (2), and the Frederick County Zoning Ordinance. The setback requirements for Parcels
within the Roscommon Subdivision do not produce an unreasonable restriction on the property.
The Applicant can place this proposed accessory structure 45-ft. or greater off the 50- Ft ingress/
egress R-O-W and Merrifield Ln.
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:
It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309
(2), and the Frederick Zoning Ordinance. Staff would recommend denial of this variance
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application. As the strict application of the Frederick County Zoning Ordinance does not produce
an unreasonable restriction on the property as required by the Code of Virginia 15.2-2309 (2).
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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