HomeMy WebLinkAbout06-26 BZA Staff Report VARIANCE #06-26
Applicant Name: Zachary & Shaina LoVerde (Mike Artz)
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) 22-A-8A
Address 516 Peeper Lane
Magisterial District Gainesboro
Acreage 8.6558+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Vacant
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: Vacant
Variance Requested & Reasoning
The applicant is requesting a 13-foot variance to a required 100-foot left side yard setback
which will result in an 87-foot left side yard setback for a dwelling.
Reason: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 100-Ft 13-Ft 87-Ft
Right 100-Ft N/A N/A
Rear 100-Ft N/A N/A
Staff Comments:
• This 8.6558-acre property was created in 2004. The property had no setbacks assigned.
• When this property was created the RA setbacks were:
Front: 60-Ft
Sides: 50-Ft
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Rear: 50-Ft
• Frederick County amended the setback requirements in the RA Zoning District in 2013
based on adjoining property acreage.
• Setbacks for this property are: 60-Ft front, 100-Ft rear and sides.
The property had no setbacks assigned when created. Therefore, the current RA setbacks must be
followed. The adjoining properties surrounding this property were built prior to the ordinance
change in 2013.
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 as the
current RA setbacks cannot be met.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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