HomeMy WebLinkAbout07-26 BZA Staff Report VARIANCE #07-26
Applicant Name: Deer Tree LLC., (Tyler Beiler, Be iler & Co.
LLC.)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: April 10, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: April 21, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 58-A-29
Address N/A
Magisterial District Back Creek
Acreage 76.4+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Vacant
South: RA (Rural Areas) Land Use: Vacant/Residential
East: RA (Rural Areas) Land Use: Vacant
West : RA (Rural Areas) Land Use: Vacant/Residential
Variance Requested & Reasoning
The applicant is requesting a 75-foot variance to a required 100-foot Left and Right-side yard
setbacks which will result in a 25-foot Left and Right-side yard setback for a dwelling.
Reason: This property cannot meet the current RA setbacks due to the topography of the land
and overhead utility lines.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A N/A
Left 100-Ft 75-Ft 25-Ft
Right 100-Ft 75-Ft 25-Ft
Rear 100-Ft N/A N/A
Staff Comments:
• This 76.4-acre property was created in 1967 with no assigned setbacks.
• Frederick County amended the setback requirements in the RA Zoning District in 2013
based on adjoining property acreage.
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• Setbacks for this property are: 60-Ft Front, 100-Ft rear and sides.
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.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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