HomeMy WebLinkAbout09-26 BZA Staff Report VARIANCE #09-26
Applicant Name: Backwoods Properties (Michael Artz)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: May 5, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: May 19, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 27-A-2
Address N/A
Magisterial District Gainesboro
Acreage 2.9377+/- 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: Vacant
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Vacant
West : RA (Rural Areas) District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 10-foot variance to the required 60-foot front yard setbacks
which will result in a 50-foot front yard setback and requesting a 40-foot variance to the
required 100-foot right-side yard setbacks which will result in a 60-foot right-side yard
Reason: This property cannot meet the current RA setbacks due to the FEMA Floodplain for a
dwelling.
Minimum Variance Requested Resulting Setback
Front 60-Ft 10-Ft 50-Ft
Left N/A N/A N/A
Right 100-Ft 40-Ft 60-Ft
Rear N/A N/A N/A
Staff Comments:
• This 2.9377-acre property was created in 1975 with no assigned setbacks.
3
Page 2 of 2
• 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 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 the setback requirements in the RA Zoning District in 2013
based on adjoining property acreage.
The current RA setbacks limit the buildable area for a single-family dwelling. This 2.9377-
Ac. parcel is less than the current RA Zoning District allows. Furthermore, the property is
located within the FIRM zone A with most of the property being unbuildable. Therefore, the
property cannot meet the current RA setbacks due to the floodplain.
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.
4