HomeMy WebLinkAbout04-26 BZA Staff Report - June VARIANCE #04-25
Applicant Name: Cline Manor VA LLC
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 5, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: February 17, 2026
BZA: June 16, 2026
Action: Postponed Action till June
Action: Pending
Property Information
Property Identification Number (PIN) 63-A-37
Address 3266 Valley Pike
Magisterial District Back Creek
Acreage 4.20+/- acres
Zoning & Present Land Use Zoning: RP (Residential Performance) Zoning
District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) Land Use: Residential
South: B2 (General Business) Land Use: Business
East: B3 (Industrial Transition) Land Use: Business
West : RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting variance of an inactive buffer of 25 feet with full screening
together with an active buffer of 25 feet. A 35 feet inactive road buffer with full screening with
a 40 feet active road buffer.
Reason: This property cannot meet the current buffer requirements due to its shape.
Minimum Variance Requested Resulting Setback
Front N/A N/A N/A
Left N/A N/A N/A
Right N/A N/A N/A
Rear N/A N/A N/A
Staff Comments: This 4.20-acre property was created in the 1950’s prior to Frederick County
adopting Zoning. The Frederick County historical zoning map shows this property as being
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zoned R2 (Residential General) at the adoption of the Zoning Ordinance in 1967. The Applicant
applied to Frederick County for a revitalization and tax abatement district for multifamily
workforce and qualify low-income housing. This project is for a forty-eight (48) unit multifamily
apartment building,
The Applicant applied for a variance to reduce the residential separation buffer from 25-feet active
buffer and 25-feet inactive buffer from 100-feet to allow a full screen buffer of 50-feet. The
Applicant has also applied for a reduced the inactive road efficiency from 40 feet to 35 feet with
full screening.
The Applicant believes the property shape and boundary of the property is exceptional, non-
standard, and is not repeated within Frederick County. The current buffer requirements of the
Zoning Ordinance limit the buildable area to allow forty-eight (48) unit apartment building on the
property.
Frederick County amended its ordinance in 1989 to change the R2 Zoning District to the current
RP Zoning District; Frederick County amended its Zoning Ordinance in 1973 to add buffer
requirements within the zoning districts. The provision of the Zoning Ordinance has been updated
throughout the years as needed. The last update of the buffer requirements was done in 2023.
Furthermore, the Applicant contends that the buffer requirements imposed for development on the
property produced hardship and will result in an unreasonable use of the property. The property
was acquired in good faith. However, the Applicant should have understood all the zoning
requirements and restrictions for developing the property. The Applicant could add additional
property to increase the size and shape this property to accommodate the buffer requirements to
develop the property.
The Board of Zoning Appeals should take into consideration not what the property is being
developed for, but the variance that is being applied for. In this case, the property owner should
have done their due diligence as to the development restrictions that will be placed on this property
prior to acquiring it. Frederick County Code does not produce an undue hardship as the hardship
is self-inflicted by the applicant.
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;
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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 and Requested Action: This application for a variance does not meet the requirements
as set forth by The Code of Virginia 15.2-2209 (2), and the Frederick County Zoning Ordinance.
Specifically, Section 165-201.05 of the Frederick County Zoning Ordinance does not produce an
unreasonable restriction or hardship on the property.
Summary and Action from the Meeting of February 17, 2026.
This application was deferred at the request of the applicant until the June 16, 2026. This deferment
was to allow the applicant to request zoning ordinance amendment to reduce setback buffers. As
of the date of this memo the Board of Supervisors is considering a code amendment relative to
buffers but has not yet rendered a final decision. The Board of Zoning Appeals needs to act on this
application at this date.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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