BZA 06-21-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
June 21, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of May 17, 2016
PUBLIC HEARING
3) Variance Request #04-16 of Jordan and Joan Casteel for a 1 foot rear yard variance
to a required 25 foot rear yard setback will result in a 24 foot rear yard. This property
is located at 105 Chardonnay Drive, Stephens City, Virginia and is identified with
Property Identification Number 75F-4-193 in the Opequon Magisterial District.
4) Variance Request #05-16 of Lawrence and Pleasant Rich for a 3.0 foot rear yard
variance to a required 25 foot rear yard setback will result in a 22 foot rear yard. This
property is located at 114 Paris Court, Stephens City, Virginia and is identified with
Property Identification Number 75P-11-32 in the Opequon Magisterial District.
Other
MINUTES FOR
THE
MAY 17, 2016
BZA MEETING
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Frederick County Board of Zoning Appeals Page 1680
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia on May 17, 2016.
PRESENT: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman,
Gainesboro District; John Cline, Stonewall District; Reginald Shirley III, Opequon District;
Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; and Ronald Madagan, Member at
Large.
ABSENT:
STAFF
PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala
Deeter, BZA Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there will be a June meeting. Mr. Cheran responded there is one
application at this time. The official cut-off date is Friday, May 20, 2016.
On a motion made by Mr. Shirley and seconded by Mr. Scott, the minutes for the January 19,
2016, meeting was unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman stated we have three variance requests #01-16, #02-16, and #03-16 for one
property owner, Mr. George M. Murphy.
Mr. Cheran came forward and directed the Board to the map showing the three properties. The
properties are all located on Bufflick Road right beside each other.
Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas), the
adjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The
Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback
resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot
right side setback resulting in a 10 foot right side setback and a 25 foot rear yard variance to a
required 50 foot rear yard setback resulting in a 25 foot rear yard setback.
Draft
Frederick County Board of Zoning Appeals Page 1681
Mr. Cheran stated the property 64B-A-54A is 0.5165 acres in size and due to the narrowness of
the parcel; a structure cannot be built with the current RA Zoning District setback requirements.
Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M.
Miller Subdivision and the adjoining properties were created prior to 1937. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the
zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County
amended its ordinance in 1989 to change the A-2 Zoning District to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setback for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the
front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side.
Mr. Cheran replied this property does not have building restriction lines assigned to it, so it
would need to meet the current RA setbacks for a dwelling. This property also has a wet weather
stream located in the rear of the property.
Mr. Cheran concluded by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick
County 165-1001.2, states that no variance shall be granted unless the application can meet the
following requirements:
1. The property interest for which the variance is being requested was acquired in good
faith.
2. The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3. The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4. 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.
5. The relief or remedy sought by the variance is not available through a special exception
or the process for modification of a zoning ordinance.
The Applicant does meet The Code of Virginia 15.2309 (2) requirement and the variance may be
justified.
Chairman Lowman asked if there are any questions for Mr. Cheran.
Mr. Rinker asked is there water and sewer access. Mr. Cheran replied yes.
Mr. Artz came forward representing Mr. George Murphy. These particular lots are in a
subdivision that was created back in 1937. Mr. Murphy purchased the lots with the intent one
day to build a dwelling on the individual building lots. The parcels are 75 feet wide and 300 feet
deep. The front setback can be meet on all three parcels and the rear setback and side setbacks on
parcel 64-A-54A we cannot be met because of the pond on the neighboring property that flows to
Draft
Frederick County Board of Zoning Appeals Page 1682
this parcel and also topography issues. Mr. Artz’s explained he is trying to move the dwelling
back away from the pond. The left and right side setbacks are overlapping the side yard so there
is no building area and we cannot meet the current side yard setbacks. Mr. Artz’s explained, that
parcels 64B-A-54B and 64B-A-55 front and rear setbacks are not a problem but the left and right
side yard cannot meet the current setback requirements.
Mr. Artz’s concluded by saying he would answer any questions the Board might have. Vice-
Chairman Carpenter asked when did Mr. Murphy purchase the lots. Mr. Artz replied 1 lot
purchased in 2007 and the other two lots in 2006.
Chairman Lowman asked is there anyone who wishes to speak in favor of or opposition for the
variance request to come forward.
Mr. George Murphy came forward and he asked the Board to grant the three variances because
of the setback. The first variance #01-16 has rear setback issues and the other two lots cannot
meet the left and right side setbacks.
Ms. Janet Gibson is a neighbor across the road and inquired as to what his plans are for the
property. Ms. Gibson needed clarification as to what would be built. Ms. Gibson was in
agreement with his plan.
Public Hearing Closed
No Discussion
Mr. Scott made a motion to approve Variance Request #01-16 for George M. Murphy as
requested and was seconded by Mr. Carpenter and passed unanimously.
PUBLIC HEARING
Mr. Cheran came forward again and presented Variance Request #02-16 for George M. Murphy
and directed the Board to the map showing the property again. The property is located on
Bufflick Road.
Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas)
theadjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The
Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback
resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot
right side setback resulting in a 10 foot right side setback.
Mr. Cheran stated the property 64B-A-54B is 0.5165 acres in size and due to the narrowness of
the parcel; a structure cannot be built with the current RA Zoning District setback requirements.
Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M.
Miller Subdivision and the adjoining properties were created prior to 1937. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the
Draft
Frederick County Board of Zoning Appeals Page 1683
zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County
amended its ordinance in 1989 to change the A-2 Zoning District to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setback for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the
front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side.
Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of
Frederick County 165-1001.2, states that no variance shall be granted unless the application can
meet the following requirements:
1. The property interest for which the variance is being requested was acquired in good
faith.
2. The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3. The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4. 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.
5. The relief or remedy sought by the variance is not available through a special exception
or the process for modification of a zoning ordinance.
The proposed setback of 60 feet front, 10 feet left and right side and 50 feet rear would be
consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309
(2) and the Code of Frederick County. This request from the current setback of the RA Zoning
District may be justified.
Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to
come forward.
Mr. Artz’s came forward, in favor of the Variance Request #02-16. Mr. Artz gave his
presentation for all three variances at the first item of business.
Public Hearing Closed
No Discussion
Mr. Scott made a motion to approve Variance Request #02-16 for George M. Murphy as
requested and was seconded by Mr. Carpenter and passed unanimously.
PUBLIC HEARING
Mr. Cheran presented Variance Request #03-16 for George M. Murphy directed the Board to the
map showing the property again. The property is located on Bufflick Road.
Draft
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Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas) adjoining
properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is
requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10
foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side
setback resulting in a 10 foot right side setback.
Mr. Cheran stated the property 64B-A-55 is 0.5165 acres in size and due to the narrowness of the
parcel; a structure cannot be built with the current RA Zoning District setback requirements.
Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M.
Miller Subdivision and the adjoining properties were created prior to 1937. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the
zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County
amended its ordinance in 1989 to change the A-2 Zoning District to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setback for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the
front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side.
Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of
Frederick County 165-1001.2, states that no variance shall be granted unless the application can
meet the following requirements:
1. The property interest for which the variance is being requested was acquired in good
faith.
2. The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
3. The condition or situation of the property concerned is not of so general or recurring as to
make reasonably practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.
4. 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.
5. The relief or remedy sought by the variance is not available through a special exception
or the process for modification of a zoning ordinance.
The Applicant meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick
County. This request from the current setback of the RA Zoning District may be justified.
Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to
come forward.
Public Hearing Closed
No Discussion
Mr. Scott made a motion to approve Variance Request #03-16 for George M. Murphy as
requested and was seconded by Mr. Carpenter and passed unanimously.
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Frederick County Board of Zoning Appeals Page 1685
Mr. Rinker made a motion to adjourn the meeting at 3:55 p.m. and Mr. Carpenter seconded the
motion.
Respectfully yours,
____________________
Eric Lowman, Chairman
________________________
Pamala Deeter, BZA Secretary
VARIANCE REQUEST #04-16
OF
JORDAN AND JOAN CASTEEL
VARIANCE APPLICATION #04-16
JORDAN AND JOAN CASTEEL
Staff Report for the Board of Zoning Appeals
Prepared: June 10, 2016
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
June 21, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 105 Chardonnay Drive, Stephens City
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75F-4-193
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 1 foot rear yard variance to a required
25 foot rear yard setback resulting in a 24 foot rear yard setback.
REASON FOR VARIANCE: To allow for a sunroom addition to an existing deck.
Variance #04-16 – Jordan & Joan Casteel
Page 2
June 10, 2016
STAFF COMMENTS: This application is a variance to allow for a one (1) foot encroachment into
the rear setback. The property is zoned RP (Residential Performance) and has a square footage of
12,000 sq. ft., with a single-family dwelling built on the property. The Frederick County Zoning
Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq.
ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet
front, 10 feet sides, and 25 feet rear. A building permit (# 1969-2014) was issued for a dwelling that
was built in 2015 with setbacks of: Front-35’ Sides-10’ Rear-25’. The Applicant currently has an
existing deck on the rear of the dwelling.
Frederick County amended its zoning ordinance in 2012 to allow property owners to build unroofed
decks at rear setback of 15 feet. This allowed for a 10 foot difference from the original rear setback
of 25 feet for unroofed decks, stoops landings, and similar features to be built without having to
apply for a variance. Prior to Frederick County amending the zoning ordinance an addition of a deck
would not allow a variance would not be granted as the deck did not meet the ordinance. This
ordinance change lessened the applications for variances for decks.
The addition of a sunroom of this property does not meet the requirements for a variance, as the
ordinance was amended to allow for relief unroofed decks. The applicant should have had the
contractor check the Frederick County Zoning Ordinance prior to designing for this sun room. The
Applicant can make the current deck smaller or design the sunroom to fit the setbacks. As noted the
Applicant understands the deck currently meets setbacks, and payment of a contract does not
constitute a variance.
STAFF CONCLUSIONS FOR THE JUNE 21, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) 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.
Variance #04-16 – Jordan & Joan Casteel
Page 3
June 10, 2016
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
The granting of this variance would violate the spirit in which the Ordinance was amended to allow
for decks in the RP Zoning District. The Applicant should design the sunroom to fit the setbacks as
noted within the Ordinance. Furthermore, the dwelling was constructed in 2015 with a rear setback
of 25 feet; three years after the Ordinance was amended. Therefore, Staff would recommend denial
of this variance application to the RP setback requirements. The issuing of this variance would de
facto changing the Frederick County Zoning Ordinance, which outside the purview of this body.
75F 4 193
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HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
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VARIANCE REQUEST #05-16
OF
LAWRENCE AND PLEASANT RICH
VARIANCE APPLICATION #05-16
LAWRENCE AND PLEASANT RICH
Staff Report for the Board of Zoning Appeals
Prepared: June 10, 2016
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
June 21, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 114 Paris Court, Stephens City, Virginia
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75P-11-32
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Open Space
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 3.0 foot rear yard variance to a required
15 foot rear yard setback for a deck resulting in a 12 foot rear yard setback.
REASON FOR VARIANCE: Built deck over the rear setback line
Variance #05-16 – Lawrence & Pleasant Rich
Page 2
June 10, 2016
STAFF COMMENTS: This application is a variance to allow for a three (3) foot encroachment
into the rear setback for a deck. The property is zoned RP (Residential Performance) and has a
square footage of 12,468 sq. ft., with a single-family dwelling built on the property. The Frederick
County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq.
ft. to 3,000 sq. ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to
be: 35 feet front, 10 feet sides, and 25 feet rear.
The setbacks for unroofed decks in the RP Zoning District are 15 feet. The Applicant applied for a
building permit (#638-2016) with rear setbacks of 15 ft. Section 165-23 H of the Frederick County
Zoning Ordinance requires survey standards to establish the location of primary structures located
five (5) feet or less from the minimum setback requirement of the zoning district in which the
property is located. This building permit was required to provide setback surveys. The Applicant
caught the setback violation during construction layout prior to the setback survey.
STAFF CONCLUSIONS FOR THE JUNE 21, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) 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.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
Careful consideration should be used in regards to this variance. This violation to the setback
requirements of the RP Zoning District for an unroofed deck is self-inflicted, and should not be
granted.
75P 1 1 32
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Applications
Parcels
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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