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BZA 09-21-99 Meeting AgendaFILE AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia September 21, 1999 3:25 p.m. CALL TO ORDER 1) Minutes of the August 17, 1999 Meeting PUBLIC HEARING 2) Variance #07-99 of Satian Enterprises, Inc. for a 3.8' front yard setback variance for an existing attached two -car garage. The property is located at 122 Atoka Drive (Lot 24, Saratoga Meadows) and is identified with Property Identification Number 65G-1-24 in the Shawnee Magisterial District. 3) Other 0 Ll MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held In the Board Room of die Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on August 17, 1999. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, OpequonDistrict; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District ABSENT: STAFF PRESENT: Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; Carol Huff, Secretary :fls1 �Wf0X0yT 7 The meeting was called to order by Chairman Sempeles at 3:25 p.m. MINUTES OF JULY 20, 1999 On a motion made by Mr. Rinker and seconded by Mrs. Catlett, the minutes for the July 20, 1999 meeting were unanimously approved. PUBLIC HEARING Variance #05-99 of Christine E. Davis for a 24' side yard setback variance and a 34' front yard setback variance for the construction of a single family residence. The property is located at the intersection of Route 789, Bryariy Road and Hudson Avenue and is identified with Property Identification Number 42A-1-5 in the Gainesboro Magisterial District. ACTION - APPROVED Mr. Christopher Mohn, Planner II, read the background information and presented photographs of the property. He stated that residential development was the only reasonable use of the property, and that the granting of this variance would not be of substantial detriment to adjoining properties. Ms. Christine Davis, applicant, was present and told the Board that her family recently Frederick Co. Board of Zoning Appeals Minutes of August 17,1999 Minutes Book Page 1055 lost her father to illness. They consolidated the two lots so they could construct a home which would allow her mother to move in next door to her. Mr. Mohn told the Board that most of the dwellings in the Albin area were created before the current RA (Rural Areas) setback standards were in place. The two lots were consolidated into one in an effort to create more usable area to construct a residence. No one else was present to speak for or against the variance request. DISCUSSION Mr. Larrick stated that this case seemed clear-cut and given the restrictions of the current RA standards, moved for approval. Mr. Hamilton seconded the motion which was then approved by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by unanimous vote Variance #05-99 of Christine E. Davis for a 24' side yard setback variance and a 34' front yard setback variance for the construction of a single family residence. Variance #06-99, of Winchester Pasta, L.L.C./Miller Milling Co., submitted by Greenway Engineering, for a 2.3' side yard setback variance for an existing silo building; a 45.4' side yard variance, a 42.8' rear yard variance and a 16.0' rear yard variance for existing mill buildings. The property is located at the southeastern end of Park Center Drive (Rt. 1323), approximately 0.15 mile southeast of intersection with West Brooke Road (Rt. 1320) in Fort Collier Industrial Park. The site is identified as a portion of Property Identification Number 54 -A -36J in the Stonewall Magisterial District. ACTION - APPROVED Mr. Ruddy read the background information. He stated that the property was located at the Fort Collier Industrial Park and that several variances were being requested. The proposed subdivision itself meets all of the requirements of the Subdivision Ordinance; therefore, waivers to the Subdivision Ordinance which are approved by the Board of Supervisors would be inappropriate. However, the proposed subdivision would be compromised by the building setbacks required by the Zoning Ordinance. The problem exists with the setbacks on the existing structures which is why this application is being heard by the Board of Zoning Appeals. The variance was broken down into four separate issues in order to clarify the request. Mr. Gary Oates, design engineer with Greenway Engineering, was present on behalf of Miller Milling Company and was available to answer questions. The Board had no questions for Mr. Oates, and there were no others present to speak for or against the variance request. DISCUSSION Frederick Co. Board of Zoning Appeals Minutes of August 17,1999 2 Minutes Book Page 1056 Mr. Larrick asked if the buildings met the Frederick County zoning requirements when they were originally built. Mr. Ruddy replied yes. The operation was built as one facility without the foresight that they may wish to separate it in the future. Chairman Sempeles suggested that they incorporate the four setback variance requests into one. As there were no objections to this, Mr. Rinker moved for approval of Variance #06-99 incorporating all four setback variance requests. Mr. Hamilton seconded the motion for approval. The motion was passed by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by unanimous vote Variance #06-99, of Winchester Pasta, L.L.C./Miller Milling Co., submitted by Greenway Engineering, for a 2.3' side yard setback variance for an existing silo building; a 45.4' side yard variance, a 42.8' rear yard variance and a 16.0' rear yard variance for existing mill buildings. There being no further business remaining, the meeting was adjourned at 4:05.m. by unanimous consent. Respectfully submitted, Manuel Sempeles, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of August 17,1999 Minutes Book Page 1057 C� .� BZA REVIEW DATE: 09/21/99 VARIANCE #07-99 SATIAN ENTERPRISES, INC. LOCATION: The property is located at 122 Atoka Drive (Lot 24, Saratoga Meadows Subdivision). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 65G-1-24 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential (unoccupied) ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance), Uses: Residential and Vacant VARIANCE: 3.8 -foot front yard setback variance for an existing, attached two -car garage. REASON FOR VARIANCE: See attached letter from Arthur Satian dated August 19, 1999. STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the required front yard setback is 35 feet from the road right-of-way. The existing dwelling was constructed with an attached two -car garage that is located 31.2 feet from the Atoka Lane right-of-way. Therefore, a variance of 3.8 feet has been requested. The subject property does not appear to be affected by any extraordinary conditions or features that would preclude conformance with all applicable setback standards. Indeed, the developer obtained zoning approval of a building permit on April 30, 1998 to construct a dwelling on the parcel. The building site plan submitted with the permit application (dated April 27, 1998) indicated that the dwelling would satisfy all setback requirements. In particular, the dwelling was approved to be located 35.9 feet from the Atoka Lane right-of-way. This provided setback was also clearly stated on the approved building permit. The house location survey submitted with this variance request (dated August 10, 1999) indicates that the footprint of the constructed dwelling does not correspond with the specifications identified on the approved building permit. According to the applicant, the layout of the dwelling was changed to facilitate the relocation ofthe garage for aesthetic purposes. However, this design modification occurred without a corresponding change in the orientation of the dwelling on the property, which subsequently Variance #07-99, Satian Enterprises, Inc. Page 2 September 13, 1999 resulted in the encroachment of the garage into the required front setback. The decision to modify the layout of the dwelling should have been followed by submission of a revised building site plan for review and approval. Such action is required to ensure that a proposed revision complies with all codes relative to building design and site layout. In this case, the developer failed to pursue approval of the layout modification through the Building Official, which precluded Planning Department review of setback conformance. It is important to note that the applicant was required to complete a structural location survey to confirm that the stakeout location of the dwelling conformed with applicable setback requirements. In accordance with Section 165-23H(3) of the Frederick County Zoning Ordinance, such a survey is required prior to approval of the footings for a structure when its proposed location is five (5) feet or less from any minimum setback. The approved building permit indicated that the dwelling would be constructed .9' from the front setback. The required survey was completed and the footings were subsequently approved consistent with the information delineated on the aforementioned building permit. The decision to change the layout of the dwelling occurred after completion of this survey thereby accounting for the inability of County staffto discover and prevent the subject encroachment prior to construction. In summary, the subject encroachment occurred due to the developer's decision to reverse the layout of the dwelling without revision of the approved building permit and following completion of the required stakeout survey. Therefore, the developer created a self-imposed hardship through their neglect of the established building permit process. It does appear possible to resolve the existing violation without the requested variance by modifying the dimensions of the attached garage. Specifically, the 3.8' portion of the structure that extends into the required front setback could be removed, which would result in a garage length equivalent to that of the dwelling itself. The reduced size of the garage would neither prohibit its use nor preclude the reasonable use of the property for residential purposes. STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff is of the opinion that the requested variance does not satisfy the aforementioned criteria. Indeed, the subject property involves no extraordinary feature or condition that would preclude conformance with all applicable setback standards. Furthermore, to strictly apply the setback standards in this case would not produce a hardship approaching confiscation of the property. As was previously noted, the dimensions of the structure could be modified without eliminating either the functional use of the garage or the reasonable use of the property. O:Wgenda WZ 1&affReporrLSarian.VAR \ � � \ � \ � . `. � Building Permit PE��IT NU�BER; 0000792 Conv, Roof � Floor Jnis 2 y 1O Floor Cay. CARPET APP�ICATIO� U�BC/ DATE� 1996 �/2�/1992 � Stories 2 # Bedrooms 4 # Bathroum 2 1/2 TutaRms �0 Occup Load Mech. Lien NO Note GAKAGE 40A S�. FT Nute Note Note mote ------------------------_--------------_-_-------__--_------------------------------_----__-------_-----_--_-_---------- JOB VALUE: 45,0O0.O0 |---------------------------------------------------------------------------| P�RMIT FEE: 235.0O E AD I hereby agree to cumply with all of the Virginia ! S.E.I. Surcharge : San Enerprises, Inc. | Uniform Statewide Bui\dingand the Zoning & Subdivision | 721 Law�on Street t )La Atnka Drive 721 Lawtun Street | FAMILY DWELLING CODE or 8OCA NATIONAL BUILD�NG C�DE | Sa�t.,Dga Meadows. !Lc,t 00000 vi-L-tO, vH cz1O� [ | SURVEY STANDARDS REQUIRED? INITIAL��~� | | DETAILED SITE PLAN REQU�RED? NO INITIAL~ �/x | � �� TOTAL FEES� 237.35 | DESCRIPTlON OF CO�STRUCTION LOCATIO� TAX MAP NO.� 65G 1 24 LOT; 24 8LOCK� SECTION: BLDG NO,; ------------------------------------------------------------------------------------------------------------------------ ; HEALTH PERMIT NC.� DISTRICT: SHAWNEE BA74.6 FLO-`DpL�IN� SUB-DIVISIOl SARATOGA MEADOWS RIS�T� 18.6 LEFT: 19.8 AREA: Senseny ZO,E; Residential Perfurmance C%TR : FRTGE� RIGHT-OF-WAY: S/E CUP N�.� SITE PLAN: main road to desd end MAS�ER PLAN NUMBER: 93-1O MaP Book Page 204, Grid A-1 C�' 'YpE/ New NATURE/WRK: --------------- S i z e32 X 48 ��n� Truss Roof YES Conv, Roof NO Floor Jnis 2 y 1O Floor Cay. CARPET Exterior W 2 X 4 Covering BRICK/VINYL Interior W 2 X 4 Covering DRYWALL � Stories 2 # Bedrooms 4 # Bathroum 2 1/2 TutaRms �0 Occup Load Mech. Lien NO Note GAKAGE 40A S�. FT Nute Note Note mote ------------------------_--------------_-_-------__--_------------------------------_----__-------_-----_--_-_---------- JOB VALUE: 45,0O0.O0 |---------------------------------------------------------------------------| P�RMIT FEE: 235.0O | I hereby agree to cumply with all of the Virginia ! provisions Surcharge : 2.35 | Uniform Statewide Bui\dingand the Zoning & Subdivision | | | Ordinances as a by the County of Frederick. � | FAMILY DWELLING CODE or 8OCA NATIONAL BUILD�NG C�DE | [ | SURVEY STANDARDS REQUIRED? INITIAL��~� | | DETAILED SITE PLAN REQU�RED? NO INITIAL~ �/x | � �� TOTAL FEES� 237.35 | | /------------------------------------------------"^�------------------------| 77 l-lLi I �,E I/. S, ToNlA, U�E!7:7S. CURVE RADIUS LENGTH I CHORD BEARING C1- - 25.00' 22.39 21.65' 534°21'39'W C2 55.00' 53.29 51.23' 532°1641'W EX. 20' SANITARY SEWER- --____ 1T53"E EASEMENT CENTERED ON LOT_ ---- --r--- _ 170.00. LINE — ' `� 1 LOT 24 32.5' b �� cv t 15.001 SQ. FT. o I 2.0' o�� ^5.5' 74.6' `L L r\ 2.0 i F fk 20, 1 �� C2 Ct as 00 r CL I 0000 m m q/Nq \ 26.0' ,-f+v: s��„w ATOKA DRIVE GF 50' R/W zFgSFM��T �\\` JbcL LOT 25 NOTES: 1. THIS PLAT IS ONLY FOR THE PURPOSE OF SHOWING COMPLIANCE WITH SETBACK AND SIDEYARD DISTANCES FOR THE DWELLING AS DIMENSIONED HEREON. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED BY THE CONTRACTOR PRIOR TO THE BEGINNING OF CONSTRUCTION. 4. BUILDING DIMENSIONS SHOWN TAKEN FROM FOUNDATION PLAN. MINIMUM SETBACK REQUIREMENTS: FRONT — 35' SIDE = 10' REAR = 25' DATE: 27 APRIL 1998 1 SCALE: 1” = 30' DWG. L-SM24 �N H OFD BUILDING SITE PLAN LT f�� LOT 24 o � SARATOGA MEADOW'S DOUGLAS C. LEGGE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA No. 001197 MARSH & LEGGE p� Land Surveyors, P.L.C. SND slue) 139 North Cameron Street Winchester, Virginia 22601 (540) 667.0468 Pax: (540) 667-0469 Frederick Mau L&T Thompson jLewis Benham -- � 1 I Bc�nhrm / 1 Berth 'm Walls 1 I r - Variance #07-99: Satian Enterprises, Tr PIN: 65G-1-24 Produced by Frederick County Planning and Development, 09-09-99 Page 1 of 5 APPLICATION FOR VARIANCE 79 9 IN THE COUNTY OF FREDERICK VIRGINIA ' DEPT, OF PL,�°!� JIPdG/GEUELUF�l1ENT !Yl .hl -V +-W. r441'W*hW-:*0A • 1'til► 1. The applicant is the owner _ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Satian Enterprises, Inc. NAME: ADDRESS 721 Lawton Street ADDRESS McLean, Virginia 22101 TELEPHONE: (703) 356-1177 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 122 Atoka Drive (Lot 24 of Saratoga Meadows Subdivision) on the South side of Senseny Road in Shawnee Magisterial District of Frederick County, Virginia more or less 4. The property has a road frlontage of 90 feet/ and a depth of 160 feet /M consists of 15, Sq. Ft.a (please be exact) 5. The property is owned by Satian Enterprises, Inc. as evidenced by deed from H. K. Benham, III not yetrecorded (previous owner) in deed book no. on page of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: Shawnee 7. 14 -Digit Property Identification No.: 8. The existing zoning of the property is: 65G-1-24 Residential 9. The existing use of the property is: Residential I 10. Adjoining Property: AUG 2 3 1999 2 North East South West Residential Residential Residential REsidential Residential DEPT. OF PL4NNINGIDEVELOPMENT Residential Residential Residential 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") 3.8 foot variance in front 35 foot set back line. Portion in violation is the front part of the two car garage 1 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto See attached letter 13. Additional comments, if any page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary) These people will be notifd by mail of this application: NAME Robert Curtis & Monica Ann ThompsonAddress 120 Atoka Drive Winchester, Virginia 22602 Property 1D# 65G-1-23 NAME H. K. Benham, III Address P • 0 • Box 809 65G-1-24 , 65G-1-27, Property ID# 65G-1--25 & 65G-1-28 NAME Jeff D. Walls Property ID# 65G-1-26 NAME Joseph H. & Tammy L. Gigler Propertyj])# 65G-1-29 NAME Frederick Mall Land Trust Property ID# 65G-1-11 & 65G-1-13 NAME Paul E. & Dina L. Lewis Property ID# 65G-1-12 NAME Property ID# NAME Property ID# NAME Property IN NAME Property ID# inc ester, Virginia 22604 Address 126 Atoka Drive Winchester, Virginia 22602 Address 121 Atoka Drive Winchester, Virginia 22602 Address P • 0. Box 368 Winchester, Virginia 22604 Address 115 Steeplechase Lane Winchester, Virginia 22602 Address Address Address Address Page 5 of 5 AGREEMENT VALIANCE # 07-99- I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SATIAN ENTERPRISES, INC. SIGNATURE OF APPLICANT By' 6 �� DATE ZCJ SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: DATE ACTION: BZA CHAIRMAN 721 Lawton Street McLean, Virginia 22101 August 19, 1999 Board of Zoning Appeals of Frederick County 5 North Kent Street Winchester, Virginia 22601 Dear Board Members: We hired the services of Marsh & Legge Land Surveyors, P.L.C. to prepare the building site plan and stakeout the home on the property. After preparing the building site plan, Marsh & Legge notified us that we additionally need a site grading plan and referred us to Painter and Lewis Professional Engineers. Painter and Lewis prepared the site grading plan and presented it to us. We asked that the home be reversed for aesthetic reasons. The changes were made and the plan submitted to Frederick County for approval. Approval was obtained and we began construction. As required by Frederick County, prior to installing the footers Marsh & Legge was contacted and asked to complete the first set back survey. They completed the form, certified it and submitted it. We proceeded with construction of the home. When the house neared completion, Marsh & Legge was contacted to complete the second set back survey required by Frederick County. It was after getting the results of second survey when we were notified that the home was built past the front building restriction line. We found that Marsh & Legge completed the stakeout immediately after they prepared the preliminary building site plan. After changes were made to the site plan, apparently the house stakeout was not corrected. To tear down the front of the garage, being the portion within the thirty-five (35) foot set back line, would be expensive, would reduce the useability of the garage and would be unattractive. To permit the authorization would not be substantially detrimental to the adjacent properties. As the house is on a lot on a cul-de-sac, the house already sits back further than the other houses. As a consequence, the character of the area would not change by granting the variance. Sincerely yours, SATIAN ENTERPRISES, INC. C1 C2 IRF NUO <r4vr_ v / / � a V ° A 5 / OVE . \ W t y FLOOD NOTE.- ZONE.- C COMMUNITY NO.: PANEL: 0115 8 DATE: 07-17-78 I� 51006 25.00' 2.2.39' I DECK B. W. WINDOW �I ^T Jib' w 11:3= vn I ?HANG 25.8 0 011.0 I TWO STORY w I w1 I U: c9 BRICK & FRAME it) I I M DWELLING I wI 122 N �`"'—20.8'-1P STOOP I al i6 9 ��c,, ASPHALT 3S' \ j nl R11/EWA SIDEWALK �'< I NI I LI I wl I 1 I IRS I I I C2 I I I I I I IRS I I 3 I RS IRF _ Aroi� OIZI1� ct 60a°41'5a,W 50' R/W 9.53' 1514' TO INTX STIRRUP CUP CIRCLE 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 65G-1-24. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF - IRON ROD FOUND IRS - IRON ROD SET BRL - BUILDING RESTRICTION LINE 5. FINAL PLAT OF SUBDIVISION IS RECORDED IN DEED BOOK 836 AT PAGE 760. HOUSE LOCA77ON SURVEY SOT 24 SARATOGA MEADOWS 122 A TOKA DRIVE SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON AUGUST 6, 1999 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. • 10 AUGUST 1999 SCALE.- 111=j0' I ID0732 TH pp Lr� N%o. 6/w MARSH & L E G G E WINCHESTER, VIRG N60 NORTH IIASTREET 22601 Land Surveyors, P.L.C. PHONE FAX 667-0469 55.00' 53.29' 51.23' I I —_I_—t--I-- I I I IRF — I _1_— I —a -- r------------ I I ! I 411 / LOT 24• 15,001 5a FT. of / I of al ! BASEMENT ENTRANCE I L� % WOODEN BAY I DECK B. W. WINDOW �I ^T Jib' w 11:3= vn I ?HANG 25.8 0 011.0 I TWO STORY w I w1 I U: c9 BRICK & FRAME it) I I M DWELLING I wI 122 N �`"'—20.8'-1P STOOP I al i6 9 ��c,, ASPHALT 3S' \ j nl R11/EWA SIDEWALK �'< I NI I LI I wl I 1 I IRS I I I C2 I I I I I I IRS I I 3 I RS IRF _ Aroi� OIZI1� ct 60a°41'5a,W 50' R/W 9.53' 1514' TO INTX STIRRUP CUP CIRCLE 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 65G-1-24. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF - IRON ROD FOUND IRS - IRON ROD SET BRL - BUILDING RESTRICTION LINE 5. FINAL PLAT OF SUBDIVISION IS RECORDED IN DEED BOOK 836 AT PAGE 760. HOUSE LOCA77ON SURVEY SOT 24 SARATOGA MEADOWS 122 A TOKA DRIVE SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON AUGUST 6, 1999 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. • 10 AUGUST 1999 SCALE.- 111=j0' I ID0732 TH pp Lr� N%o. 6/w MARSH & L E G G E WINCHESTER, VIRG N60 NORTH IIASTREET 22601 Land Surveyors, P.L.C. PHONE FAX 667-0469