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HomeMy WebLinkAbout05-16 CommentsDear members of the Board of Zoning Appeals, We began the process of building a deck for the Richs and looked at manifold options for deck dimensions and stair location. The Home Owners Association restricted us from placing the stairs on the right side of the deck and the Richs due to the possibility of being observed from the road and for practical and specific reasons, the homeowners wanted the steps on the back of the deck. We began to put the steps on the right side of the deck as seen by the filled-in footers. We realized shortly after that this was past the setback so we moved the stairs to the left side of the deck. The current location was our only option. It was not preferable but was acceptable to the homeowner. When we started, we thought we were just within the setback range. We made a mistake. (Note: On the plat, the setback limit is 25ft. Planning and Zoning informed us it is actually 15 feet.) In addition, we presumptuously began building the deck thinking we were OK and for this, we sincerely apologize. After making this mistake, we have reorganized the internal processes of our company to tighten restrictions and are putting in place a set of Standard Operating Procedures (SOP's) which will dictate a mandated process for the flow of a project such as this deck so this situation will never happen again. We have already implemented these procedures on the next large project we are planning for a customer. Blueprints have been drawn and next, at the time of this application submission, we will soon submit the permit paperwork to Frederick County Inspections Department and to the Home Owners Association. Prior to removing one shovel -full of dirt, we will have all the appropriate documentation and approvals in place. We respectfully ask the Board for leniency in this matter and a one-time grant of a three foot variance. As we previously mentioned, HOA and homeowner restrictions dictated the current step placement. In addition, the lot directly behind the property in question is HOA -owned common area dedicated to a storm water management facility (see attached deed for the Old Dominion Greens Phase I Common Area #140000576) so a three foot variance will have minimal impact upon the adjacent property. (In addition, see the deed indicated by #060022304 for a pictorial representation of the Common Area.) Recently, our business has endured many hardships due to serious medical complications of management, weather-related time off, and project -related setbacks. Having to make significant alterations to the deck will produce a serious impact on the viability of our business. It will also impact the plans and desires of the homeowners. Thank you for your consideration. We fully understand we are not owed anything by the Board and we sincerely apologize to you. We have taken steps to ensure an incident like this will never happen again. We ask you to please consider our request in this variance application. Kind regards, Scott Burkart, Owner and President Matthew Boley, Senior Development Manager Northern Virginia Home Improvements.