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RECEIPT FOR CERTIFIED MAIL
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
No.359095
`_RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIR., a• CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it it you make inquiry.
No. 359096
f
.RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
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POSTMARK
OR DATE
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (seeM)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the addre side of
the article, leaving the receipt attached, and present the article at a post office service wines or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of Address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address Oq return
receipt card, Form 3811, and attach it to the front of the article by means of the gummednds it space
permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REOIiSTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt: return
receipt is requested, check the applicable blocks in Item 1 of Form 3811,
6. Save this receipt and present it if you make inquiry.
N.. 359097
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
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STREET ANRNO.
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POSTMARK OR DATE
71;7
1
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of
the article, leaving the receipt attached, and present the article at a post office service window or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on a return
receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space
permits.. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
No. 359098
_RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
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S EET AND N
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P.O., STAT AND ZIP CODE
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POSTMARK OR DATE
217/
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see NO
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the addre&;ide of
the article, leaving the receipt attached, and present the article at a post office service windv or
hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of theldress
side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address onireturn
receipt card, Form 3811, and attach it to the front of the article by means of the gummed "s if space
permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REOURTED
adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. Ireturn
receipt is requested, check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it it you make inquiry.
0
•
(703) 667-1469
4"V [YLC/ZE1fE2 �.Oj. 6MUTA
INDIVIDUAL & FAMILY COUNSELING
PASTOR RT. 2 BOX 267
CHARLES PERRINE STEPHENSON. VA. 22636
REZONING PLAT
DEN YS //V
STONEWALL DISTRICT FREDERICK COUNTY
VIRGINIA
SCALE /"200' NOVEMBER 8, 1976
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REZONING PLAT
DEIVNYS M/C.
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V/RG/N/A
SCALE /'" 200" NOVEMBER 8, /976
d2) 47
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Repa tm ent of Henning nub p6.e.[opment
H. RONALD BERG
PLANNING DIRECTOR P. 0. BOX 601
9 COURT SQUARE
DONING A INL. STATOR WINCHESTER, VIRGINIA 22601
ZONING ADMINISTRATOR
m e m o r a n d u m
October 7, 1977
TO: Board of Zoning Appeals
FROM: Dorothea L. Stefen, Zoning Administrator
SUBJECT: Code Rationale for Case No. 022-77 to be heard October 18, 1977.
Case No. 022-77 The applicant's property is located in an M-1 Industrial, Limited
District. The requested setback line in an M-1 District is located seventy-five
(75) feet or more from any property line which fronts a street right-of-way which
is fifty (50) feet or greater in width. Yard regulations in M-1 Districts allow
no portion of any building to be erected closer than fifty (50) feet to any
residential district boundary and no off-street parking (which is required) or load
space can be closer than fifty (50) feet to any residential district boundary.
The applicant has requested a blanket thirty (30) foot setback and yard
requirement variance for the front, sides and rear of the property.
At the direction of the Chairperson, the application for this case was accepted.
DLS:btr
CC: J. 0. Renalds, III, County Administrator
Dennis Cole
Margaret Starliper
Ralph Wakeman
H. C. Christianson
Robert E. Hockman
Ernest W. Adams, Jr.
Douglas M. Swift, Jr., Attorney
.,
703/662-4532
Board of Zoning Appeals
October 7, 1977
Page 2
Staff Recommendation
The staff recommends denial for the following reasons:
(1) It has been the policy of the Board not to grant blanket variances (see Minutes
April 16, 1974). Since industrial parks are subdivided and lots sold, granting
of approval of this case would constitute a blanket variance.
(2) The enforcement of -the terms of the Ordinance would not cause hardship since
it has not been shown that the applicant would be effectively prohibited
or unseasonably restricted in the use of his property. Also, under law,
self-inflicted hardship affords no basis for the granting of a variance.
(The Code of the County of Frederick, Virginia of 1976, Chapter 21, Article
XX, Section 21-158. Code of Virginia 9 15.1-495, and Alleghany Enterprises,
Inc. v Board of Zoning Appeals, 217 Va. 64, 225 S. E. 2d 383 (1976).)
(3) The application does not contain enough development information to allow
the board to determine whether or not the authorization of such variance
would be of substantial detriment to adjacent property. (The Code of the
County of Frederick, Virginia of 1976, Chapter 21, Article XX, Sec. 21-158,
and Code of Virginia, § 15.1-495)
(4) Best and most productive use is not a point of consideration for the Board
of Zoning Appeals.
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Application for Variance
FREDERICK COUNTY, VIRGINIA
TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY
The undersigned applicant —(is) (are.) the owner —of the following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A
PART OF THIS APPLICATION,
GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF.SITE MUST BE GIVEN.
In Stonewall Magisterial District
The petitioner_ request —that the said Board doth grant:
a var
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y e onging to
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south si e o
cK req
en— ny s
ute
emen,t s , .on t
corporate
ster ity
he variance
The applicant —make —this request because:
so that the property can be utilized for the
purposes of an industrial park at its best
and most productive use.
is
The person and (his) (her) (their) address owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-way from such property. In the event the property affected is situated at or within 100 feet
of the intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name Lot or tract
Earl Haines, Inc.
Earl Haines
John M. Ec ar
Orpha G. Martin
D. A. Cole
American Legion, Inc.
Mailing Address
Rt.
7,
Winchester,
Va.
Rt.
7,
Winchester,
Va.
Rt.
7,
Winchester,
Va.
Rt.
7,
Winchester,
Va.(Colonial
Atwell
Ave., Winchester, Va.
Rt.
7,
Winchester,
Va.
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
September 23, 19 77
Applicant {l
Mai I ing address Rt. 7 So 81
Winchester, Virginia 22601
Telephone Number 662-0545
a
Subscribed and sworn to before me this2L?Way of,1,i&1L 9.7
My commission expires ` ` 19—
Notary
Hgts.)
02a -7.7 - 2-
The person and (his) (her) (their) address owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-way from such property. In the event the property affected is situated at or within 100 feet
of the Intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name
Lot or tract
Earl Haines, Inc.
Earl Haines
John M. Ec ar
Orpha G. Martin
D. A. Cole
American Legion, Inc.
Mailing Address
Rt. 7, Winchester, Va.
Rt. 7, Winchester, Va.
Rt. 7, Winchester, Va.
Rt. 7, Winchester, Va.(Colonial Hgts.)
Atwell Ave., Winchester, Va.
Rt. 7, Winchester, Va.
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
September 23, 19 77
Applicant
Mailing address Rt. 7 BoAl
Winchester, Virginia 22601
Telephone Number 662-0545
Subscribed and sworn to before me thisaly of 19Z2
My commission expires : It, 197a
Notary
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REZONING PLAT
DENNYS INC.
S70VEWALL DISTRICT, FREDERICK COY
V/RG/N/A
SCALE 1'-200' NOVEMBER 8, /971
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03206
DL•'NNIS A. COLE, I.T AL
TO: .. .. DEED
DENNY'S INC.
nV 4o4 FADE -(;"-I
THIS DEED, made and dated this _I day of October, 1976
by and between DENNIS A. COLE and ALMA: COLE, his wife, JOIiN H.
COLS and LAURA K. COLE, his wife, PAUL R. MURPHY and MARY L.
MURPHY, his wife, DENNIS T. COLE, and MILDRED B. COLE, his wife,
and WILLIA_M E. FADELY and NANCY L. FADELY, his wife, hereinafter
referred to as Grantors and DENNY'S, INC., a Virginia corporation,
hereinafter referred to as Grantee.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10) and other good and valuable consideration,
the receipt of all of which is hereby acknowledged, the Grantors
do hereby grant, bargain, sell, and convey in fee simple unto
the Grantee the following described property and appertenances
thereunto belonging:
All that certain lot or parcel of land
together with the improvements thereon and
appertenances thereunto belonging, containing
approximately 34.720 acres located on the
south side of U. S. Route 7 and on the north
side Valley Mill Road (Virginia secondary
Route 659) in Stonewall Magisterial District,
Frederick County, Virginia, more particularly
described by plat and survey of H. Bruce Edens,
C.L.S.,•dated September 24, 1976, said plat
and survey attached hereto and by this reference
r,.ade a part hereof as if set out in full.
Said land being conveyed is a portion
of the same land conveyed to D. A. Cole,
et ux, by deed dated March 6, 1944, from
H. H. Kelley and Hilda J. Kelley, his wife,
of record in the office of the Clerk of the
Circuit Court of Frederick County, Virginia,
in Deed Book 189, at Page 305, and also a
portion of the land conveyed to Dennis A. Cole
by deed dated December 26, 1946, from A. B.
Clevenger and Ethel M. Clevenger, his wife,
of record in the aforesaid Clerk's office
in Deed Book 204, at Page 566. The named
Grantors, other then Dennis A. Cole and
Alma Cole, his wife, are the heirs at law
and the spouses of said heirs of Dove L. Cole,
who died intestate on March 14, 1958, seized
of a one half undivided interest in the
property conveyed to Dennis A. Cole, et ux,
by the aforesaid deed of record in the
aforesaid Clerk's office in Deed Book 189,
at Page 305.
This conveyance is made subject to all.duly recorded
and enforceable easements, rights of way, and restrictions of
record affecting the subject property.
_ ::�".� rt�%e`•rn«-'.vre«t:/rx. r n -'+�.-`?.,:.."fin . .+'K.:,sw'.'
4S4 FACE Gam'
The Grantors covenant that they have the right to
convey said land to the Grantee; that they have done no act to
encumber said land; that the Grantee shall have quiet possession
of said land free from all encumberances; and that they will
execute such further_ assurances of said land as may be requisite
so far as their respective interests are concerned.
WITNESS the following signatures and seals.
(SEAL)
Dennis A. Cole
(SEAL)
John H. Cole
-(SEAL)
Pad1 R.
Dennis T. Cole
��i(G4+► ccz4
William E. Fadel
State of Virginia
_ ap- OtQ Q (SEAL)
Alma Cole
La ra K. Cole
4�I SEAL)
I-,ary >:. :lurphy
(SEAL) (SEAL)
Mildred B. Cole
L`AL)41'zzl' EAL)
Nancy Fadely �r
CQOF �1C cX. , WI
I, L�CA r-JCr_�ZzNotary Public in and
for the State and aforesaid, hereby certify that
Dennis A. Cole and Alma Cole, whose names are signed to the fore-
going deed dated the day ofp��_J , 1976, have this
day personally appeared bn`ore me and acknowledged the same.
Given undor m-., `.-in this J day of C�J'.cj, _t, 1976.
My Commissiun exr)ires c /�
f41s— J
-- ----u '•0 Notary Pub1iE,'+ '-;� f
State of Virgini �� :
A.
art i OF , To -Wit: '1 . i• •�
;
I, (� tC w -:. 1,otary Public in and
for the State nd aforesaid, horeby certify that
John H. Cole and Laura K. Cole, whose names are signed to the
2
O;.-77-ci
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4SA4 ME Cu .
foregoing deed dated the day of6(�rk 1976, have
this day personally appeared before me and acknowledged the same.
Given under my hand this day of'Q11976.
My Commission expiresJ.
��,,�
•:�1��
Notary Public
State of Virgin a
OF , To -Wit: V-;�•.....•
Notary Public in •and
1
for the State and V aforesaid, hereby certify that
Paul R. Murphy and Mary L. Murphy, whose names are signed to the
foregoing deed dated the %&-f day of 1976, have this
day personally appeared before me and acknowledged the same.
Given under my hand this day of , 1976.
My Commission expires % Md
Notary
State of Virginia •� ,.
OF �, To -Wit:
t: y•' ,
7�i'�`g'T, Y
tar Public"'371. and
for the State and , , aforesaid, hereby certify that
Dennis T. Cole and Mildred R_ Cole, whose names are signed to
the foregoing deed dated the _L - _ day of 1976 have
this day personally appeared before me and ack wl�Oq,
edged the same.
Given under m hand this Soda of �,1976.
Y Y
My Commission expires
0 .
No ry Public12
=�
State of Virginia �:•, _ -r ��/y v '
OFTo-Wit: e �' .. . �•
Ckt ry Public in and
for the Statl a'.aforesaid, hereby certify that
C,
William E. Fadely and Nancy L. Fadely, whose names are signed to
3
0
V4A 43-A pxu GL"#7
to the foregoing deed dated the I S--�
day of 0�06C,r 1976 t
have this day personally appeared before me and acknowledged the
same.
Given under my hand 19 7 6
th4is�f day 0 �f-,cam,.
01
My Commission expires
Notary Public
t
r
-JI
ON
4
464 i► E EZ8 /, 3'70-
T.he accompanying plat represents a survey of a portion of the
land conveyed to Dennis A. Colo by dead dated 6 'March 1944 and
recorded in the Fredori*ek County Court Clerk'a' Office in Dood
Rook 189 of Page 305.
The said land fronta on the South aide of U. S. Route 7 and
on the North side of Valley Mill Road (Va.Secondary i:oute 659)
in Shawnee District, Frederick County, Virginia, and is bounded
as folIowa:
Beginning at Man iron fence post in the Southern boundary
1 ine of old Route 37, abandoned, a corner to Orpha G. Martin;
thence with the said boundary line for the following two courses;
N65046'2S"C - 13�.00 ft. to (2) an iron pin set; thence NS9°10'57"E
252.13 ft. to (3 a,Virginia Dept. of ilighways monument in the
South boundary line of U. S. Route 7; thence with the South boundary
line of said Route 7, NS9022'40"C - 206.54 ft. to (4) an iron pin
net; thence leaving 1\'oute 7 and with the following three new
division lines through the land of Dennis A. Colc,*S03*II'32"1 -
200.00 ft. to (5) an iron pin set; thence S71°09'56"C - 339.S8 ft.
to (6) an iron pin set; thence S75°15'52"C - 31-44.S7 ft. to (7) an
iron pin found, a corner to the Ancrican Legion Inc.; thence
with the said Legion's land, S56°33'10"C - 3gS.,4 ft, to (S) an
i ron p i n fount! i n the tiiest I i ne of the I and of C or I T. Ila i nc s;
thence with Haines for the following two courses: S03°50'51"W -
100.05 ft. to (9) an iron Pin found; thence SS6009'09"C - 245.50 ft.
to (10) an iron {tin set in the ricst line of the land of nenny's,
Inc.; thence with icnny's, Inc., land, S07°55'25"►� - 35S.96 ft.
t6o 1) an iron pin set, a corner to Earl T. Haines; thence with
his Lest line and continuin;,l on the same course 540.00 ft., a
total distance of S96.36 ft. to 0 2) an iron pin Set; thence with
the :'outh line of the Haines lot, S51033'42"11 - 327.00 ft. to
(13) an iron pin in the Nest line of .•larvin Dove; thence with
Love, S24'54'•16-4 - 1 39.97 ft. to (14) a post, the Northeast
corner of Lot 30; thence with the North line of the lots fronting
on Valley !!i I l Foad, N67 °35'4S" - 60S.00 ft. to (15) an iron
pin set, the Northwest corner of Lot 25; tht;nce with tile Hest
line of Lot 25, S21013'05-W - 257.27 ft. to (16) a post in the
North boundary line of Valley Mi I 1 Road; thence with the North
I l ine of Val ley Mill Road, N65°34'35`4 - 251.69 ft. to
(17) an iron pin set, the Southeast corner of Lot 22; thence
with the %ast line of Lot 22, N13°45'27"C - 250.00 ft. to (1S)
an iron pin set,tho Northeast corner of Lot 22; thence with the
North line of the lots fronting on Valley Mill ^oad, N67°27'21"W -
300.00 ft. to (19) a post, the Northwest' corner of Lot 20;" thence
with the land of Crpha G. 'Martin for the Four following courses:
N11052'10"C - 146.77 ft. to 20 an iron pin set; thence
N29042'37"C - 257.74 ft. to �21 a 1)o3t; thence N53°05'33"W -
747.12 ft. to (22) an iron pin set; thence N45°37'55"W - 462.82 ft.
o the beginning.
IContainino . . . . . . 34.720 Acres
Surveyed y 24 September 1976
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VIR6ZLA rREDERICK Cau,\ rY, scr.
r This Inclruwoiit o81&
as pxoduced to mo on tho
Y of 19_ (4 , at : 3 ki.
and with coxiiiiCato of. ac:cnowl�dg moot thoroto annoxod was
adznittod 'to rocord. Tax ►,n,.,,al .air s,c. dd-A.1 of
and S .-S i Lava been p,,id, if a;rosaable.
clork,
� s
H. RONALD BERG
PLANNING DIRECTOR
DOROTHEA L. STEFEN
ZONING ADMINISTRATOR
.�x�e�.ezt�� CrzzzXZT�t1
Department of ]JImming azTb �e�xelu�zYtezt�
P. 0. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
CERTIFIED MAIL
September 27, 1977
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(§):
The application of Denny's Inc. requesting a Front Side and Rear Yard
Variance for the development'of an Industrial Park fronting Route 7, Stonewall
Magisterial District.
The Public Hearing on the above Variance will be heard by the Board of
Zoning Appeals of the County of Frederick, Virginia, at 3:30 PM,
October 18, 1977 in the Board of Supervisors' Room, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to be heard may attend this
meeting.
DLS/btr
CC.: County Administrator
Sincerely,
COUNTY _O_F_ �FREDERICK, VIRGINIA
Dorothea L. Stefen'
Zoning Administrator
703/662-4532 .
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