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Home My WebLink About07-99 Satian Enterprises Inc - Shawnee - BackfileDate: BOARD OF ZONING APPEALS Variance Request Tracking Sheet Yj_ File opened ,/ Reference Manual updated/number assigned V D-base updated 12 color location maps requested from GIS L Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary rabrcd 9-1r-79 MEETING DATE: q-L - � y FINAL ACTION: Q iww�j CLOSE OUT FILE: L Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated LI File given to Renee' for final update to Application Action Summary U:\Carol\Common\TRACKING. BZA Revised 11/2/98 "-b - ,V� s-S b..� SH / Date r fl 01512 RECSG Received From aAddress � _ For t3 Uz Y Z O d2 AMT. OF - L .�. CASH �yJ ACCOUNT AMT PAID t CHECK LL rBALANCE MONEY � '� DUE - ORDER BY COUNTY of FRRDERI<CK Department of Planning and Development 540/ 665-5651 FA, X : 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain/Office Assistant II SUBJECT: Return Of Sign Deposit DATE: ' November 10, 1999 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Variance Application # 07-99. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac qw,� o.GK Satian Enterprises, Inc. Attn: Arthur Satian 721 Lawton Street Mclean, VA 22107 107 North Kent Street • Winchester, Virginia 22601-5000 • • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 20, 1999 Mr. Arthur Satian Satian Enterprises, Inc. 721 Lawton Street McLean, VA 22101 RE: VARIANCE #07-99; P.I.N. 65G1-24 Dear Mr. Satian: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of October 19, 1999. Your Variance Application, #07-99 of Satian Enterprises, Inc. for a 3.8-foot front yard setback variance for an existing attached two -car garage, was approved. The property is located at 122 Atoka Drive (Lot 24, Saratoga Meadows) and is identified with Property Identification Number 65 G- 1-24 in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Christopher M. Mohn Planner II CMM/ch cc: Frederick Co. Building Inspections Dept. Harry K. Benham, III O: Wgrndas\BZA\APPR_DEN. LTR\Satian.apr.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 09/21/99 (tabled) 10/19/99 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: 65 G-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 3 5 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 of the garage for aesthetic purposes. However, this design modification occurred without a corresponding change in the orientation of the dwelling on the property, which subsequently 0 • 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 staff to 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: IAgendastBZAlStaffReporiI.Satian. YAR t Building Permit r AWF NAME/ADDRESS S.E.I. 721 Lawton Street McLean, VA 22101 PHONE: 5406627744 TAX MAP NO.: 65G 1 24 S` ACKS: ORONT : 35.9 BACK: 74.6 RIGHT: 18.6 LEFT: 19.8 CNTR . FRTGE: SITE ADDRESS told Atoka Drive Saratoga Meadows, Lot 24 00000 DESCRIPTION OF CONSTRUCTION LOCATION LOT: 24 BLOCK: HEALTH PERMIT NO.: FLOODPLAIN: AREA: Senseny RIGHT-OF-WAY: • PERMIT NUMBER: 0000792 - 1998 USBC: 1996 APPLICATION DATE: 4/29/1996 ISSUANCE DATE: �� r+% L DATE: 4/29/1998 CONTRACTOR NAlit /ADRESS Satian Enterprises, Inc. 721 Lawton Street. McLean, VA 22101 PHONE: 703 356 1177 SECTION: BLDG NO.: DISTRICT: SHAWNEE SUB -DIVISION: SARATOGA MEADOWS ZONE: Residential Performance S/c CUP NO.. SITE PLAN: DIRECTIONS TO SITE: Take Senseny Road, right into Saratoga Meadows, stay on main road to dead end MASTER PLAN NUMBER 93-10 Map Boot: Page 204, Grid A-1 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling CNST.TYPE: New NATURE/WRY:.: Bldg. Size 32 X 48 Truss Roof YES Exterior W 2 X 4 # Stories 2 Occur, Load Note 'No to .OB VALUE: PERMIT FEE: Surcharge TOTAL FEES: Buildinq Permit Basement UNF 1200 Crawlsoace NO Conv. Roof NO Floor Jois 2 X 10 Covering BRICK./VINYL Interior W 2 X 4 # Bedrooms 4 # Bathroom 2 1/2 Mech. Lien NO Note Note 45,000.00 SO FEET: 2000 Const. FRAME Floor Cov. CARPET Covering DRYWALL Total# Rms 10 GARAGE 400 SO. FT Note 235.00 I hereby agree to comply with all provisions of the Virginia i 2.35 Uniform Statewide Building Code and the Zoning & Subdivision i i Ordinances as adopted by the County of Frederick. f � CABO 1 & 2 FAMILY DWELLING CODE or BOCA NATIONAL BUILDING CODE SURVEY STANDARDS REQUIRED? YES NO INITIAL: i I DETAILED SITE FLAN REQUIRED? YES NO 1 N I T 1 AL j QA J i 237.35 i i----------------------------------------------f}------------------------i r 0 T 'ED, SI NA URNS AfA .� �• Dna`turei iildi Off ar' i�% �L�0c Admin.str ator 9�J � 0 0• � :.-E _ / DATE DA Applicant (5lease orint) • • CURVE RADIUS LENGTH BEARING Cl 25.00, 22.39' _CHORD 21.65' S34021'39'W C2 55.00, 53,29' 51.23' 532015'41'W 1 nT L 1 i 1 _ II �. EX. 20' SgNITgRY ___ EA SEMEN T CEN TERED _ — — LOT j _ 170.00, LINE I LOT 24 32.5' I N 1 nT 11 ��" 11 I 15,001 5Q. FT. o o Cil N � N /.�� C1 Iq f 1 2.0' � o I � � 74.6' ^5.5' k C2 26. 0' ATO KA NOTES: co co LL I DRIVE cF _ _ _ F50, R/W F �\` �r y� 45"W _ 5 5 0,15, ��-- — 1 nT 25 L_V I 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. � �NLTH of ° r�Cl o DOUGLAS C. LEGGE No. 001197 SUR DATE: 27 APRIL 1998 MINIMUM SETBACK REQUIREMENTS: FRONT = 35' SIDE = 10' REAR = 25' SCALE: 1" = 30' BUILDING SITE PLAN LOT 24 SARATOGA MEADOWS DWG. #HL—SM24 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MARSH & L EIGGIE Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (544) 667-04M Far: (540) 667-0469 E i ,��.� �``'`�\�.._ `fC.i4c�e; t�: �{ ;� (�.^.�ye .0y.��;';•. A� k..�':5::.�..,j ��\ ;�� // t ,.,•^ ``p �. •i `•. tiDai:o Lii ,a4 i g .'i } i�J�,'•' 1 �`•�.77:��jji�. % \ i// • rCi1Ms.� .y�,V'`•ti / t �� >• %F�H•� :u\3, �`�....f y L�� ..... Sao.. i.r>w!„% � �.,1.....r '�� %!�� "v�p,�,, a� �`�� / ,.. r! [+4t.f "`�..y......•......_�' t, ` i�+,i'�� I, ` I I ��-- II I � ---------•--J I �{ i I r._.----.—�— `ys_i.•zY yT': :�i�j� ��s'/�.�t3�� ` ' j�� ^C I I !:�% � .• .. � y '' �\ '� '. !! tit Tv 1 i.i.S..:.J � �;��- FNFs�:CK ,.<�;`;` y �� ;• �--� /.Frederick ( I Mall ! &T I Girler --- lhompson ' � \,v 'yii••�y``:'j �..�i`.�%% \ — — Lewis Benham AUP N !.� 8c� n h m • � ly,Il °`^e �... ^.M .a 1-1' x _ Rood Rt. 657XV > s.' Jr GREENWOOD HEIGHTS Variance #07-99: Satian Enterprises, Inc. 1 t o PIN: 65G-1-24 i ; ATF. F7 �t#-F Produced by Frederick County Planning and Development, 09-09-99 • • Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA AUG 2 3 1999 DEPT, OF PLANNING/DEVELOPMENT MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 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 /��econsis of15,0�i sg.Ft.$cXX9X, (please be exact) 5. The property is owned by Satian Enterprises, Inc. as evidenced by deed from H. K. Benham, III not yet recorded (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.:_ B. The existing zoning of the property is: 65G-1-24 Residential 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential East Residential South Residential West REsidential RECEIVED AUG 2 3 1999 Residential DEPT,OFPLANNING/DEVELOPMENT 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 * � ��n,.� -�w-c> �.�t�,o..� �•.�wwZ�uc ca...-, U�'�.c� �.ao 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 0 • 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 Thompson Address 120 Atoka Drive Winchester, Virginia 22602 Property ID# 65G-1-23 NAME H. K. Benham, III Address P. 0. Box 809 65G-1-24 65G-1-27, Winchester, Virginia 22604 Property ID# 65G-1-25 & 65G-1-28 NAME Jeff D. Walls Address 126 Atoka Drive Winchester, Virginia 22602 Property ID# 65G-1-26 NAME Joseph H. & Tammy L. Gigler Address 121 Atoka Drive Winchester, Virginia 22602 Property ID# 65G-1-29 NAME Frederick Mall Land Trust Address P. 0. Box 368 Winchester, Virginia 22604 Property ID# 65G-1-11 & 65G-1-13 NAME Paul E. & Dina L. Lewis Address 115 Steeplechase Lane Winchester, Virginia 22602 Property ID# 65G-1-12 NAME Address Property ID# NAME Address Property ID# NAME Address Property IN NAME Property ID# Address E Page 5 of 5 AGREEMENT VARIANCE # 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�� (�� DATEg hz—ozrI� SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY: BZA PUBLIC HEARING OF 10 " 19 - 9 ACTION: - DATE - APPROVAL SIGNED: DENIAL DATE: DATE 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. By,J"�J/Yo' - , e? • 0 URVE RADIU5 LENGTH CHORD GEARING Ct 25.00' 22.39' 21.65' 534°21'39' W C2 55.00, 53.29' 51.23' 632°15'41' W II I 1 _ 1 ^T ♦� Q _ 76 122.74' 111R, IRF -------r--- 1 z_ I 25' BRL I / I of / �I �I LOT 24 ml of 15,001 5Q. FT. o{ of -I LI BASEMENT I k--' 1 ZI ENTRANCE I I b I / k I / I l I WOODEN BAy i z� / DECK B. W. WINDOW y 'w+C ' ^T / \ I 18.6' ` 1 L. I OVERHANG 25.8 011.3 011.0 Lnn I / 1 i N cv I w l / TWO STORY I wI \ �\ °j BRICK & FRAME Ld I I DWELLING c" I I \ \ #122 \\ v? \ 0.4' 11.5' 1 5' n I I \ —20.8`-� STOOP I �I ^ \\ �, ASPHALT L I DRI VEWA SIDEWALK e4 I o 1 \ '? NI \ I XI \ I ``' I \ I I I �- IRS C2 1 FLOOD NOTE: I I I I ZONE: C IRS COMMUNITY NO.: 510063 I IRS 1RF� PANEL: 0115 8 ATOKA DRIVE C1 508°41'56 W DATE.- 07- 7 7- 78 50, R /W 9.55, ±514' TO IN TX STIRRUP CUP CIRCLE NOTES: 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 65G-1-24, 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN SURVEYOR'S CERTIFICATE ON THIS PLAT. 4. IRF - IRON ROD FOUND I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON IRS - IRON ROD SET THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE BRL - BUILDING RESTRICTION LINE UNDER MY SUPERVISION ON AUGUST 6, 1999 AND THAT 5. FINAL PLAT OF SUBDIVISION IS RECORDED TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE IN DEED BOOK 836 AT PAGE 760. NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCH TIDN SURVEY � �p,�,TH op LOT 24 o r�C f SARA TOGA MEADOWS 122 A TOKA DRIVE / UCLA L No. 0011 7 SHA WNEE MAGISTERIAL DISTRICT �� FREDERICK COUNTY, VIRGINIA d SURN�'� DATE: 10 AUGUST 1999 SCALE: 1 "=30' ID0732 MARSH & LEGGE 560 NORTH WINCHESTERL OUDOUN VIRG NIASTREET 22601 Land Surveyors, P.L. C. PH�AX �540540� 667-0469 ORDER OF EVENTS (From County and Surveyor Files) 1. Building Permit filed April 29, 1998 (garage on right) 2. Marsh & Legge - Did stake out of footers, field work, set back report and site plan by June 2, 1998 (garage on right) 3. Site plan with grading plan prepared by John Lewis - June 3, 1998.(garage on right) 4. Revised site plan and grading plan prepared by John Lewis - June 8, 1998 (garage on left) 5. Revised site plan and grading plan filed with County - June 8, 1998 (garage on left) 6. Building Permit picked up by Arthur Satian - July 14, 7. Footer Dug 8. Ruckman (independent engineer) with revised site plan and grading plan (garage on left) examined holes for footers and approved same - around August 4, 1998 9. Footing permit granted - August 7, 1998 10. Footers poured THIS DEED, made this /4. day of 1999, between H. K. Benham, III, of the one part, hereinafter called the Grantor, and SatianEnterprises. Inc., a Virginia corporation, of the other part, hereinafter called the Grantee. wrrNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of land, lying just South of Virginia Route 657 (Senseny Road) in Shawnee Magisterial District of Frederick County, Virginia, more particularly described and designated as Lot 24 on the plat- of Saratoga Meadows Subdivision, prepared by Greenway Engineering and. Surveying Co., Inc., dated February 15, 1995, attached to the Deed of Dedication recorded in the Clerk's office of the Circuit Court of Frederick County, Virginia in Deed Book 836, beginning at Page 751; and being one of the lots conveyed to the Grantor herein by H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a' Memorandum of which is recorded. in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 1.07, by deed dated May 1, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 879, at Page 108. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty, including those certain conditions, re•triction.s and easements set forth in the Deed of Dedication NRRISON & JOHNSTON ATTORNCYS AT LAW MNCHFSTER, VIRGINIA RRISON & JOHNs'foN ATI ORNEYS AT LAW 11NCHESTER, VIRGINIA of Saratoga Meadows Subdivision recorded in the aforesaid Clerk's Office in Deed Book 836, at Page 751 and as amended thereafter. WITNESS the following signature and seal: AA&x_ (SEAL) Benham, III N' STATE OF' VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of 1999, by H. K. Benham, My commission expires - 2 - COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 CCA IIH IUAtICA I OF PUBLIC rI MARHNIG October 5, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) RE: VARIANCE APPLICATION #07-99 OF SATIAN ENTERPRISES, INC. (Tabled at the September 21, 1999 meeting) On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of the continuation of a public hearing being held on Tuesday, October 19, 1999, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider 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 At Drive (Lot 24, Saratoga Meadows) and is identified with Property Identification Number 65G-1-24 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy .of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn Planner II CMM/ch O:\Agendas\BZA\ADJOINER\SatimEnt.vaz 107 North Kent Street ® Winchester, Virginia 22601-5000 r I 4 • This is to certify that the attached correspondence was mailed to the following on —from the Department ofPlanning and Development, Frederick County, Virginia: Mr. Arthur Satian Satian Enterprises, Inc. 721 Lawton Street McLean, VA 22101 65G - 1- - 23- - THOMPSON, ROBERT CURTIS P & MONICA ANN 120 ATOKA DR WINCHESTER, VA 22602.6804 65G -1- - 2445. 97);2g BENHAM, H K III PO BOX 009 WINCHESTER, VA 22604.0809 65G - 1- - 26- WALLS, JEFF D 126 ATOKA DR WICNHESTER, VA STATE OF VIRGINIA 22602.6804 COUNTY OF FREDERICK 653 - 1- - 11- FREDERICK MALL LAND TRUST PO BOX 368 WINCHESTER, VA 22604-0368 65G - 1- - 12- LEWIS, PAUL E 115 STEEPLECHASELN WINCHESTER,VA 22602-6807 65G - 1- 13- DUBUGUE, ROBERT S SR & BETTY L 113 STEEPLECHASELN WINCHESTER, VA 22602-6807 65G - 1- - 29- GIGLER, JOSEPH H & TAMMY L 121 ATOKA DR WINCHESTER, VA 22602.6805 Christ er M. Mohn, Planner II Frederick Co. Planning Dept. I, j i��1"1 On 1-1GI 11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated I n . 5 • Q q , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �lybbRIL 1999 My commission expires on F ARY PUBLIC 0 R!, k","OVED AUG 2 3 1999 li F RANNINGIDEVELOPOT. 7/7 /�vC/ �l, 7 / � l l � • I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 September 7, 1999 l`IU7IFICAMUl I Or PUBLIC AEARI Ir TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #07-99, OF SATIAN ENTERPRISES, INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 21, 1999, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider 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. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn Planner II CMM/ch O:\Agendas\BZA\ADJOINER\SatianEntsar 107 North Kent Street • Winchester, Virginia 22601-5000 i 0 i This is to certify that the attached correspondence was mailed to the following on September 7, 1999 from the Department of Planning and Development, Frederick County, Virginia: 65G - 1- - 23- THOMPSON, ROBERT CURTIS & MONICA ANN 120 ATOKA DR WINCHESTER, VA 22602.6804 --65G - I. - 24. 2- BENHAM, H K III PO BOX 809 WINCHESTER, VA 22604-0809 - - -- 65G • 1- • 26• - -- ---- WALLS, JEFF D 126 ATOKA DR WICCHESTER, VA 22602.6004 65G - 1- - 11- FREDERICK MALL LAND TRUST PO BOX 368 WINCHESTER, VA 22604.036E 65G - 1• - 12- LEWIS, PAUL E 115 STEEPLECHASE LN W11UrHFSTFR. VA 22602.6007 STATE OF VIRGINIA COUNTY OF FREDERICK 65G - 1- - 13. i DUBUQUE, ROBERT S SR & BETTY L 113 STEEPLECHASELN WINCHESTER, VA 22602.6807 Mr. Arthur Satian Satian Enterprises, Inc. 721 Lawton Street McLean, VA 22101 65G - 1- - 29- GIGLER, JOSEPH H & TAMMY L 121 ATOKA DR WINCHESTER, VA 22602.6805 C o her M. Mohn, Planner II Frederick Co. Planning Dept. I,�")� �f�)� a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Planner II, for e D p t �ent of Planning and Development, whose name is signed to the foregoing, dated _ , , has personally appeared before me and acknowledged the same in my State and County aforesaid. bec C Given under my hand this r-� l day of (' My commission expires on g lCrfARY PUBLIC