HomeMy WebLinkAboutVA197400038 Application 1974-09-17 .
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�4pplicaf �;„� n far Vari a,,�, : e or
Special Exception
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
\RIANCE NO. 74 -� S2 The undersigned applicant is(a ) 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.
I/We �--�;at-,L/ e z respectfully request the Zoning
Administrator o Al emarle County, Virginia to gr t the
Variance or Special ixception stated below in the --
Magisterial District and described as County Tax p
Parcel 1 ; 1-,containing Q,.y 0, ,iacres and zoned .
Applicant ` agnature Date
. The petitioner requestsi that t e Zoning dministrator grant:• li39-7 ,-./7_,;4_,,,, 4._..7i1,-,1_24 _,!±-1-i_e -1-4,4', i cV -... ',=.?,-/iy. i. 4--49°1- t, /2---,..4--- e-e 9--t-—72_7 4--- . / vt-11._ '-4t-oi, e_,- (---,-z-,
7 Sk• ,N,r ciA e ho«
Theme applicant makes this request because: /
. '.0 rd,'/' ene./.49r7z;(7/"I ye';' j t.' /!'7-r't?' jets-i d" A% 104,7
) ,741.,,/ e',Z*Pt500i ev'. �i' ,o..r <.7,-,r,,> - OF ,sn%/ 4,^ .a.rz.dele_ite�.
'P i7 2. ze1. i ./ 4, c c1sett /,'" cl lc/C�? f74.. Giur14 79
J0.i� e A.0.)6' r /_# r ey,-I,'7i d GaT !'�f7/Js71'y .�-e ' )
Action Taken by the Zoning Administrator:
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.i
Approved Denied - Signed L� fi-, .t 12; ''
--- -- ----------- — TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS—-- -- -- -- ---- ------ --
Datee,��7 /7 /�7
I ,�ej f ,//�,.f hereby appeal the rub. g o - t e Zoning
Administrator of Albemarle County on the foregoing application,
and respectfully request a reversal of his decision by granting
the request for a variance or special exception as stated above.
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Applicant Signature
Address`,,a4x/ . .&.. 4)/7f/�
Phone Number 925, 3c'6
ACTION BY THE BOARD OF ZONING APPEALS
DATE APPROVED DENIED •
247
land consisting of 2. 4031 acres on which there are two (2)
single family dwellings and one (1) store located on
this parcel further described as County Tax Map 43, Parcel 29,
Rivanna Magisterial District. Property is located on the north-
east quadrant of the intersection of Route 601 and Route 676,
located in an A-1 Agricultural Zone.
Mr. Aubrey Huffman and Mr. Jim Hill came before the Board to
represent Dr. Hurt.
Mr. Huffman stated that Dr. Hurt would like to divide up the
property to be sold instead of being used for rental units.
After some discussion of the submitted plat Mr. Amato stated
that the only thing the Board of Zoning Appeals could do is to grant
a variance from the required lot size and then this plat must be
approved by the Planning Commission.
Mr. Roudabush inquired what the plans for the 0. 0844 acre parcel
were, if any. This parcel was suggested to go as part of parcel
with the store located on it.
Mr. Roe Jarman, near property owner, questioned the septic I)
system and well facility located on the property.
Mr. Huffman stated that there were two (2) wells on the
property, one in service, one out of service, and at the present
there are not seperate septic systems on the proposed individual
lots.
Mr. Jarman posed the question if a store of this type was out
of operation for more than two (2) years can it go back into
operation.
Mrs. Miller stated that if a nonconforming use is abandoned
• for a period of more than two (2) years it can not again continue
this use.
Mr. Joe Whitley questioned the septic system problems and also
questioned whether this situation would render a hardship if in fact
248
a person buys land knowing the current zoning of the land and then
claims a hardship.
Mr. Huffman again stated that the land could be better utilized
by selling it off to individuals; also they are in no way creating
any new building lots.
Mr. Whitley stated the only real issue here is by subdividing he
is making a bigger profit and he can not see a hardship in this
situation.
Mr. John Wright spoke next stating that to date the store and
the occupancy of the (3) rental units has been a desirable
tradition of the neighborhood.
Mr. Wright also expressed doubt in the health departments
approval of these proposed lots.
Mrs. Agnes Coburn, nearby property owner, questioned the
water supply. Mr. Amato commented that seperate septic systems
and wells were proposed for each lot. Mrs. Coburn also stated
she felt the present sewage system inadequate.
As there were no further comments from the public the Board
' of Zoning Appeals members took this variance under consideration.
Mr. Roudabush moved that the variance be approved with the
following conditions:
(1) well and septic tanks be approved by the Health Department
for each of the proposed individual lot,
(2) sanitary facilities be provided in the store satisfactory
to the Health Department.
(3) Lot 29B be combined with the total acreage to be subdivided
into three parcels,
(4) that the 0. 0844 acre parcel become a part in ownership of
one of the other parcels unless sold to an adjacent owner on the oppo-
249
site side of the road.
(5) and Planning Commission Approval.
The motion was seconded by Mr. Brown.
At this time the roll was called and a vote count was taken
as follows:
Mr. Heath - No •
Mr. Brown - Yes
Mr. Amato - No
Mr. Roudabush - Yes
The Chairman noted that in the absence of a majority vote of
three (3) in favor of the variance the motion fails. The variance
was denied on the ground that the motion failed to obtain the required
three (3) concurring votes.
As there was no further business to come before the Board
the meeting was adjourned at 6: 40 p.m.
Respectfully Submitted,
t J.
(Mrs. ) Ruth Miller
Secretary
by Patricia L. Fleshman
P
PUBLIC HEARING
ALBEMULE COUNTY BOARD OF ZONING APPEALS
October 22, 1974
The Albemarle County- Board of Zoning Appeals will conduct a public
hearing on Octo1x r 22, 1974, coy encing at 5:30 p.m. , in the Board
of Supervisois Meeting Room, County'Office Building, Court Square,
Charlottesville, Virginia to consider the following matters:
1. VA-74-37. M. F. & B. H. Breeden. Applicants request the Board
of Zoning Appeals of Albemarle County to grant a variance of
• thirteen (13) feet from the required twenty-five (25) foot side
yard setback in an A-1 Agricultural zone. Property is located
on the south side of Route 641 approximately i mile east of
Advance Mills. Property is further described as County Tax Map
20, Parcel 17A, Rivanna Magisterial District.
2. VA 74--38. Dr. Charles W. Hurt. Applicant requests the Board
V.L. ZoningAppeals of AtbeA arse County to gLant a division of
land consisting of 2.4031 acres on which there are two (2)
single family dwellings and one (1) store located on County Tax Map
43, Parcel 29, Ri.vanna Magisterial District. Property is located
the northeast quadrant of the intersection of Route 601 and Route
676. and in an A-1 Agricultural Zone.
Persons interested in the above matter may view the applications
in the office of Planning and Zoning, 411 East High Street,
Charlottesville, Virginia.
Savory Amato, Chairman
Albemarle County Board
of Zoning Appeals
to be advertized October 2, 1974
October 9, 1974
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APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
Map Parcel Name Address
• Route 5, Box 327
43 28B Coburn, Alvin Charlottesville, Va. 22901
2fik 28A Coburn, Alvin
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* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
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Application Number Va-74-38
APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
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The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
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Map Parcel Name Address
• 2219 Wayne Avenue
43 29A Fielding, Anna E. City 22901
2219 Wayne Avenue
43 29B Glassgo, Mae Wyatt City 22901
Route 5, Box 394
43 30A(12) Wimner, J. Gordon & Ruth W. City 22901
43 30A(11) Gentry, William C. & Maxine Route 5, Box 231 city
c%o Paul Summers
43 22A Farmington, Kennels Box 138, City 22901
Hunting Ridge Farm
43 28C Htmle, Catherine Route 2, City 22901
* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number
OWNER'S APPROVAL: •
THIS SUBDIVISION IS MADE WITH THE CONSENT OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES ALL ADS AND STRLE1S.
IF NOT PREVIOUSLY DEDICATED, ARE HEREBY TENDERED FOR DEDICATION TO PUBLIC USE.
THE FOREGOING INSTRUMENT WAS E
ACKNOWLEDGED BEtOKF. ME THIS , 4 6�'_ C
11''" DAY OF 51:PlE:MHFH INI4, 5 ° 5
BY CHARI.FS Wm HEIR f , AS 6<;WNEF. 2 0 /. 8
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PLAT SHOWIN G DIVISION r F
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5 ' . -".' PARCEL 29 ON SHEET 43 COUNTY TAX MAP
WOODSON ' S STORE
a I e I " = 5 0 ' ALBEMARLE COUNTY , V I RGIN I A el:tember 1 6 , 19 i 4
B . AU B RE Y H U F F M A N & ASSOCIATES
CIVIL E N G I N E E RING , LAND SURVEYING and LANU PLANNING
CHARLOTTESVILLE , VI RGIN I /:
COUNTY OF ALBEMARLE COUNTY OF ALBEMARLE CERTIFICATION
PLANNING COMMISSION BOARD OF SUPERVISORS
THIS IS A CORRECT AND ACCURATE PLAT
CHAIRMAN .�I .�,i; „ ,ii
AUB +UFFMAM—ENGINEER
DATE DATE
Souther•Photo Print 8 Supply Co--Gr..nsboro, N C -.':125-4"G;--100 4 3 - ? 9