HomeMy WebLinkAboutVA197400025 Application 1974-06-10 •
Appl i cat n for Va r i a ram. e or
t ' Special Exception•TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
1RIANCE NO. "-A-c 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.
(7o )£3 - 10,7 GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF SITE MUST BE GIVEN.
I/ e 1 vQc-�li) respectfully request the Zoning
Administrator of Albemarle County, Virginia to grant the
Variance or Special Exception stated below in the
Magisterial District and described as County Tax Map (00i=
Parcel I conta' a ' g .5;; ac and zoned •
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! Date
Applicant Signatu j'� s d 11, 1 A.2 / r�
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The petitioner request that 1! Zoning Administra or grant:
A request to apply the new ordinance, yet unapproved in regard to
the number of parking spaces rego red by the erection of the "Hop-
In" food store on Hydraulic Road.
The applicant make this request because:
3ecauzse the staff oe—the Planning Commission has recommended for
safety reasons the elimination of eight (0) parking spaces redu.uci.nc
the mamber from to 20. The new ordinance baser', on 5 spaces per
1.,000 square feet wo-ld require a maximum of 1E.
Action Taken by the Zoning Administrator:
Approved Denied Signed
- - -------- - TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS—— — — — —— ———
Date
I/We hereby appeal the ruling of the 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.
Applicant Signature
Address C19 r loin vQ1 coz
Phone Number
ACTION BY THE BOARD OF ZONING APPEALS
DATE APPROVED DENIED
AGENDA
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
July 23 , 1974
1. Call to order.
2. Establishment of a quorum.
3. Approval of Minutes.
4. Deferred Item.
VA-74-25. Malcolm J. Reid. Applicant requests the Board
of Zoning Appeals of Albemarle County to grant a variance
to allow twenty (20) parking spaces instead of the re-
quired twenty-eight (28) spaces. Property contains . 585
acre and is further described as County Tax Map 60F, Parcel
1, Jack Jouett Magisterial District and is zoned B-1 Business.
It is located on the northwest quadrant of the intersection
of Georgetown Road and Hydraulic Road (Route 743) .
5. Old Business.
6. New Business.
7. Adjournment.
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Office of.County Attorney GEORGE R. ST.JOHN
• 416 PARK STREET } )(40/x
CHARLOTTESVILLE. VIRGINIA 22901 296-7138
July 10, 1974
Mrs. Mary Joy Scala
Senior Planner
Albemarle County Planning Dept.
411 East High Street
Charlottesville, Virginia 22901
RE: Hop-In Food Mart
Dear Mary Joy: •
I have reviewed your memorandum of July 10, 1974, in re
Hop-In Food Mart, and it is my •opinion that the County Planning
Department is not required to consider any agreement between
the City and Daley Craig, Inc., in reviewing this or any other
t4 site plan. Of course, the Planning Commission and the County
staff is at liberty to consider such matters if they wish,
but they certainly are not required to consider these individual
contractual relationships. They are matters strictly between
the contracting parties.
Sincerely yours,
George/R. S,t. John
County Att6rney
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COyNTY OFFICE BUILDING
CHARLOTTESVILLE, VIRGIN IA 22901
MEMORANDUM
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DATE: July 10 , 1974
TO: George St . John
FROM: Nary Joy Scnla )'`A
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A site plan for "flop-In Food Mart" was Tecently
aPP roved by thy Planninp Commission on lo Li of
Georr.etown Green . (Sec attached plat)
The president of Georgetown Green Homcouner::. '
Associntiori is now concerned that the attached areo-
rent hciween the City and Daley CI 'i; , lnc . m;ly ha c
boon vlolatd , specifi ( ally article i 9 Do we have
to bc concelned with this ai,reement ?
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r BOCK 440 ME 99
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THIS CONTRACT, made this k`'day of January, 1968, by and between aley Craig,
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Inc.
DAILEY CR.yIG, INCORPORATED, a Virginia corporation, hereinafter referred to ro: Contra(
as Owner, party of the first part and the CITY OF CHARLOTTESVILLE, a municipal City of
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corporation, hereinafter referred to as City, party of the second part. plat 1.0C
ee 6.00
WITNESSETH:
?d. $ 7.0C
WHEREAS, the Owner owns a certain tract of land situated in Albemarle
County known as Georgetown Green located at the intersection of Hydraulic _iy
Road (Route 743) and Georgetown Road, and •
• WHEREAS, the Owner proposes, both immediately and in the future, to ,-
• ; develop this tract of land substantially as shown on the land.use map which is } • Itl
hereto attached and made a part of this contract, and incorporated herein by
reference, and
WHEREAS, the Owner has applied to the City Council for permission to
connect to City water and sanitary sewer lines to serve the tract of land as
e ' shown on the attached ]and use map, and
WHEREAS, the Owner has requested the City to furnish utility service
; to the subdivision and the City is willing to so supply such utilities on the .
;. conditions hereinafter set forth and the Owner, in order to develop and sell its
property, deems it proper and advisable to enter into this contract,
NOW, THEREFORE, in consideration of the premises and the mutual
convenants and considerations passing from one party to the other, the parties
1 hereto convenant and agree as fqllows that:
(1) Said subdivision will be developed to meet the requirements of the
111 Albemarle County Subdivision ordinance; and
ij (2) All streets in the subdivision will be graded to a minimum width of
50 feet with all slopes and fills outside of this 50 foot right of way; and
(3) All streets in the subdivision will be paved to a minimum width of
II 30 feet; and
‘; (4) Proper storm drainage will be installed; and
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ma 440 etic€ 100
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(5) All street improvements, except as set forth above, shall be made
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it in accordance with the existing standards of the State Highway Department,
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!{ except where the County Subdivision Ordinance is more strict and in such cases
11 the improvements shall be made to meet the standards of the County Subdivision,
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il Ordinance.
` (6) All distribution and collector lines outside of the City shall be
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11 installed by and at the expense of the Owner in accordance with the plans and
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li specifications approved by the City Manager or his Agent. .
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l (7) The Owner hereby dedicates to the City all rights of way in which
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(` City utility lines are installed unless they are installed in public street rights
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Il of way.
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1 1 (8) The Owner hereby donates to the City all utility main lines
1 installed to serve this subdivision and the City shall have the right to connect
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4 II or extend such lines.
4 (9) The land use, height and area regulations for Lot No. 1 shall be
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11 as set forth in Article VIII of Appendix II of the Code of the City of Charlottes-
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,1 ville, 1965, as and as hereinafter amended, and the land use of Lot No. 2 shall
! be as set forth in the Town House Ordinance of Albemarle County as adopted
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lion June 15, 1967.
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1, (10) No other water supply will be used on any lot, parcel or tract so
long as City water is available.
11 (11) The Owner will comply with all City ordinances pertaining to City { 4,
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111 utility connections and use.
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1 (12) In case of a breach of any covenants of this contract en the part
11 of t Owners the Owner shall be liable for damages to the City or any other
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11 person who has been damaged as a result of such breach_
11 (13) Upon passage of a zoning ordinance, duly adopted, covering the
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;1 subdivision, covenant fJ of this contract shall be rescinded and become null
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and void.
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,, , BOOK 440 PAGE 1.01
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(14) After execution of this contract by the City and the Owner, the
. Owner shall have the contract recorded at its expense in the Clerk's Office of
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the Circuit Court of Albemarle County within 30 days following such execution
and forward to the City written notice evidencing such recordation.
(15) In the event that the water pressure is not sufficient to provide
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;1 the occupants of Georgetown Green w ,ith sufficient water and at a satisfactory 1
pressure, Dailey Craig, Incorporated, or its successors will at its expense I1
' install and operate a pressure pump of sufficient size to eliminate these I
li problems.
1; (16) Dailey Csaig, Incorporated or its successors,will at its expense
I: install and operate a sewer pumping station which shall be Iocated on its= I
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i property until such time as the area is incorporated into the city of 1
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it Charlottesville:
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II (17) Any changes or amendments in this contract may be made only by
E the approval of the City Council of the City of Charlottesville and Dailey i
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i Craig, Incorporated or its successor in interest as developer and such amend-
ment shall not require the approval of any of the individual lot owners in this
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1 a
cif subdivision.
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I In the event of a water shortage, when in the opinion of the City
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i Council it is necessary to curtail the use of City water, the Council shall have
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the right to terminate this contract after 30 days written notice to the party of
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' II the first part. •
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1 IN WITNESS WHEREOF, Dailey Craig Incorporated has caused its name
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to be signed by an officer so authorized.to execute contracts and its seal
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I affixed and attested by an officer so authorized, and
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IN WITNESS WHEREOF, the City has caused this contract to be
executed on its behalf by Burkett A. Rennolds, Mayor and its seal affixed and
;i attested by J. S. Rush, Jr., Clerk of the Council.
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�' DA IG I CORP TED
L it'++:^>:�; BY (SEAL)
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. .�.:I3•r �y:,, /3 ....
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CITY--)OF,/
CHARLOTTESVILLE
i l; rt 2�C (SEAL)
Cr,I;': . ..• k.: Mayor •
).:ArSEST: I
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�:I Clerk of the Councilj •
;:STATE OF VIRGINIA
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'`COUNTY OF ALBEMARLE, to-wit:
{ lt=u I, .. - hlu-�`'Sly yis,' r1 , a Notary Public in and for the county and
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!state aforesaid, do hereby certify that 'ten N,u , whose name is signed
las an officer authorized to execute contracts, to the foregoing writing bearing
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date this
i day of January, 1968, has acknowledged the same before me in my
I1county and state.
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1 Given under my hand this �3"°'day of January, 1968.
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ji My commission expires the 7� day of lLu, i y , 19_(,( .
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``14-%l.1 e.:J�..k.k.i-iliSit. .L'G ll'-1
Notary PuL)lic
STATE OF VIRGINIA !{
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11COUNTY OF ALBEMARLE', to-wit:
,
�{{ I, .I, 5 ,i�vsII Or, , a Notary Public in and for the county and state
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aforesaid, do hereby certify that Burkett A. Rennolds, Mayor, whose name is I'
I:signed to the foregoing writing bearing date this 3)11. day of January, a ry, 1968, is h
l!acknowledged
the same before me in my county and state.
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Given under my hand this 3,SY.. day of January, .1968.
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I, My commission expires the -R074 day of i9). ,c r 19 / S' .
i riVoiary Public
N460, 'wow
P. 0. Box 5094
Charlottesville, 22903
June 24, 1974
Board of Zoning Appeals
411 East High St.
Charlottesville, 22901
To the attention of The Hon. Savory Amato
Dear Judge Amato :
This refers to County Tax Lap 60F, Parcel 1, Jack
Jouett Magisterial District, and the application of Malcolm
J. Reid for VA-74-25 to have granted a variance to allow 20
parking spaces instead of required 28.
I will be unable to attend the public hearing in this
matter on July 9, 1974, I am not in favor of this variance
being granted and would like it so stated at the meeting.
Sincerely,
Aelet
Oscar Swineford, Jr.
RECEIVED JUN 2 i97S
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APPLICANT'S LIST OF
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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.
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Map Parcel Name Address
• 5094 University Stat.
60 75 Swineford, Oscar, Jr. City 22903
C/o Westgate Limited Partn.
61 42 Peyton, Sybel F. P. 0. Box 5526, City 22903
Hydraulic Road
61 41H Magruder, Herbert & Gwendolyn City 22901
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61 40 Walker, Alice Elizabeth 204 7th Street S.W.
c/o George Gilmer
61 39 Chateau Partnership, The 2 Court Square Building 22901
61 39B Lewis, James & Sarah Route 5, City 22901
60F 2 Georgetown Greene Hane Owners P. O. Box 5642
City 22903
* Note.- This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number VA74-25
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