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HomeMy WebLinkAboutVA197500014 Application 1975-04-07 Applical ' ) n for Yard ar . e or i t•• . • pecal Exception TO: THE ZONING ADMINISTRATOR, ALBE\IARLE COUNTY, VIRGINIA .1RIANCE NO. V is,—1S-1y- The undersigned applicant ism) the owner of the following described property: A PLAT OF 'MIS PROPERTY MUST BE ATTAGI IED.HEP.E'I'O AND MADE • A PART' OF THIS APPLICATION. • GIVE LOCATION BY REFERENCE'TO NEAREST ROAD INTERSECTION. • DIMENSIONS OP SITE MUST FE GIVEV. Wile ZTv. 1 LRuA c0,, respectfully request the Zoning Administrator of illbcmarr e County, Virginia to grant the Variance or Special 42.xception stated below in the i,., t_K -3,, ,L-tt- Magisterial I is trict and described as County Tax Asap 43 Parcel a� containing 1.j_)`,). acres and zoned A-i • Applicant Signatures, L)„ �y-- .l 6., ...„. 1,,tc LI - 7- 7 s- .. . The petitioner_request that the Zoning Administrator grant: O L1 Q . Y e (� �,/a...L t C.s,w e CS_ [7 (` I (. u L•-E e QC,C <�i,r. ` �J—A, sfc'r�k_u�lC l\.) E_ x > (i- Y e t . • The applicant make this request because: ck_c_v e °, 'COI' -01.)i t�( - i wi A- 1 i • t • Action Taken by the Zbning Administrator: i . Approved Denied (,/ Signed ��i'/ C.-'‘4 .C.-4. - ��L. -r c 44 • "' ' -- - --- TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS— -- -- --- --- ----- ------- -i Date - 1--v5- d/IJc *La,, () Cc,_ hereby appeal the ruling of the Zoning x Administrator ,Ji 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, ', -zi.-, .. _.. c c :-,- `SC . z:zi'Y -,_ Address 1-1-t E .� - -. f,„,_; . J-(-. Phone Nis::ber ,19 5 -4. t 3 g • ACTION BY THE BOARD OF ZONING APPEALS • 1)ATI G \� -- . APPROVED C G A4* D • IN( OF AL�N9,��q o►'Ago p X- r Office of County Attorney 416 PARK STREET GEORGE R. ST.JOHN • CHARLOTTESVILLE, VIRGINIA 22901 296-7138 March 25, 1975 piannin Deaaametd Mr. John L. Humphrey County Planner Albemarle County Planning Department u. R 2 6Real 411 East High Street Charlottesville, Virginia 22901 RE: Woodson' s Store Property (Our File #A.C. 190) Dear John: Mr. George Gilmer has brought me a copy of a plat showing a parcel of property fronting on Garth Road and known as the Woodson ' s Store property. The plat shows a proposed subdivision of the property, and the question presented is whether the subdivision in question is lawful. It is my opinion that it is not. While I believe that any problems which may arise under the Subdivision Ordinance may be cured through the use of either the substandard subdivision section of the Ordinance ( 3-13) or the Commission ' s waiver power (§10-2) , neither of these solutions would go toward ameliorating the violation of the Zoning Ordinance which would be occasioned by this subdivision as proposed. I base my opinion that this subdivision would constitute a violation of the Zoning Ordinance upon the following. First, it is of course obvious that neither of the parcels to be created (i.e. , lots 1-4 and 5-8) contains sufficient acreage to supply the two acre minimum applicable in the A-1 Zone. Second, while §10-6 of the Zoning Ordinance provides for waiver of minimum lot sizes as to lots in existence at the time the Ordinance was enacted, this section is inapplicable in this case, since the proposed subdivision would serve to define the two parcels by new boundary lines. Because of this the parcels to be created would no longer be the same lots which were of record at the time the Ordinance was enacted. Mr. Aubrey Huffman is w'-ll aware that this problem exists and is further aware of this opinion of the County Attorney' s office. Of course, it may be possible for the owner of the property to obtain a variance from the area requirements of the Zoning Ordinance. I would note that this is an area variance which is subject to less strict requirements for the granting of a variance Mr. John L. Humphrey Page 2 March 25, 1975 than is a use variance. If you have any further question on this please let me know. Sincerel yours, .u� Frederick W. Payne Deputy County Attorney FWP:kch CC: George Gilmer, Esq. y ( ZGNi0C OPPiGG. CePy i "f ' § 15.1-381 1974 CUMULATIVE SUPPLEMENT § 15.1-381 § 15.1-364 had by such governing body under the common law or by other provisions of • law, streets and alleys in cities and towns may be altered or vacated on motion e such extension of connections for of such governing body or on application of any person after posting notice of t such ese is original the intended application at the courthouse or courtroom of either the circuit, in the case of an on„final c.623; 1974,c. 216.) corporation or hustings court, and at two public places in the city or town at ; all cotnpi� herewith. least ten days before the council appoints viewers as hereinafter set forth. On 1962, application of any person as aforesaid the council shall appoint not less than three nor more than five viewers to view such street or alley and report in writing whether in their opinion, any, and if any, what, inconvenience would result from discontinuing the same. Such governing body may allow such viewers not exceeding fifty dollars each for their services. The sum allowed ate offense. shall be paid by the person making the application to alter or vacate the street or alley. From such report and other evidence, if any, and after the land • proprietors affected therehy, along the street or alley proposed to be altered or vacated, have been notified, the council or other governing body may • discontinue such street or alley. A certified copy of the ordinance of vacation ;,,by.counties. shall be recorded as deeds are recorded, and indexed in the name of the city or town. The appeal, if any, shall be to the court at the courthouse or courtroom at :e Board of Health required which the notice was posted. All proceedings which have been instituted and -. • oration, including municipal concluded in the manner prescribed by this section are valid to the same extent supply as if they had been expressly conducted hereunder and any such pending he establish i estcrconduits, proceedings may be conformed to and continued under the provisions of this he necessary pipes, con(iuils, innect ion therewith, to serve_ section withot:t necessity of discontinuance and institution of the nee;, proceedings. (Code 1'.)50, § 15-766; 1')0, p. 725; 1`:)2, c. 58 , 95 , .. 157; 1958, c. , ) t}• 1� G c ;tans shall notify the Mate 19ty 1962,c. 623; 196.1,c. 13; 1972,c. 357; 1973, c:71.) ;truing body of the county in appear at a regular meeting The 1973 amendment substituted"shall"for ; "may"in the sixth sentence. ': sixty thousand or adjoining 15.1-3R1, Itantps an curb>, of certain Streets. — The governing bodies of d or more no extension of an n,r+ry rhnntt' city and to e n. re({elli l!ig curbs along its streets, shall I equ it'e han a municlipal corporation that then. heconstru+:let: +tut. ic:,a u "i,,,, i,- ouf of capacity to serve, has the crosswalks at. intersections for use of handicapped lx'rsons. No tamps shall has been obtained from the be requiredfor curbs in place on ,January one, ninctePn hundred sevc my-five; /, t signated therefor by the however, ramps shall be required on all replacement of such curbs at § 15-754.1; 1954,c. 455; 1956, intersections leading to crosswalks. (1974,c. 169.) 246.) _ t other than a municipal near the middle of the second CHAPTER 11. E PLANNING, SUBDIVISION OF' LAND ANI) ZONING. Article I. Article 7. . • General Provisions. Land Subdivision and Development. s i ! Sec. Sec. i ate offenses. 1,.1-431. Advertisement of plans, ordinances, 15.1-4GG. Provisions of subdivision ordinance. ! • etc.; joint public hearings; 15.1-478. Recordation of plat as transfer of written notice of certain streets, t e r m i n a t i o n of • amendments. easements and rights-of-way, • Article 3. etc. Local Planning. Article 8. . 1`.1-437. Qualifications,appointment,removal, Zoning. terms, compensation, etc., of • members of local planning 15.1-490. Matters to he considered in drawing commissions. zoning ordinances and ,15.1-440. Quorum;majority vote. districts. and alleys. — In addition to . r town and any powers now 29 i • t I VIRGINIA § t § 15.1-431 CODE OF VIRGINIA § 15.1-431 § 15.1-437 •. .. _ . Sec. il publication thereof shal r'.• - ' .. 15.1-491.'Permitted provisions in ordinances; 15.1-503.2. Preservation of historical sites in C.407; 1964,_c.632;1.068, amendments. certain counties. The 1973 amendments. - amendment added the last se Artie, -. paragraph. t.. .. ,s The second 1973 amend Miscellaneous..I'rovisions. second sentence of the third p 15.1-503.1. [Repealed.' ` The 1974 amendments. amendment deleted"Except, ! ARTICLE 1. a property owner or his General Provisions. beginning of the third par "by the local commission" I § 15.1-431. Advertisement of plans, ordinances, etc.; joint public the first sentence of the thi hearings; written notice of certain amendments. — Plans or ordinances or amendments thereof, recommended or adopted under the powers conferrer[ by this chapter need not he advertised in full, but may be advertised by reference. 1- . • . Every such advertisement shall contain a reference to the place or places f ._ . within the coup;ty dii municipality where copies of the proposed[ plans, § 15.1-437. Qualific 'ordinances or amend►ncn'ts may be examined. etc., -of members of . When public-riotic;e� i:; required by this chapter, the local commission shall commission,. herc.�inatft . not recommend nor. the governing body adopt any plan, ordinance or consist of not less that amendment until.ncr.tice of intention so to do has been published once a week • governing body, all of ,- for two successive weeks in some newspaper published -or having general qualified itbyy gc n wlcdt .: " . circulation in such county or municipality; provided, that such notice for both th ar the local commission and the governing boxy may be published concurrently. members so appointe' Such notice shall specify the time and place of hearing -at which persons require each member o affected may appear and present their views, not less than twelve days nor the member county for fm the more than twenty-eight (lays after the advertisementsecond vv � shall lappear in ld joint thec un ytive branch ' such newspaper. The local commission and 1, ofd administrative ach tro these an . ; public hearing after public notice as set, forth hereinabove. If such joint hearing . - o I rs held, then public notice as set forth above need be given only by the which he has been ele, governing r ilvr rp P,•t i,1��Wheneach ibody. n.r,a proposed amendment of the 'zoning ordinance involves a change in The remaining men] the zoning classification of twenty-five or less parcels of land, then, in addition respectively for term to the advertising as above required, written notice shall be given by the local divided equally or a commission at least five days before the hearing to the owner or owners, their Subsequent appointu ,.., agent or the occupant, of each parcel involved, and to the owners, their agent or governing bodies to: r p., the occupant, (4..41 abutting property and property immediately across the subsequent appointm street or road from the property affected. In any county or city where notice is unexpired terns only required under the provisicnls of this section, notice shall also be given to the The local governi&1 owner, their agent or the occupant, of all abutting property and property expenses incurred by immediately across the street from the property affected which lies in an members, or any of ti adjoining county or city. Notice sent by registered or certified mail to the last 15-'.)lt;- Code l`.):%0 (Se: ` known address of such owner as shown on the current real estate tax 1973,•c. 160; 1974, c. 5: assessment books shall be deemed adequate compliance with this requirement. The 197.1 amendment If the hearing is continued, notice shall be remaildd. Costs of any notice sentcve the proviso eel required under this chapter shall be taxed to the applicant. County. The adoption or amendment prior - to January one, nineteen hundred The 1974 amendment, seventy-four, of any plan or ordinance under the authority of prior acts shall of the first paragraph, de not be declared invalid by reason of a failure to advertise or give notice as may . be freeholders" near the n be required by such act or by this chapter, provided a public hearing was conducted by the governing body prior to such adoption or amendment. § 15.1-440. ()uoru Provided, however, that any litigation pending prior to January one, nineteen constitute a quo ma iim • hundred seventy-four, shall not be affected by the nineteen hundred authorized th)tiid 1962, a c. ti) seventy-four amendments to this section. The15 1 . amendment a • After enactment of• any such plan, ordinance or amendment, further the end 90 4t e section. i' • 30 e • • i • ' . • 1, - § 15.1-431 § 15.1-437 1974 CUMULATIVE SUPPLEMENT § 15.1-440 . •F, publication thereof shall not be required. (Code 1950 (Suppl.), § 15-961.4; 1962, Z. Preservation of historical sites in C.407; 1964,c.632; 1968,cc.354,714; 1973,-cc. 117,334; 1974,cc. 100,570.) certain counties. The 1973 amendments. — The first 1973 amendment also added the fifth sentence to the -amendment added the last sentence of the third third paragraph. '„ paragraph. • The second 1974 amendment substituted The second 1973 amendment added the "twelve days nor more than twenty-eight second sentence of the third paragraph. days ,after the second advertisement shall ' • i , The 1974 amendments. — The first 1974 appear in such newspaper" for "five days amendment deleted"Except upon application of nor more than twenty-one days after final ' a property owner or his agent," at the publication" at the end of the second . beginning of the third paragraph and inserted sentence in the second paragraph and added "by the local commission" near the middle of the fourth paragraph. finances, etc.; joint public the first sentence of the third paragraph. The snts. — Plans or ordinances or under the powers conferred by • ARTICLE 3. nay be advertised by reference. Local Planning.°erence to the place or places copies of the proposed plans, 15.1-437.-z . § Qualifications, appointment, removal, terms, compensation, ter, the local commission shill "' ' : etc., of members of local planning commissions. — A local planniit) - - •' i ret', any plan, missioncs or .commission, hereinafter sometimes referred to as local commission shall - lopconsist of not less than five nor more than fifteen members, appointed by the as been published once a week governing body, all of whom shall be residents of the county or municipality, ' published or having general qualified by knowledge and experience to make decisions on question:, of sided, that such notice for both community growth and development; provided, that at least one half of the !ay be published concurrently. members so appointed shall be freeholders. The local governing body may of hearing at which persons . ' require each member of the commission to take an oath of office. not less than twelve days nor One member of the commission may he a member of the governing hody of advertisement shall appear in the county or municipality, and one member may be a member of the reining body may hold a joint administrative branch of government of the county or municipality. The term reinabove. If such joint hearing of each of these two members shall he coextensive with the term of office to • e need be given only by the which he has been elected or appointed, unless the governing body, at the first >:_�?;. ;.i.,�l. ,.. t,.,-, ,, regular meeting each year. appoints others to serve' as their rf'llre�a'tril;live " c"'"'tic:, in The remaining members of the commission first appointed shall serve creels of land, then, in addition respectively fur terms of one year, two years, three years, and four years, •tic•e shall be given by the local divided equally or as nearly equal as possible between the membership. to the owner or owners, their Subsequent appointments shall be for terms of four years each. The local id to the owners, their agent or governing bodies may establish different terms of office for initial and verty immediately across the subsequent appointments. Vacancies shall he filled by appointment for the county or city where notice is unexpired term only. Members may be removed for malfeasance in office. • r!tice shall also be given to the The local governing body may provide for: (I) reimbursement of actual utting property and property rty affected which lies in an expenses incurred by members of the commission; or (2) compensation to such ed or certified mail to the last members, or any of them, for their services; or (3) both. (Code 1950, §S 15.1101, 15-916; Code 19:)0 (Suppl.), § 1f-963; 1956, cc. 282, 497; 1960, c. 309; 1962, c. 407; the current real estate tax 1973,c. 160; 1974, r. 521.) pliance with this requirement. entailed. Costs of.any notice The 1973 amendment added to the first and substituted"provided that at least one half rpplicant, sentence the proviso relating to Arlington of the members so appointed shall be uary one, nineteen hundred County. freeholders" for "provided, however, that no e authority of prior acts shall The 1974 amendment, in the first sentence more than one third of the members appointed of the first paragraph, deleted "and who shall by the governing body of Arlington•County .dvertise or give notice as may be freeholders" near the middle of the sentence need not be freeholders"at the end. rovided a public hearing was ich adoption or amendment. § 15.1-440. Quorum; majority vote. — A majority of the members shall ►rior to January one, nineteen constitute a quorum and no action of the local commission shall be valid unless l by the nineteen hundred authorized by a majority vote of those present and voting. (Code 1950(Suppl.), § 15-963.3; 1962,c. 407; 1974,c. 99.) nee or amendment, further The 1974 amendment added "and voting"at the end of the section. 31 • N1 § 15.1-446 CODE OF VIRGINIA § 15.1-478 § 15.1-483 ;' - - ' ARTICLE 4. apart for streets, alleys The Comprehensive Plan. municipality any easem+ passage over the same; "§ 15.1-446. Comprehensive plan to be prepared; scope and purpose. right of a subdivider of Iv :i Law Review. — For article, "Virginia Wetlands Act," see 30 Wash: & Lee L. Rev. 19 Provided,which land ithats avlwre t Natural Resources Law and the New Virginia (1973). , ap such county, town or c § 15.1-456. Legal status of plan. recording of such plat 0 maintained, all rights-of Law Review. — For article, "Virginia Wetlands Act," see 30 Wash. & Lee L. Rev. 19 or city in the land includ t, ' be terminated and ext Natural Resources Law and the New Virginia (19731. county, town or city ARTICLE 7. consideration and evide: • Land Subdivision and Development. affected thereby. (Code 4tif); 1962,c. lU7; 1:)fi•l,C. § 15.1-46G. Provisions of suF)livision ordinance. • 't'he 197.1 amendment ad (c) For the coordination of streets t ithiniand the general arus ea ase stu location, n paragraph. . • 'tta'ith other existing or planned streets15.1-483. Effect of widths, grades and drainage; Law Review. -- For curve ,, , (j) For payment-by'4 subdivider or developer of land of his,pro rata share of • r(' and dtainage on municipal eurporations - the cost of providing reasonable and necessary sewerat, facilities, located outside the property limits of the land owned or controlled by 1972-197:3,see 59 Va. L. Rev. 1: him but necessitated or required, at least in part, by the construction or improvement of his subdivision or development; provided, however, that no such payment shall be required until such time as the governing body or a designated department or agency thereof shall have established a general sewer and drainage improvement program for an area having related and § 15.1-446. zoning + municipalities respecti common sewer and drainage conditions and within which the land owned or r•ztn•m(,lled by th,' subdivider or developer is located. Such regulations shaltl set - �t:.: :: forth and establish reasonable standarus to titttt'i tuutc in+. i .(;,.'t:i.! For an article ,,,•state eon of total estimated cost of ultimate sewerage and drainage facilities required environment, see:,t Va. L. 1c. adequately to serve a related and common area, when and if fully developed in an article on tie electric L. R, accord with the adopted coinprt'hensive plan, that shall be borne by each n aVa.rt L. on siting i 1lectr. tw subdivider or developer within the area. Such share shall he limited to the Natural Resource-: Law and proportion of such total estimated cost which the increased sewage flow a Arc," see sa and. 1 1`.1"i:i). ' and/or increased wolumc anti wclocit}' of storm water runoff to be actually Compensation for use caused by his subdivision or development bears to total estimated volume and improvements.sat — velocity of such sewage and/or runoff from such area in its fully developed General ants. r I:r Underds state. governing bodies by ordinat • Each such payment received shall be expended only for the construction of and deveiepnu.nt of t: those facilities for which the payment was required, and until so expended use,, t,,.,nive jurisdictions.tons.The: shall be held in an interest-hearing account for the benefit of the subdivider or respective however, which enables the, to cover the enables compensation developer; provided, however, That in lieu of such payment the governing hotly • the improvements thcrg�,n_ may provide for the posting of a bond with surety satisfactory to it conditione(i on payment at commencement of such construction. (Code 195)), § 15-781; Code 1950 (Suppl.), § 15-967.1; 1950, p. 183; 1962, c. 407; 1970, c. 413G; 1973, cc. 169, § 15.1-489. Purpose 480.) Law Review. -- For at The 1973 amendments. — The first 1973 Only part of section set out. — As the test • constitutions and the envin, 1. Rev. 1 r3 (19721. Foramendment inserted "and contiguous to" near of the amendments,on w only subdiv as not ions lcandd by are the beginning of subdivision(c). set out. § 15.1-490. Matters The second 1973 amendment added districts. — Zoning or subdivision(j). consideration for the'( 78. Recordation of plat as transfer of streets, termination ofuse plan, the suitabilit change; the current an easements and rights-of-wary, etc. — The recordation of such plat shall operate to transfer, in fee simple, to the respective counties and municipalities various purposes as de in which the land lies such portion of the premises platted as is on such plat set studies, the transpoi 32 • • § 15.1-478 §• 15.1-483 1974 CUMULATIVE SUPPLEMENT § 15.1=490 r-' - t- apart for streets, alleys or other public use and to transfer to such county or • t147L.,,f ► municipality any easement indicated on•such plat to create a public right of red;scope and purpose. passage over the same; but nothing contained ini this article shall affect any• right of a subdivider of land heretofore validly reserved. t Act lisee 30 Wash. & Lee L. Rev. 19 Provided, that where the authorized officials of a county, town or city within which land is located, approve in accordance with the subdivision ordinances of such county, town or city a plat or replat of land therein, then upon the . . recording of such plat or replat in the clerk's office wherein land records are 'Act,"see 30 Wash. & Lee L. Rev. 19 - maintained, all rights-of-way, easements or other interest. of the county, town or city in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by the • county, town or city by condemnation or by purchase for valuable consideration and evidenced by a separate instrument of record :-.hall not be relopnient. affected thereby. (Code 1950, § 15i92; Code 19iO(Suppl.), § 1 1 9(i7.13; 1958, c. lace. 460; 1962,c. 407; 1964,c. 561; 1974, c. 530.) The 1974 amendment added the second i d contiguous to the subdivision paragraph. ;he general area as to location, • ,. t § 15.1-483. Effect of vacation under § 15.1-482. •of land of his pro rata share of Law Review. — For survey of Virginia law isary sewerage and drainage on municipal corporations for the year t the land owned or controlled by 1972-1973,see 59 Va.L. Rev. 1548(19731. i part, by the construction or nt; provided, however, that no AR'rtcl.r: 8. ne as the governing body or a . ill have established a general • Zwiing. try an area having related and § 15.1-486. Zoning ordinances generally; jurisdiction of counties and `Rhin which the land owned or f,.,1 w,.t, ,.,.,.l.,t ,,.,e !:ha!! „r municipalities respectively. ermine the proportionate share - Law Review. Appeals v. Colombia Pike, Ltd. Partnerships, rid drainage facilities required For an article on state constitutions and the 213 Va.437, 192 8.E.2d 77s(1972). , when and if fully developed in environment, see 58 Va. L. Rev. 193I1972). For This article does not authorize the governing , that shall be borne by each an article on siting electric power facilities,see body of a county to control compensation for 1 share shall he limited to the 58 Va. L. Rev. 257(1972). For article,"Virginia the use of lands or the improvements thereon. -11 the increased sewage flow , Natural-Resources Law and the New Virginia Board of Supvrs. v. Itcr)ruff Enterprises, Inc., rn water runoff to he actuallyWetlands Act," see 30 Wash. & Lee L. Rev. 19 214 Va.235, 198S.E.2d69 (197:31. 1197:3). An amendment to a count;zoning ordinance, 1 to total estimated volume and Compensation for use of land and in establishing maximum rental and salt, prices ii h area in its fully developed improvements. — Under this article the for units in the development, exceeds the i General Assembly has authorized local authority granted by this article to the local ed only for the construction of governing bodies by ordinance to control the governing body heeausc it•is•:;ocio-economic squired, and until so expended use and development of lands within their zoning and attempts to control the the benefit of the subdivider or respective jurisdictions. There is no Iegi,L•etion, compensation for the use of land and the Lh payment the governing body however, which enables these governing bodies improve•rnen,s thereon. Board of Sop':rs. v. ty satisf'tctut'y to it conditioned to control the compensation for use of land or IeGroff Enterprises, Inc., 21.1 Va. 2:35, 198 • tion. (Code 1950, § 15-781; Code the improvements 'thereon. Board of 'Coning S.L.2d(;0.0(1973). 407; 1970, c. 436; 197:3, cc. 169, § 15.1-489. 'Purpose of zoning ordinances. • rt of section set out. — As the rest Law Review. — For an article on state Natural Resources Law and the New Virginia constitutions and the environment, see 58 Va. Wetlands Act," see 30 Wash. & Lee L. Rev. 19 section was not changed by the L. Rev. 193 (1972). For article, "Virginia (1973). ents, only subdivisions (c) and (j) are ' § 15.1-490. Matters to be considered in drawing zoning ordinances and districts. — Zoning ordinances and districts shall be drawn+with reasonable er of streets, termination of consideration for the existing use and character of property, the existing land recordation of such plat shall use plan, the suitability of property for various uses, the trends of growth or lye counties and municipalities change, the current and future requirements of the community as to land for ;es platted as is on such plat set various purposes as determined by population and economic studies and other . studies, the transportation requirements of the community, and the 33 \ ' } ( t § 15.1-491 CODE OF VIRGINIA_ § 15.1-491 r § 15.1-495 1974 Cl ( requirements for housing, schools, parks, playgrounds, recreation areas, and § 15.1-495. Powers and dui : dither` public services; for the conservation of natural resources; and (b) To authorize upon a' reservation of•flood planes_ (plainsl and for the conservation of properties of the To he as upon not appe ;,r • ;). end their values°a'nrI the-encouragement of the most appropriate use of land conditions a literal throughout the: county or municipality. (Code 1950, § 15-321; Code 1950 specialnnecessary hardship; provi! i (Suppl.), § 15-968.4; 1962,c. 407; 1966,c. 344; 1974,c.526.) observedunnecessary and substantial j ovo The 1974 amendment inserted "the existing a ownerc sti I land use plan"near the beginning of the section faith and where When a propertyby reason and"housing near the❑riddle of the section. shape of a specific piece of p ,.t . ordinance, or where by reaso § 15.1-491. Permitted provisions in ordinattecs; amendments. extraordinary situation or cm I • (a) For variations in or-exceptions to the general re;;ulation;; in any district development of property imni! in cases of buildings, structures or to lu`eti}!e ha transition special rc�c;llile district to the crnents,acid the usens of the ordinance Ntif of the property or tivhf another or for incourt yt !• , . . ':. -for the adoption,. in,countips wherein the urban county executive form of by it, that approaching therating of fisu t;,.: : , government is in :effect as ,a part of an amendment to the 'zoning map of I r the zoning . conveni ce sought the a dtice-reasonable conditions,inc, t_ildition to when, such conditions shall sha lllhaveled Iw no proffered in harm ny with the intends d st, district by the `1 . - ,:' siei•it'ing, in advance of the irnlplic hearing required by § I5:1-493 by the owner of • No such variance shall be a► ( ,. , . ,the property which usi the,subject u5r�i cialf:e:xcept the i�onose•unc!licrns tag blrlret;ulatiuns and h'trclshipat the strict applic .f - (c) For the grants ( (2) That such hardship is ` 'safeguards; and notwithstanding any other provisions of this, article, the district s the s i governing body of any city, county or town may reserve unto itself the right to same Tat zoning thediaut and t tinl issue such special exception or use permit. • For rep l regulations on district maps from detriment to ; limped tine, or for theiramendment repeal. Whenever public necessity, general changedbyethe adjacent granting o th welfare, or good zoning,practice require, the governing body may by ordinance, No such variance shall lit, ch;. ge the regulations, district, boundaries, or required by § • ,etTle'Tld. tiUl„nl:iiil.���, %r �... � classifications of property. Any such a(ucuu� __. may 1... initial!`ti 1!Y' No 4ae t.int,tl ,�iid�i !;� :::::L... ui,atr resolution of the governing body, or by motion of the local commission, or by st+oatiun of the property cons • petition ofa any property ayer rovi le for the owner lressed toconsiderationthe tooverning body; provided,f proposed amendments onlat so y formulation of or recurring general re) the pecinadce may 1 at specified intervals of time, and may further provide that substantially the ordinance. a variance oney pro will 'however`ethatli ncany icou►ntyhaving t i;oc ei,,ilation of more the1lr location, character utter aml of one year; provided,'however, may than two hundred and twenty may elaipse ordinance the provide bond deem in the con( exceeding fifteen monthscomplied with. In any county having adopted such zoning ordinance all motions, resolutions Code Commission note. —Subdi or petitions for amendment to the zoning ordinance, and/or map, { this section is. set out to supply July one, nineteen hundred seventy-four, or accepted for filing on or before erroneously omitted in the it } July one, nineteen hundred seventy-five, shall be acted upon and a decision error Volume. I made on or before December thirty-one, nineteen hundred seventy-five; all such motions, resolutions or petitions accepted for filing after July one, Only part of section set out. - n made tcen hundred imenas may shallbe necessary t�whiichand shallt not exceed twelve hin of §the 15 section1 197.was Certiorari to such reasonable t months. • Law Review. — For article (1973,c. 286; 1974,C. 547.) Natural Resourcesviw. r l only part of section set out. — As only Nat ral Act," see Law andWash.the Lc N The 1973 language amendment addedingto"and subdivision subdivisions(a),(c)and IS)were changed by the Wetlands ad the beginning for the amcodmcnts, the rest of the section is not set (1Action by a city council not et adoption." out. by this section. See lin « The 1974 amendment substituted "pro- visions",for "provision" in sulxiivision (c) and § 15.1-498. Conflict with added the second paragraph of subdivision (g). • Law Review. — For article ' Natural Resources Law and the I: 34 i i t • I. , .l . 1 - 1 15.1-491 § 15.1-495 1974 CUMULATIVE SUPPLEMENT § 15.1=498 ound6;'reer4on areas;land 1 § 15.1-495. Powers and duties of board of zoning appeals. of natural resources; and 'ctlnservation ef'•propetties''u'_= %",-. `• 1(b) To authorize upon appeal in specific cases such variance from the terms.. , . host appropriate use of'land' " "' '-'''i- of the ordinance as will not be contrary to the public interest, when, owing to 1950, § 15-821; Code 1950- ,, special conditions a literal enforcement: of the provisions will result in -: s. c 526 ) f unnecessary hardship; provided that the spirit of the ordinance shall be . observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good ` s. .. faith and where by reason of the exceptional narrowness, shallowness, size or . • - shape of a specific piece of property at the time of the effective date of the . • es;amendments. • • ordinance, or where by reason of exceptional topographic conditions or other ' s extraordinary situation or condition of such piece of property, or of the use or gal regulations in any district development of property isrmediately adjacent thereto, the strict application of ansition from one district to .. . . :t the terms of the ordinance would effectively prohibit or unreasonably restrict. .ng.special requirements, sand. ., ,t ,,__,: . ..the use of the property or where the hoard is satisfied, upon the evidence heard•. . .. i rn county executive form of by it, that the granting of such variance will alleviate a clearly demonstrable :irnent to the zoning map- of - - ,. hardship approaching confiscation, as distinguished from a special privilege or - . tions.provided for the zoning- convenience sought by the applicant, provided that all variances shall be in :shall have been proffered in , harmony with the intended spirit and purpose of the ordinance. .i. by § 15.1-493 by the owner of' No such variance shall be authorized by the board unless it finds: ! toning map amendment.;_:;.: .. .-;(1) That the strict application of the ordinance would produce undue- • ' :der suitable regulations and hardship. i •ovisions of this article, the (2) That such hardship is not shared generally by other properties in the -eserve unto itself the right to same zoning district and the same vicinity. (3) That the authorization of such variance will not he of substantial • district maps from time to ' detriment to adjacent property and that the character of the district will nut be ecicssity, convenience, general changed by the granting of the variance. n'ling body may by ordinance, . • No such variance shall he authorized except after notice and hearing as' ,ns, district boundaries, or required by y 1 ,.1-1:31., Iment may be initiated by No variance shall be authorized unless the board finds that the condition or )f the local commission, or by situation of the property concerned or the intended use of the property is not of ;overning body; provided, that so general or recurring a nature as to make reasonably practicable the of proposed amendments only formulation of a general regulation to be adopted as an amendment to the .rovide that sobsiantially the ordinance. tspti::i:fic perio;l, nut execedutg• ,. , • , . .In authorizing a variance the board may impose such conditions regarding. • having a pc.pulalion of more the location, character and other features of the proposed structure or use as it dinance may provide that not s may deem necessary in the public interest, and may require a guarantee or caring on the same petition. bond to insure that the conditions imposed are being and will continue to he finance all motions, resolutions complied with. tnce, and/er map, pending on cepted for filing on or before Code Commission note.—Subdivision(b)of the Replacement Volume, only subdivision (b) this section is set out to supply a provision is set out. be acte(l upon and a decision erroneously omitted in the Replacement Law iteview. cen hundred seventy-five; all Volume. For article,"Virginia Natural Resources Law :!d for filing after July one, Only part of section set out. — As the rest and the New Virginia Wetlands Act," sce 30 . on and a decision made within of the section was not affected by the error in Wash.&Lee L.-Rev. 19(1973). t hich shall not exceed twelve § 15.1-497. Certiorari to review decision of board. Law Review. — For article, "Virginia v. City of Martinsville, 370 F. Supp. 185(W. D. :art of section set out. — As only Natural Resources Law and the New Virginia Va. 1973). I ,m,(a),u•1 and(g)�•ore i icui;,ed by the Wetlands Act," sic 30 Wash. & Lee L. Rev. 19 Applied in Board of Zoning Appeals v. nts,the rest of the section is not set (1973). Colombia Pike, Ltd. Partnerships, 213 Va. 437, Action by a city council not encompassed 192 S.E.2d 778(1972). . • by this section. — See Fralin &Waldron, Inc. § 15.1-498. Conflict with statutes, local ordinances or regulations. Law Review. — For article, "Virginia Wetlands Act," see 30 Wash. & Lee L. Rev. 19 Natural Resources Law and the New Virginia (1973). 1 - • 35 • . • • • 1 § 15.1-503.1 CODE OF VIRGINIA § 15.1-503.2 ' § 15.1-503.2 1974 - reasonable assurance that ARTICLE 9. building or structure and t .Miscellaneous Provisions• contract, binding upon all 1 • of any such landmark, bui E ;'§ 15.1-503.1:. Repealed by Acts 1973,c.270. _ prior to the expiration of priortschedule herein ' r onof § 15.1gover . Preservation of historical sills in certainbea counties. from decision e the he Albemarle, Arlington, (a) The fight, i James body of the countiesNoun, orthampton,ni t,t.un,Sussex, York and any or by the other proper par ta Isle tofy Wight, opu City, .uud ` having ,l )) nilation exceeding two hundred forty thousand may adopt relating to a stay of the de : .county ' ,Setting t 1• istoric owner tom al e bona de an ordinanceihed bythelVirgini t Historic Landmarksl Commission,theind a y t other owner made more thanhe vn ye buildingstsh but thereafter the owner' or structures within the county having an important historic rut thazing or demolishmenttrthwne o • interest, amending, the existing zoning ordinance andiltfin4 buildings aning d structe or ures;s; time' schedule for offers historic districts adjacent to such landmarks, offering.price is less than r,_1>rOvided that silch;amendmc nt of the zunin,t ot;linancL and the establishment offering price is twenty 1 . of�sueh 1i486cet<Sseq.), c,(li), ictS ctiapterttl 11,(�of Title in r1l5,1re of the Code the lr of 1sions of article Vi Virginia. Such offering dollars; fivew •twenty -ii t ordina.1 1g ) t , or more hat lt•`::s than fiftti :ordinance may tected, rec'provision ted, substantially antti illyrlaltere ltortrestored`luding within price r fifty-five than fill i oi signssuchhall be erecte , dollars; if ty Months thou um , any ofhiot)is i district unless. ,as being archit the same ectus rally 11y)vcottul),ati)le with theor more sevent less than nit , historic i s or is la n such county ilt offering price is ninety th( �; � ..,}- � historic landni:li•1�* building or structure therein. The board of supervisors (d1 The ho;u•d of supers may providec for a(tli district ural shallextendwfukrther than one to assist-qut a its rter ftomi(the legal manner any Iper1 No p rt historicpertaining thereto, or any property line of the land pertaining to any such historic landmark, building or f pearl of supervisors sawn • . structure.Subjectd boardatttion, education,s , p ( evisof to the provisions provide incstich ordinance that observation preservation. - cn thou'k, such county II t•ay euel, historie district shall be razed renovation, in,rrre ry t (It' :Tr•,ICI arc• within anyl .. the_ otn demolished had until - - commission or agency or demolished tlntit the razing or demolishment thereof is ,ri>pra)va.( �). charge or the board thsupervisors board sulter consultation csc rsi1oftsuchwco a sty}isahall1lprovlidel review for charge lion thereto;authorize lease, (c) The lordinance,mission any such arc appeals su to the circuit court for bsec county from any final decisionashalll specify acqu upon the coedit of Supervisory pursuant to subsections (nl and (b) hereof building, structure or Ian have theT the t,oca entitled to the circuit court(for trevie review yhfiling parties petiitio shallt with any pc a , rightgo th appeal preservation,w i . my pc law,provided forth petition islfiledd twithinc)thirtvl days�after board final supervisors,decision is preservat land atntenan pendided such ervisors. The filing historic structure, interest; provide renderdecisioned by of the boardrd of oflsupervisors pending t the outcome of the appeal to under this paragraph t the court, of of such petition shall not stay the decision of building, structure, lam the ad of that the filinguabout be destroyed.(m ' the boar(, of supervisors if such decision denies the right to raze orr n1ud1�C}sloe The tot7t amendment e d it historic landmark,board of sop or is ructure.in . The ole r in may if reverse applicablee9 1 Su:.`en and t 1 decision of the nof the!board ofssupc rvis supervisors contrary y t toill awLloritthaticitS : that the tit decision is arbitrary and constitutes an.ahuse of discretion, or it may affirm the decision of the board of supervisors. In add atok,the riht bu ldr ng of strt cture,t thtea1razing o r demolition o f which is bove set forth. the wr of a historicc lane}neat matter subject to the provisions of subsection (b) hereof, shall,rajlsl�tructuref right, be provided Article I. entitled to raze or demolish such landmark, buildingGeneral Provisi that: r) e has of time lied to set fohe rth in the of )timecrs schf duleor chereinafter contained has for theSec. and at a price reasonably related to its fair market value, made a bona fide Adoption of ontinanc offer to sell such landmark, building or structure, and)rathe land pertentior t5 1-504 t5.i-:>u,. t'tnalti,:;for viutatio thereto, to such county ol tidal subdiv sion, or agency thereof, which gives 15.1-506.2. Liability insurance agency thereof, or p • 36 t r § 15.1-503.2 °•. § 15.1-503.2 1974 CUMULATIVE SUPPLEMENT § 15.1-503.2 t ` •` reasonable assurance that it is willing to preserve and restore the landmark, . Ms. y ' 'building or structure and the land pertaining thereto, and (3) that no bona fide ! contract, binding upon all parties thereto, shall have been executed for the sale • . 'of'any such landmark, building or structure, and the land pertaining thesre,to, , ;es in certain counties. — . , prior to the expiration of the applicable time period set forth in the time )mask, Albemarle, Arlington, schedule hereinafter contained. Any appeal which may he taken to the court ipton, Sussex; York and any . from the decision of the board of supervisors, whether instituted by the owner red forty thousand may adopt or by any other proper party, notwithstanding the provisions heretofore stated narks within the county as ' relating to a stay of the decision appealed from shall not affect the right of the 5 Commission, and any other ` owner to make the bona fide offer to sell referred to above. No offer to sell::hall aving an important histdric ' - be made more than one year after a final decision by the hoard of supervisors, and delineating one or more but thereafter the owner may renew his request to the board to approve the s, buildings and structures; razing or demolishment of the historic landmark, building or structure. The finance and the establishment time schedule for offers to sell shall be as follows: three months when the with the provisions of article offering price is less than twenty-five thousand dollars; four months when the f the Code of Virginia. ':such • offering price is twent•-five thousand'.'dollars or more but less than ;forty . ilding or structure, including thousand dollars; five months when thc;offering price is forty thousand dollars illy altered or restored within • or more but less than fifty-five thousand dollars; six months when the offering t ,approved by the board of : price is fifty-five thousand dollars or more but less than seventy-five thousand aurally compatible with the dollars; seven months when the offerin`g.price is seventy-five thousand dollars in. The board of supervisors or more.but less than ninety thousand-dollars; and twelve months when the l.assist it in it.s determination. , offering pricy is ninety thousand dollars-or-more. an one-quarter mile from the (d) The hoard of supervisors of such county is authorized to acquire in any historic landmark, building or legal manner any historic area, landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the n- (c) hereof; the board of • board of supervisors should be acquired, preserved and maintained for the use, ch ordinance that no historic — observation, education, pleasure and welfare of the people; provide for their historic district shall be razed renovation, preservation, maintenance, management and control as places of r r , _ hi^!c ric peter .,t by a delx!rt,n, nt of ihr. (Nuttily }government or by :r board. iv i.i ieJr�ci� .• i,iil::::�.i::. :i: ..., architectural review board.y commission (Jr agency specially established by ordinance_ for the purinisc: ,hall provide by ordinance for charge or authorize the charging of compensation for the use thercot or any final decision of the hoard admission thereto; lease, subject to such regulations as may he established by (b) hereof and shall specify ordinance, any such area, property, lands or estate or interest therein so ions, which such parties shall, acquired upon the condition that the historic character of the area, landru:rrk, re}icw by filing a petition at building, structure or land shall be preserved and maintained; or to enter into on of the board of supervisors, contracts with any person, firm or corporation for the management, '<ys after the final decision is preservation, maintenance or operation of any such area, landmark, building, of the said }petition shall stay structure, land pertaining thereto or interest therein so acquired as a place of the outcome of the appeal to historic interest; provided, the county shall not use the right of condemnation shall not stay the decision of under this paragraph unless the historic value of such areas, land marl:, the right to raze or demolish a building, structure, land pertining thereto, or estate or interest therein is urt may reverse or modify the about to he destroyed.(197:k c. 270; 1 17,1,c. )0.) in part, if it finds upon review The 1974 amendment made this section s contrary to law or that its , • applicable to Sussex and York counties. if discretion, or it may affirm r ►ve set forth, the owner of a CHAFFER 12. zing or demolition of which is , shall, as a matter of right, be COUNTIES GENERALLY. ridding or structure provided rs for such right,t2) the owner Article 1. Sec. departments and h b,arils schedule hereinafter contained General Provisions. localof welfare and social sc ards rket value, made a bona fide SeC• legal representation. ture,,ancl the land pertaining 15.1-504. Adoption of ordinances. 15.1-510.7. (Repealed.] 1, corporation, government or 15.1-505. Penalties for violation of ordinances. 15.1-526.2. Systems of public transportation agency thereof, which gives 15.1-506.2. Liability insurance for employees of for certain counties. f , 1 E 37 i • I • GILMER 6 DEZIO ATTORNEYS AT LAW GEORGE GILMER CHARLOTTESVILLE,VA. 22901 JOHN A.DEZIO May 23, 1975 Judge Savory Amato c/o County Annex Office Building 411 East High Street Charlottesville, Virginia Dear Judge Amato: I appeared before you a short time back about subdividing a small tract of Dr. Hurt's near Owensville at the intersection of 603 and 679. The purchaser has requested cancellation of his contract on account of the delay and Dr. Hurt plans not to subdivide this tract, but to sell it as a whole. He directed me not to file a revised petition for subdivision as recommended by your board. We thank you for making this recommendation and I concurred in it, but there will be no hearing of this matter on June 3rd. Yours truly, /414'4r4"--3.1 ".14.44°—° George Gilmer GG:jf d?,4 . F. %� os.c.( OF AL9 , O °F R 1i MAY 1 6 R Office of County Attorney W 5 FREDERICK W. PAYNE JAMES M. BOWLING, IV 416 PARK STREET ♦ CHARLOTTESVILLE. VIRGINIA 22901 EORGE R, STJOHN DEPUTY COUNTY ATTORNEYS COUNTY ATTORNEY TELEPHONE 296-7138 May 14, 1975 Mr. John L. Humphrey Director of Planning 411 East High Street Charlottesville, Virginia 22901 RE: Woodson Store Property (Our File #A.C. 190) Dear John: After considering this matter in some detail, I have come to the conclusion that the proposed division line of Dr. Hurt 's property known as Woodson's Store, separating the existing parcel into a northern parcel and a southern parcel, does not constitute a subdivision within the terms of the Albemarle County Subdivision Ordinance. In my opinion, the drawing of this line constitutes merely the adjustment of a boundary line between adjacent property owners within the terms of §1-54-1 of the Ordinance. I do, however, believe that a variance from the area requirements of the Zoning Ordinance would be necessary in order to effectuate this boundary line adjustment. If you have any further questions, please let me know. Sincerely yours, GA Georg R. St. John County Attorney FWP:kch cc: George Gilmer, Esq. PERMIT TO INSTALL 0 REPAIR, 0 REASONS FOR REJECTIOND WATER SUPPLY 0 SEWAGE DISPOSAL SYSTEM D' •1 -. J (!tc'l (1) Void after (12) twelve months. (2) Automatically cancelled when site conditions are changed from those shown on permit. (3) Automatically cancelled should facts later become known that a potential hazard would be created by continuing installation. # •ti FHA/V-... 1 , \ „ '\ \ ; ❑ 4Yes �[ _.No t Date 1 Case No Owner' `- - Address ` ' 'Phone d (Mailing Address)' I j Occupant Address '�— Phone i ' f (Mailing Addr\ss\ , . I Exact Location \ ; , 1 '''' \ of premises .( i \. s l--(Subplvisi`n,Street or Road Name,Section or Lot No.) ,�� t FOR: 0 Dwelling ID Other t 1 Automatic Washing Machine 0 Yes Er No Consumption gal.per day Actual 0 Potential 0 Bedrooms ` I `t Garbage Disposal UnitEl Yes ❑ No ( Actual aestimated Water ( Additional wastes �\ WATER SUPPLY(Existing) Class Approved Yes 0 Other 1` 1 (To be installed) Class Cased ft.to be grouted ft. i (Unless supported by positive evidence Class III is to be considered as to be installed.) SOIL STUDY Naturally drained,suitable by sight 0 Yes 0 No Technical Classification • ! (If Known) 4 2 Estimated Percolation Rate 1-10 0 11-25 0 26-50 0 > 51 r 1 Percolation Test Required ❑ Yes No Q' Rate i (Minutes per inch) (Minutes per inch to nearest 10 minutes) (f Depth to Grey Mottles ,,inches (estimate over 4 ft.) OTHER I Surface drainage required❑Yes [01 No OTHER DRAINAGE l (3)HOUSE SEWER LINE Size inches. Type of material required. Distala from Water Supply feet. 1 ; r (A) DETAILS OF CONSTRUCTION Watertight Septic Tank•of \ l •''' ' ` Material Liquid Capacity ' 1 t gallons. Inside Dimensions Length feet. Width feet. Liquid Depth ( feet. Depth of Air Space : feet: SUBSURFACE ABSORPTION FIELD Number of square feet required ( Type aggregate required (�1 Depth of aggregate from base of tile to bottom of ditches inches. Allowable fall to inches. ITotal aggregate minimum depth • inches or more. Depth of drainfield to be inches from surface of original ground. I Distance from well to septic tank feet:distance from well to drainfield ' feet. Rough Sketch of Premises (including adjacent properties if pertinent, Showing Location of Lot Line, Buildings, Water Supplies, Sewage Disposal Systems, Trees,and Other Possible Sources of Contamination of Water Supplies,by indicating Distances and Slope with regard to one another.. • f°''' i+ . 4 t` -' I._.. - Y \I 1 i -) L. 't ` —1 Iti ` \ y Ill I (f ik-'-;,1 , , r - d I t :l ,�,�._._.. � f • ra}/t('. • ( - 1 . e. M . ` +fr M , wt.l. . .. . j ... .._ s . , r { A4_____ feet I i Note: Owner or his agent must notify l Health Department, Phone s t when in- c stallation is ready for inspection. If any Sewage Disposal System,or part thereof, is covered before being inspected by the Health Department, it shall be un- 2'covered at the direction of the Health Director or his agent. CONDITIONS DISCOVERED DURING INSTALLATION MAY REQUIRE ADJUSTMENTS OF En SYSTEM DESIGN. Changes from above specifications require Health Department approval before being m e. r s s kl. t Based on the above information,the undersigned recommends that this permit be issued. j ` t , Date Approved Date I - Signed �` (Reviewing Authority) \ (Sanitarian or Health Director) LHS-121 REV. 12/71 Virginia State Department of Health TRIPLICATE ZONING ALBEMARLE COUNTY, VIRGINIA P�emit Na ,SL6 . . f � REAL ESTATE DIVISION DISTRICT Q \• MAP REFERENCE SUB-DIVISION ACRES STATE ESTIMATED CONTRACT PRICE • MAP LOT BLOCK 1 SECTION _REGISTRATION COST 4 '2 - u i - Name of Owner L t .\-';y r ti-„€: i -t-•.��J Addre '�=`c`��ca�.Q � � �1✓;. Location: N E S W Side of Road No. r,' �'1 about mires m it- Or: side of Street, between and Yard Requirements: Front Setback Side Rear USE CONSTRUCTION EXTERIOR WALLS INTERIOR WALLS ROOFING GENERAL FEATURES Dwelling I Wood Frame Wood Siding I Plaster Metal s No. Stories 1 Apartment Steel Frame Wood Shingles I Dry Wall Slate No. Rooms Store Brick Asbestos Shingles •Celetex ,Comp. Shingle Floors Garage Cinder Blocic Cinder Block Pine Ceil Asbestos Shingle No Basement Service Station Solid Masonry Brick Paneled Tar-Gravel Pt.Bsmt. !i $i , Comp. Roll Full Basements PLUMBING Hot Water Heater HEATING SEWAGE WATER ` No. Bathe Gas Hot Water Air Cond. Public Public Toilet •Oil Electric Fireplace Private Private ■ Electric. Hot Air Stove Septic Tank _Well . Floor Furnace - _ I I �, I If for Alterations or Repairs. State Nature- �. "1 ;'--r---1: � '� i- - �` - j ��2- _ 1 • OUTBUILDINGS—IMPROVEMENTS USE DESCRIPTION SIZE or REMARKS VALUE APPRAISED VALUE—ALL IMPROVEMENTS $ RECAPITULATION APPRAISED VALUE ASSESSED AMOUNT �-�---� - I Land $ 3 _ - Buildings TOTAL $ $ r Signature of Owner or Authorized Agent.- r;/...-,�, 4 i , ,ar/-.• f-' 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 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 usA 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- b 249 0 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, J (Mrs. ) Ruth Miller Secretary by Patricia L. Fleshman NN pipe Total i ) 3 25 E 46 1 0 5 2 5 4 7 9 , rar S 2 i&46 3 0 --- CO *e> h 5 crE_ s O m I 0 Sheo v `° 1 o © NI Ih 2 story FraIn e 'le' 130 NB Owe II ' n 9 k. i «, 64 s j 0'``‘i >t ni N 4 9 ° 0/ 0 o , n 1 p 40 k i \i m a Q i N 4.. tA I i 4. .4„.4r— ---„vi.,lor ii roliN A .. 3 1Y PLATge SHOWING 1 . 522 ACRES BEING IVY L AND CO M PANY PROPERTY Scale I „ = 5 0 ' ALBEMARLE COUNTY , VIRGINIA M ;) r c n 2 5 B . 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