HomeMy WebLinkAboutVA197800007 Application 1978-02-16 $20. Permit Fee -0_4 4I Application No.� l/ - ) 7
Sign Erected By: Staff:
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application 19 7
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: /!'t,'c/cL / J1� 1714.) -:.,i-1ttKt/ Name:
Address: /2 2-(/2 p, / /lo,,:.c/ Address:
6/-),
Telephone: g 7 3 ._ Telephone:
Location of Property: d o Rf- F 7-6-7
Tax Map Parcel St, c J_ Acreage R. 9=119
( 7L Ct ,3--_3)
Existing Zoning ,/; ( District
Existing Use: V.tC �ti /
Variance sought (describe briefly relief sought) :
/6-/,-c L _Se c —9 7 a E //4-u1 / d;(2,z
e, C. .6 f (.4%,`,1744 ) /S 4' � �2 310'1)",,
I hereby certify that the foregoing information is true and correct to the best of my
knowledge and belief and that I am the owner named above.
A ---)s,cjte4.12 .zy
Applicant ate
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: ` _ / 7 Final Decision Made:
The variance sought w(s ed approved with the following conditions:
4/o cQ�'7z�.ox� ` '1 .
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit#
STAFF REPORT
VA-78-07. Michael J. & Dorothy R. Eshard
Tax Map: 73
Parcel: 36I
Zoned: A-1
Acreage: 8.949 Acres
Existing Activity
Vacant Lot
Proposed Variance
Applicant requests relief from Section 2-4 to allow proper frontage (lot
width) of 150 feet to be 2315 feet from the required setback line of 75
feet. The lot was recorded in August, 1977, and is deemed a "pipe stem
lot" which technically is in violation of the Zoning Ordinance. Applicant
claims the hardship that this sort of recordation has been an accepted
practice in the community so long as the lot exceeded 5 acres, that his
monetary investment is in the balance, and that he relied on previous
interpretations in the past 4 or 5 years by former County officials. The
applicant needs to begin building construction if he is not going to lose
money and his contract.
Zoning Ordinance Requirement
For residential lots, the minimum lot width at the setback line shall be
one hundred fifty (150) feet or more.
Staff Comment
The County Attorney, after consulting with the Zoning Administrator,
Director of Planning, and County Executive, rendered a letter opinion of
February 3, 1978. (attached) His reading of the local zoning law demon-
strated that previous interpretations of the Zoning Ordinance were in error
because the Ordinance is explicit that at the setback line, lots will be
a certain width. Pipe stem lots such as this one would thus be in viola-
tion of these pertinent provisions of the Zoning Ordinance. (The Board of
Supervisors will address this matter at their March 29, 1978, regular
meeting.) It was decided, if the present Zoning Administrator denied
zoning clearance for a building permit that the only relief would be before
the Board of Zoning Appeals.
St f reco ds a temporary v iance of 1 days which at at tritele
B and of Supe ors will h e addressed this ounty-wid problem.
• • T
ills Pt aftani •
of At41.4.
Office of Coaaty Attoraey
FREDERICK W. PAYNE 416 PARK STREET GEORGE R, STJOHN
JAMES M. BOWLING, IV CHARLOTTESVILLE, VIRGINIA 22901 COUNTY ATTOaNEY
DEPUTY COUNTY ATTORNEYS TELEPHONE 296-7138
February 3, 1978
Mr. Gerald E. Fisher Dr. F. Anthony Iachetta
Route 5, Sheffield Road Route 8, Box 319
Charlottesville, Virginia 22901 Charlottesville, Virginia 22901
Mr. William S. Roudabush, Jr. C. Timothy Lindstrom, Esq.
914 Monticello Road 400 Court Square
Charlottesville, Virginia 22901 Charlottesville, Virginia 22901
Lindsay G. Dorrier, Jr. , Esq. Mr. J. T. Henley, Jr.
224 Court Square Crozet, Virginia 22932
Charlottesville, Virginia 22901 "
RE: Private roads
(Our File #ACPZ 78-195B)
Gentlemen:
You will recall that on the day the "Private Roads" Committee
was formed, Mike Boggs presented to' the Board a plat of a "pipestem"
subdivision, with the premise that unless private toad restrictions
were relaxed by the Board, such pipestems are going to be "what
the County will get" .
I have checked into this matter and in my opinion any "pipestem"
longer than 75 feet is positively unlawful under the existing
Zoning Ordinance and no building permit can be lawfully issued to
a lot of that shape. * (see note below, for pertinent Zoning
Ordinance sections) .
We have further found that there are numerous lots and sub-
divisions - perhaps tens or hundreds - already in existence in
the County. Some have been sold and built on already. All are
over 5 acres, and so they escaped subdivision review, and were
never approved or disapproved by any County agency but simply ware
created by recordation. Building permits were obtained because
previous zoning administrators either interpreted the ordinance
as allowing these lots or were not furnished plats showing the
shape of the lots, with applications for building permits. Such
plats are not required for a single-family residence.
•
+fir+ rd
tr. Gerald E. Fisher, et al.
gage 2
?ebruary. 3, 1978 .
.
The present Zoning Administrator feels, and I agree,
that for li
dim to issue building permits for a lot when he knows it is not :-
La compliance with the Zoning Ordinance, is improper
proper He ntvensthoughnin-
Such permits may have been issued
the
for any such lot when he is
immediately to refuse building permits
aware of it, and the applicant will be relegated toDieekingdal have
A nor, Mr. Tucker, Mr.
variance from the BZA. Mr. g .
conferred twice on this subject and we all concur that for this
Zoning Administrator to act otherwise, . since he concurs in our .....
assessment of. the law on this subject, would be improper on his
part. hardship in many instances. '
This may result in controversy, and
There are certain options open to the Board of Supervisors in our 'f' '
judgment, as follows:
.s.r
- .. i. Take no action.
- - • (aj . Building permits will be refused as to
pipestem subdivisions both heretofore `
and hereafter created, and , ,
Applicants for building permits will be f
(b) PP '
relegated to the BZA for variances which
they may or may not get, and
(c). The matter may be litigated by disgruntled
mandligus against the
applicants seeking
Zoning Administrator for building permits.
II. Amend the Zoning Ordinance in one of two ways:
(a) To legitimize the pipestem as to the
subdivisions already recorded, but prohibit
the same in more express terms (although
I believe the existing terms are express,
see below) as to the future.
. (b) Amend the Zoning Ordinance to legitimize
• pipestems both as to past and future
subdivisions.
lest that this be discussed along with the
We respectfully req� agenda for February 8;
private road ordinances which ar on heroad ordinances whether , .
however, we emphasize that the privateud meat suppress
they are enacted or not, will not in our
rdgm eitheru paste theor .•
problem which exists with respect to pipestems
w 1 w 1
Nov
Mr. Gerald E. Fisher, et al.
Page 2
February 3, 1978
future and we must meet this problem directly, regardless of the
private road ordinances.
Respectfully yours,
George R. St. John
County Attorney
GRSt.J:kch
CC: Mr. Guy B. Agnor, Jr.
Mr. Robert W. Tucker, Jr.
Mr. J. Benjamin Dick V-
Frederick W. Payne, Esq.
* PERTINENT Z.O. SECTIONS :
Z.O. § 2-4: (A-1 District) Frontage regulations : For residential
lots, ,minimum lot width at the setback line shall be 150 feet
or more.
Z.O. § 2-3 : (A-1) Setback regulations: All structures. . .shall be
located a minimum of 75 feet from any street, road or access
easement.
Z.O. § 16-79: Definition of Setback: The minimum distance by
which any building or structure must be separated from the
front lot line.
Z.O. § 16-32 : Definition of Frontage: The minimum width of a lot
measured from one side line to the other along a straight line
on which no point shall be further away from the street upon
which the lot fronts than the building setback line as defined
and required herein.
•
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THIS CONTRACT OF PURCHASE made in triplicate this 1st day of September,
1977, by and between ROBERT H.- PACKARD, party of the first part, herein-
after referred to as "Seller", MICHAEL J. ESNARD and DOROTHY R. ESNARD,
, party of the second part, hereinafter referred to as "Purchasers", and '
GORDON WHEELER REALTY COMPANY, a Virginia corporation,, hereinafter referred
to "Realtor", party of the third part.
• s,
•
W I T N E S S E T H :
THAT, upon the following terms and conditions, Seller agrees to
sell and Purchasers agree to purchase the following described real estate '
situate in Albemarle County, Virginia, to-wit: all that certain tract or
parcel of land, situated on State Route 708, about 0.5 miles south of
State Route 637, in the Samuel Miller District of.-°Albemarle County, Vir
ginia, containing 8.949 acres, more or less, being Tract 6B-3 as shown
and described on a plat thereof prepared by B. Aubrey Huffman and Asso-
ciates, C.L.S. , dated 'August 3, 1977, and being a portion of the real
property conveyed to Robert H,, Packard by deed of Taylor Mt. Territory
r.,. ' Ltd. Partnership, dated April 6, 1977, of record in said Clerk's office :
in Deed Book 618 at page 303.
(1) The purchase Price of the above-described property is the sum,
` of FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($15,500.00) , of which
;; the sum of $3,000.00 has been paid cash in hand, the receipt of which
- is hereby acknowledged. Purchasers shall pay the balance of the purchase
, price in the amount of $12,500.00 as follows: '
f1 (a) One principal payment in, the amount of $12,500.00 due in
full on March 15, 1978.
•
(b) Interest on the unpaid principal balance at the rate of
nine per cent (9%) per annum from date herewith due and. payable -
.
with the full principal payment on March 15, 1978.
s
x° (2) Purchasers shall have the right to anticipate principal payments,
; .
in whole or in part, at any time after January 1, 1978, without notice
i
, or penalty.
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sitirs0 Sod
(3) On such date that Purchasers have paid to Seller 100% of said
• purchase price for the above-described real property, Seller shall convey
the above-described property to Purchasers by General Warranty deed with
the usual English Covenants of Title and free and clear from all encum-
brances, tenancies, and liens, but subject to the applicable restrictive
convenants and easements set forth in the instrument dated August 27,
1975, of record in said Clerk's Office in Deed Book 480, at page 329, '
as modified by an agreement dated December 15, 1975, of record in said
Clerk's Office in Deed Book 489, at page 16. Said property is further
subject to the restrictions and convenants set forth in an instrument '
dated August 19, 1977, recorded prior to this deed, to an easement dated
July 29, 1977, of record in Deed Book 628 at page 155, and to any other
easement of record, insofar as the same may cross or affect the real
property hereby conveyed.
(4) Seller agrees to pay the expense of preparing said deed and the
• recordation tax applicable to Grantors. Examination of title, convey-
ancing, notary fees, and recording charges applicable to the Purchasers
are to be at the cost of the Purchasers.
(5) Real estate taxes for the tax year 1977 shall be prorated as
of September 1, 1977, Purchasers shall pay, before delinquency, all real
i! estate taxes pertaining to said Tract 6B-3 for the tax years 1978 and '
subsequently.
(6) All risk of loss or damage to the property by fire, windstorm,
casualty or other cause, is assumed by the Purchasers.
(7) Purchasers may enter into possession forthwith.
(8) in the event that any principal or interest payment set forth
, above becomes past due for more than fifteen days, then, at the option
of the Seller, upon an additional fifteen day written notice to Purchasers,
Purchasers will forfeit all, rights in the above-described property and
• alimonies paid will be considered as rental to date of forfeiture.
• (9) The Realtor, Gordon Wheeler Realty Company, and the Seller
acknowledge and agree that the real estate commission due Gordon Wheeler
• :• •, •: ••
!- :••••,y, '
• ••'. _
.
Realty Company in the amount of $1,550.00 is to be paid in full, in cash,
upon the transfer of title to the property.
WITNESS the following signatures and seals.
1�A �' dFy
Robert H. Packard, Seller
6.0„62....04.1i
By:
1
Michael J. gard, Purchaser
By:
Dorothy R. Es ard, Purchaser
Y
t, GORDON WHEELER REALTY COMPANY
By: _
i. James W. Faulconer , Jr. !
4
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4 STATE OF VIRGINIA
COUNTY OF ALBEMARLE; to-wit:
The foregoing instrument was acknowledged before me this ITT ,
day of September, 1977, by Robert H. Packard.
My commission expires �"'
Notary Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE; to-wit:
The foregoing instrument was acknowledged before me this •
day of September, 1977, by Micael J. Esnard.
r 7 Ce:"
My commission expires r _
Notary Public'
�_..�-....-�.........�._..__
STATE OF VIRGINIA
COUNTY OF ALBEMARLE; to-wit:
The foregoing instrument was acknowledged before me this
day of September, 1977, by Dorothy R. Esnard.
<My commission expires
Notary Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE; to-wit:
The foregoing instrument was acknowledged before me this
day of September, 1977, by James W. Faulconer, Jr,
r
My commission expires
Notary Public L. T