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Home My WebLink AboutVA197800058 Application 1978-08-27 $20. Permit Fee (5)ta Application N . Lip rWS1 Sign Erected By: Staff: CO Z APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application , 19 OWNER OF PROPERTY OCCUPANT (If other than owner) Name: \),51Z W ad Name: _ ? Address: , I ' S c , I 13 Address: aact Telephone: 4) 3 _ 7/ O > Telephone: Location of Property: (4 R* (p ( U ocoLk., ,cam'' 4--c_c j Tax Map 3 Parcel a (4. 'O Acreage 4/, S ,7 Existing Zoning /7-- / District V 1 Existing Use: LIA, � li) - rvt,r Af Variance sought (describe briefly relief sought) : 61 W C � /zGU A .��J /J 2.C. \/.__) -S ,72 Yo. q cs.._ca k Loccaa 5 Q 1 1 ()L �,-� ) ,v(?��Cvv� o c� 1 U , c c �,l �� .1'1�l S� 0-�- Cal• C.L L�-;C tut h t) 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. [64 0. -,/(M Applicant Date " FOR OFFICE USE ONLY Zoning Administrate has as not rendered a decision. If so, state substance of decision: Date of Hearing: c? D ' Final Decision Made: /6 // ' The variance sought was e pprov .ith the following conditions: I/tfli w�.tvn-fMA Special Use Permit# BOARD/ OF ZONING APPEALS Sign Permit BY: _ * A - 2 J- /c� /b 7 at Building Permit:# THIS DEED, made this 8th day of May, 1978, by and between GEORGE A. GIANNINI and ARDNA 0. GIANNINI, husband and wife, parties of the first part, KENT D. WALL and MARCIA K. WALL, husband and wife, parties of the second part, land JOHNNY L. JOHNSON and LINDA M. JOHNSON, husband and wife, parties of the third part, W I T N E S S E T H : THAT FOR AND IN CONSIDERATION of the sum of EIGHTY NINE THOUSAND NINE HUNDRED DOLLARS ($89,900.00) cash in hand paid, the receipt of which is hereby acknowledged, the parties of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto said Kent D. Wall and Marcia K. Wall, husband and wife, as tenants by the entirety with full rights of survivorship as at common law, and not as tenants lin common, all that certain lot or parcel of land-, together with all improve- Iments thereon and appurtenances thereunto belonging, situated in the Rivanna Magisterial District of Albemarle County, Virginia, fronting 'on State 1 Route 660 and containing 4.573 acres, more or less, more particularly • described and designated as Lot 5B-1 on a plat prepared by B. Aubrey Huffman and Associates, C.L.S., dated October 18, 1977, and being the same property conveyed to the parties of the first part by deed from the parties of the third part herein dated November 7, 1977, and recorded, along with the aforementioned plat, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 636, page 519. Reference is hereby made to said deed and plat for a further and more particular description of the real property hereby conveyed. This conveyance is made subject to the restrictions and easements set forth in a deed of James E. Craig and Jean W. Craig, husband and wife, to Hugh C. Davis and Shirley J. Davis, then husband and wife, dated October 14, 1970, of record in the aforesaid Clerk's Office in Deed Book 478, page 584, as well as to all other restrictions, covenants and easements of record. 14,401 The real property hereby conveyed is further subject to certain restrictions contained in the aforementioned deed dated November 7, 1977, from the parties of the third part herein to the parties of the first part. As evidenced by their joining in this deed, said parties of the third part Ido hereby acknowledge that said restrictions have not been violated, and they do hereby release said Lot 5B-1 from all said restrictions, except the restriction that Lot 5B-1 shall be used only for the construction of one (1) single family dwelling house, which restriction shall continue in force and shall bind the property hereby conveyed. • Furthermore, the aforementioned deed dated November 7, 1977, from the parties of the third part to the parties of the first part herein, contained a reservation by said parties of the third part of a right of first refusal or option to repurchase said Lot 5B-1. By joining in this deed, the parties of the third part do hereby waive, release and extinguish, for now and forever, their said right or option to repurchase Lot 5B-1. By deed dated November 22, 1977, of record in the aforesaid Clerk's Office in Deed Book 638, page 523, the parties of the third part conveyed unto the parties of the first part a 20 foot wide non-exclusive easement for ingress and egress across that certain Lot 53-2 in favor of said Lot 5B-1, as shown on a plat dated October 18, 1977, prepared by B. Aubrey Huffman and I � ' Associates, C.L.S. , and recorded in said Clerk's Office along with said deed lof easement. Whereas, a private drive or road has been constructed along said easement, a portion of which drive serves both of said Lots 5B-1 and 5B-2; and • whereas, the parties cf the second part and the parties of the third part desire to provide for the continuing maintenance of that portion of said road serving both of their respective properties; now, therefore, in consideration of their mutual covenants and agreements, Johnny L. Johnson and Linda M. Johnson, parties of the third part herein and record owners of Lot 5B-2, and I I Kent D. Wall and Marcia K. Wall, parties of the second part herein and grantees -2- Syr Nil hereunder of Lot 5B-1, for themselves and for their heirs, successors and assigns, do hereby agree as follows: (1) The parties shall inspect that portion of said road used . by the parties jointly, such inspection to he made at least twice each year, in April and in October, for the purpose of determining what maintenance or improvements, if any, are required to be performed on their joint roadway. (2) Upon such inspection and determination, the parties shall cause all necessary maintenance and repair work to be performed on their joint roadway in a prompt and timely manner, and the parties shall share equally the cost of such maintenance work. 1 (3) The owners of Lot 5B-2 shall bear no responsibility for maintaining that portion of said road which serves only Lot SB-1, i.e., that portion of the road after it passes the driveway leading to the dwelling house on Lot 5B-2. WITNESS the following signatures and seals: 4-11--f-e- /f :1.:J/ ---t-e...-4.-,14--4.:f George AV Giannini 6?4// C Ardna 0. Giannini W )" to,ie,.-e,� ,„ c)27; et /1kx�'"�j i f��•* Kent D. WallS;�G'6, /`ice. 'ecc. �c --0 `G�. Marcia K. Wall eir w//4Gtc.� z.> t-G T * hnny L. hnso Linda M. Johnson STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this &,rt day :Svc.r of444,7 1978, by GEORGE A. GIANNINI and ARDNA O. GIANNINI. 9' My commission expires: --.� �7/ /f , • Notay Pu -3- 1 M I • STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this 1 day by Gaxy C. McGee, as attorney in fact for of �. 1978, by4KENT D. WALL an MARCI K. WALL. / // /My commission expires: it .7) alar Notary Public ,ISTATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this ' 'l day of _ u"E 1978, by JOHNNY L. JOHNSON and LINDA M. JOHNSON. • My commission expires: Qe 4-1,0A-. �2/ /7%7 . ( _11 .. q . Notaryt/Pub U c 1 1 I 1 I t I 1 1111b lb IV Vt1(IIt1, IPVCI-UM ,...-4,"/1_,41_, " „,,,,e) . I 31.11YLICU Inc rnvr-Ln I T anywn 'ail , THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDING ARE SHOWN liEON ftie /1/i ,gr elt/.447146;2'i Ns\\ . , \ l /or 5/3-,Z • ' ...•••., •, , L i(,/' ... , •\s, / •geVAz-zit°1" '''',.?,, \ it/ 70 ,...:,,, , \,...„ • \ \ \ , ...- , . \ ', ‘ ., . \ \ , .__1,3 •:-•%•"1', r•J • ...1,57-04'... )".. tit - . -1, -4c,. •.—.. . • /5r4;i1E 't;L-. \\ .12<e/EZZ/A/0' - \ \'' _ \ .),... .-. * \ :4; .` \ I ;:ti, -1.', . \ V I \ .I07-.561—/ •,,4 -Ls._ cl,.. 4'Ak,' • \ , • \\:\ . . ,...,,- s .• - • \\\< '13* -?•,.. . . , . ••• .'5. !'1,% 3._.". ' --,-- d 0.3. 4 .. , '-, s,7• •'az,, 4„7„. --.. \ . t , *•- ‹ .. ., . . ,,,,,.--(5•___-.. -,.. .4'04 --,...............,,,...... kt....t.'''r''.-..,_,....„,....... • . , L 0 7— 5 5- I /CT- 0, /1/z ' E.4ZY-,57 /./ ,514./..6/;/X' .9.Z..5.e7V,-9%eZZ- 1.(7a t/7-17; ////q/A//4 /9/9/M 4 /Z 4 B. AUBREY HUFFMAN & ASSOCIATES, LTD. f CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING STAFF REPORT VA-78-58. Kent D. Wall Tax Map: 30 Parcel: 24"0" Zoning : A-1 Existing Activity Single family residence Proposed Variance The applicant requests relief from section 2-5-2 to allow a garage to be located 25 feet from the rear property line ; a variance of 10 feet . Zoning Ordinance Requirements Each main structure shall have a rear yard of thirty-five (35) feet or more. Staff Recommendation The applicant claims that the 200 foot requirement from a stream feeding the reservoir caused him to locate the garage to the rear of his property. Just recently the Board of Supervisors ' changed this require- ment to 100 feet. If the applicant feels he still needs a variance , a demonstrable hardship must be shown.