HomeMy WebLinkAboutVA197900005 Application 1979-01-29 Permit Feed f�ppllcaticrz No. 1/,g6 29
Sign Erected By: Staff: ceLLli_ ay)
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application January 29 , 19.29
Contract Seller a d_ contactpurchaser
:���nw4 OF PROPERTY OCCLTANT4(If otherr caner)
Name: Walter Young _ Name: Roy Doss (General Delivery , Crozet)
Address: c/o Richard Carter, Esq . Address: c/o Scott W. Williams , Esq .
410 E . Jefferson St . , Charlottesville 420 3rd St . , N.E . CharlottesvillE
Telephone: 9 7 7-40 0 0 Telephone: 2 9 3-5131
Location of Property: Wayside Heights Subdivision, State Rt 827, Beagle Gap Rd.
Crozet , Virginia
Tax Map 54 Parcel 36A Acreage .407 acres
Existing Zoning R-1 District White Hall -.
Existing Use: residential dewelling Variance sought (describe briefly relief sought) :
(see attached sheet) /0 - d►-% _ _
0 4-
I hereby certify that the foregoing information is true and correct to the best of my
knowledge and belief and that I an th �:ier n� 3 abQ' e.
- torney or contract
Attorney for App icant /' 'rL
e
170R-0 F CE N Y
Zoning Administrator has/his not rendered a decision. If so, state substance of decisic._,:
Date of Hearing: - ) Final Decision Made:
The variance so ?ht wa Genie /appfoved with the following conditions:
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lc EQA .D F ZONING APPEALS
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/ THIS AGREEMENT made this day of , 1963, by and
between Walter A. Young, Seller, party of the first part, and
Purchaser
party of the second part,
WITNESSETH
That the Seller agrees to sell, and the Purchaser agrees to
buy that certain lot with improvements thereon, situated in the
Samuel Miller District, Albemarle County, near Greenwood,
described as follows. zz,t-i_ ?_ s /
Jii
-per month, beginning
purchaser agrees to pay $ (�, .� pe beg g
on the1 Y day of ; p.7: 1 , 196% , and the same amount each
month thereafter for a l riod of 2 ( years, and to pay the
taxes and maintain the fire insurance throughout the period, to
pay the amount of $2. 50 per month for water, and keep the property
in good repair.
At the end of five years if these payments have been made
promptly a General Warranty Deed will be given to the Purchaser
if the Purchaser is able to finance the balance due.
If the purchaser fails to comply with the terms of this
agreement all paymertzl ,made will be treated as rent and the
property will be returned to the Seller in as good condition,
ordinary wear and tear accepted, when delivered to Purchaser.
Witness the following signatures and seals.
(SEAL)
/c f S-ct `— (SEAL)
STAFF REPORT
VA-79-05. Walter Young, Contract Seller, and Roy Doss, Contract Purchaser
Tax Map: 54 JJ 4
f
Parcel: 36A
Zoned: R-1
Existing Activity
Single family dwelling
Proposed Variance
The applicant, R. Doss, seeks relief from the technical requirement of recordation
per section 10-6-1 in that his contract of 1963 conveyed a non-conforming lot
that was not put to record by deed and relief from section 4-2-3 requiring 60,000
square feet per lot served by neither public water or sewer systems; a variance
of 43,576 square feet.
Zoning Ordinance Requirements
10-6-1: For purposes of this section, any lot shown on a preliminary or final
subdivision plat which was approved by the proper authority of the county in
accordance with law prior to April 15, 1968, and which plat was subsequently
recorded in due course, shall be deemed to be a lot of record at the time of
the adoption of this ordinance.
4-2-3: Category 3: residential developments served by neither a central
sewer system nor a central water supply shall provide'a minimum area of
sixty thousand (60,000) square feet per dwelling unit.
Staff Recommendation •
The staff feels this is a most unusual case and that applicant must prove to
the Board their statutory demonstrable hardship or other extraordinary cir-
cumstances for this variance to be approved.
The applicant claims this lot was purchased by contract (attached) in 1963, and
that they were, for all practical purposes, a lawful parcel prior to zoning.
By the terms of the contract, the applicant was to receive a general warranty
deed after making five years of payment: (circa 1968) The failure of the
seller to thereafter record in the courthouse the deed per the contract is the
requirement of the above section that they did not meet to be a clear "lot of
record" before zoning came into effect.
If they now have to have the subdivision of the land approved by the County,
their lot does not meet the minimum area requirement of 60,000 square feet.
If they are not a lot of record or do not gain a variance from 10-6-1 , then
they seek a variance from the 60,000 square foot requirement. The applicants
have lived in their house for a '4 of a century, paid taxes, and kept it up in
every way as their private home. The applicant now seeks a home loan for
needed repairs in their home. They must first, however, have a proper recorded
deed of title to obtain a loan.
•
If the Board -chooses to grant the variance, staff recommends the following
conditions:
1) Approval of any lawful variance to 10-6-1 as applied for is not
an 'approval and is not to be evidence in any way of an approval
of a subdivision.
2) The above be noted on the deed and the lot be deemed a non-
conforming lot of record.
•
•
•
. i
0
otter OF ALF3E 1
00 k4
Inspections Department
Zoning Division
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE, VIRGINIA 22001 ANDREW EVAN•
20N1,40 ADMINI (604) 20E-E832 MINION IMN.$CTow
January 30, 1979
Scott W. Williams, Esquire
Charlottesville-Albemarle Legal Aid Society
420 3rd. Street, N. E.
Charlottesville, VA 22901
Re: Tax Map 54, Parcel 36A(pt.of)
Dear Scott:
Following our discussion on your client's problem with their home
hot having been formally recorded in the 1960's and thus not being a
lot of record, I have reviewed the Beagle Gap Subdivision file that
embraces the above and I have spoken with Robert Tucker, Director of
Planning and report the following.
The variance route discussed with you appears to be the one route
available to your client. Mr. Tucker and I feel the possibility of I
formal subdivision approval at this time is remote due to many self-
imposed problems by Mr. Young which will require considerable time and
expense to overcome.
I feel your client's application, to be exempted from section 10-6-1
of the Zoning Ordinance, in that their parcel by contract, for all practical
purposes, might constitute a "lot of record", would have to include a copy
of the contract of sale that was made prior to the enactment of the Zoning
Ordinance. Also, I would imagine a deed was drawn up at that juncture and
delivered. The Board of Zoning Appeals would want to look at that if you
apply for this particular variance.
Moreover, the Board of Zoning Appeals will want to review any evidence
or documents that pertain to the home being dearly theirs since the time
they have occupied the house. (i.e. , taxes, real estate assessment, physical
boundaries, neighbor understanding of the physical boundaries, etc.)
Nur
Scott W. Williams, Esquire
Page 2
January 30, 1979
If you have any questions, please advise.
Respectfully,
J: Benjamin Dick
Zoning Administrator
JBD/gr
cc: VA-79-05
Nee
CHARLOTTESVILLE-ALBEMARLE LEGAL AID SOCIETY
420 3RD STREET, N. E.
CHARLOTTESVILLE, VIRGINIA 22901
PETER Mc1NTOSH SARAH ACKERMAN
DIRECTOR (804) 293-5131
OFFICE MANAGER
SCOTT W. WILLIAMS PARALEGALS
SR.STAFF ATTORNEY
BARBARA HARRISON
ATTORNEYS
JAN HOSTAGEy
HERBERT L. BESKIN JAMES MACQUERN
KLINETTE HUNTER
EDWARD M. WAYLAND
STEVEN D. ROSENFIELD
January 11, 1979
J. Benjamin Dick, Zoning Administrator
County of Albemarle
414 East Market Street
Charlottesville, Va. 22901
Re : Transfer of Title; Lot Owned by Walter Young, Tax Map 54,
Parcel 36A (part of) .
Dear Mr. Dick :
Thank you for your letter of January 8th. Unfortunately,
however, it does not appear to render a final answer to the problem
at hand.
Whereas the lot and house in question have existed since
1963 when the contract of sale was signed, it is not a "lot
of record" as defined by section 10-6-1 of the Albemarle County
Zoning Ordinance. The subdivision plat was neither recorded
nor approved, the lot in question also never was recorded.
I am concerned that because the property appears not to be
a "lot of record" a valid transfer of the property is not possible
at this time. If my concerns regarding this matter are correct,
I would appreciate your informing me of the alternatives available
to the prospective buyers (e. g. , applying for a variance, etc) .
Thank you for your help.
Sincerely,
445(Let4c—
James MacQueen
JMQ:jh
Q - r
Serving Charlottesville and the Counties of
Albemarle, Fluvanna, Greene, Louisa and Nelson
-1641 Nine
CHARLOTTESVILLE-ALBEMARLE LEGAL AID SOCIETY
420 3RD STREET, N. E.
CHARLOTTESVILLE, VIRGINIA 22901
PETER MCINTOSH
SARANOFFICE ACKERM MANAGERR
DIRECTOR (804) 293-5131
SCOTT W. WILLIAMS
SR.STAFF ATTORNEY
PARALEGALS
BARBARA HARRISON
ATTORNEYS
JAN HOSTAGE
HERBERT L. BESKIN DAMES MACQUEEN
KLINETTE HUNTER
EDWARD M. WAYLAND
STEVEN D. ROSENFIELD March 9 , 1979
Albemarle County
Board of Zoning Appeals
c/o Benjamin Dick, Zoning Administrator
414 E. Market Street
Charlottesville, Virginia 22901
Re : Doss Application, VA-79-05
Dear Members of the Board:
During the regular meeting of the Board of Zoning Appeals
on February 15 , 1979 , this application was deferred until a
plat of the lot was submitted. I have only recently learned
that the surveyor will be unable to produce a plat before the
Board' s meeting on March 13th. I write now to request that
the Board defer this matter to its April meeting.
Both parties left the Board hearing in February committed
to obtaining the survey so as to complete this matter as quickly
as possible. The surveyor, Mr. Snow, has been unable to obtain
necessary information on the prior survey in order to prepare
the plat for the March 13th hearing. This delay was unexpected
and a disappointment to both parties .
The Doss ' s will volunteer to pay the notice costs involved
in the deferral of this application to the April hearing. I
apologize to the Board and to the Zoning Division for any incon-
venience caused by this delay. Thank you for your consideration.
Sincerely,
ckeigw- a4 -
Scott W. Williams
SWW/bcm
cc: Richard Carter, Esq.
RECEIVED MAR t iO
Serving Charlottesville and the Counties of
Albemarle, Fluvanna, Greene, Louisa and Nelson
• 1../ OF ALB�M
�
Y
Inspections Department
• Zoning Division
4/4 EAST MARKET STREET '
3. ®ENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22001 ANOREW EVAN•
lONIMis Aow1N1ArwAT01.1 ( O4) 296-5832 •satow iNS►sc?ow
January 30, 1979 °.
Scott W. Williams, Esquire
Charlottesville-Albemarle Legal Aid Society •
420 3rd. Street, N. E. • .
Charlottesville, VA 22901
Re: Tax Map 54, Parcel 36A(pt.of)
Dear Scott:
Following our discussion on your client's problem with their home
hot having been formally recorded in the 1960's and thus not being a
lot of record, I have reviewed the Beagle Gap Subdivision file that
embraces the above and I have spoken with Robert Tucker, Director of
Planning and report the following.
The variance route discussed with you appears to be the one route
available to your client. Mr. Tucker and I feel the possibility of
formal subdivision approval at this time is remote due to many self-
imposed problems by Mr. Young which will require considerable time and
expense to overcome.
I feel your client's application, to be exempted from section 10-6-1
of the Zoning Ordinance, in that their parcel by contract, for all practical
purposes, might constitute a "lot of record" , would have to include a copy
of the contract of sale that was made prior to the enactment of the Zoning
Ordinance. Also, I would imagine a deed was drawn up at that juncture and
delivered. The Board of Zoning Appeals would want to look at that if you
• apply for this particular variance.
Moreover, the Board of Zoning Appeals will want to review any evidence
or documents that pertain to the home being dearly theirs since the time
they have occupied the house. (i.e. , taxes, real estate assessment, physical
boundaries, neighbor understanding of L.te physical boundaries, etc.)
•
' M4•.
Scott W. Williams, Esquire
Page 2
January 30, 1979
If you have any questions, please advise.
Respectfully,
J: Benjamin Dick
Zoning Administrator
JBD/gr
cc: VA-79-05
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Inspections Department
Zoning Division
414 EAST MARKET STREET
. BENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22901 ANDREW EVANS
M/IMO ADMIw1TT/1AT0R
(804) 296-6832 •tw•OU Iwt►gCT0/.
January 8, 1979
• Legal Aid •
,,Attn: Jim McQueen
420 3rd street N.E.
Charlottesville, VA 22901
Re: Transfer of Title; Lot Owned by Walter Young
Tax Map 54, Parcel 36A(pt.of)
Dear Mr. McQueen:
Pursuant to our meeting of December 29, 1978, a lot of record that
pre-dated the Zoning Ordinance is a non-conforming lot if it is less than
• 2 acres and located in the A-I ,zone.
It is my understanding the lot in question has existed since 1963 and
an existing house is on the lot.
Section 10-1-2 of the Albemarle County Zoning Ordinance allows transfer
of titles of non-conforming lots and such does not alter the legal status
of this lot nor does it extinguish the zoning rights thereunder.
If you have any questions, please advise.
Respectfully, \). F.:.„
J. Benjamin Dick
Zoning Administrator
JBD/pms
cc: Correspondence •
CHARLOTTESVILLE-ALBEMARLE LEGAL. AID SOCIETY
♦2: 3e3 STREET. N. E.
CHARLOTTESVILLE. VIRGINIA 22901
PETER MCINTOSH
•
DIRECTOR (804) 293-3131 SARAN G^,.(ER•1 L;y
O/•.GE MihAGER
SCOTT W. WILLIAMS
SR.STAF►ATTORNEY -ALA
ATTORNEY,
EARDARA H.;RR.30,1
JAN HOSTAGE
HERBERT L. BESKIN JA T.t=3 '.I ::UEE`:
KLINETTE HUNTER
EDWARD M. WAYLAND
STEVEN D. ROSENFIELD
January 11 , 1979
J. Benjamin Dick , Zoning Administrator .
County of Albemarle
414 East Market Street
Charlottesville, Va. 22901
Re: Transfer of Title ; Lot Owned by Walter Young, Tax Map 54,
Parcel 36A (part of) .
Dear Mr. Dick:
Thank you for your letter of January 8th. Unfortunately ,
however, it does not appear to render a final answer to the problem
at hand.
Whereas the lot and house in question have existed since
1963 when the contract of sale was signed, it is not a "lot
of record" as defined by section 10-6-1 of the Albemarle County
Zoning Ordinance. The subdivision plat was neither recorded
nor approved, the lot in question also never was recorded.
I am concerned that because the property appears not to be
a "lot of record" a valid transfer of the property is not possible
at this time. If my concerns regarding this matter are correct ,
I would appreciate your informing me of the alternatives available
to the prospective buyers (e. g. , applying for a variance , etc) .
Thank you for your help.
Sincerely,
ames MacQueen
it- °‘
JMQ:jh
•
S‘"rri^ Chc:r�� :c . : and clip Co,.. 'r,•s n(
Lo�II,c1 u11.1 \ 'ison
.mac
/ OF ALD .
CP
Inspections Department
Zoning Di`iai:n
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22901
ANDREW EVANS
lON/MO
(804) 296-5032 •gM1Ow IMF►ccT011
January 12, 1979 ,
James MacQueen
420 3rd. Street, N. E.
Charlottesville, VA 22901 •
Re: Lot Owned by Walter Young, Transfer
of Title - Tax Map 54, Parcel 36A,
Part of, Zoned R-1
Dear Mr. MacQueen:
Your letter of January 11, 1979, has been received and noted.
The submittal of your latest information reveals a fact we were
not aware of and this, of course, changes the transfer of title
question that you posed.
The remedy may be accomplished in one of three ways. The land
is zoned R-1.
If no public water or sewer connections exist on the property,
your clients must have 60,000 square feet of land to have their
parcel divided off from parcel 36A. The residue of parcel 36A, if
neither public water or sewer existed, would have to be large enough
to support 60,000 square feet per dwelling unit.
If public water or public sewer exist, one or .the other, 40,000
square feet is required per unit and the same would hold true for the
residue of parcel 36A. This would be your second possibility.
Finally, a variance application could be made but only granted
on the demonstration of a legal hardship. The next Board of Zoning
•
Appeals meeting is February 13, 1979, with the deadline for filing
being January 27, 1979. The property owner or the contract purchaser
would have to apply and if the latter applies, evidence of the contract
must be provided with the application.
•
•
James MacQueen
Page 2
January 12, 1979
The catch with the variance, however, the variance being relief
from section 4-2-2 or 4-2-3, is that the 40,000 square foot/60,000
square foot provisions are also requirements of the subdivision
ordinance. Thus, the Board of Zoning Appeals could approve the
variance and the Planning Commission could refuse to waive the sub-
division requirements which by fiat defeats the Board of Zoning
Appeals positive action.
These are the remedies that I see at this time with the information
presented. If I can be of further assistance, please advise.
Respectfully,
4527.
J. Benjamin Dick
Zoning Administrator
JBD/gr
4C6: File
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CHARLOTTESVILLE-ALBEMARLE LEGAL AID SOCIETY
420 3RD STREET, N. E.
CHARLOTTESVILLE, VIRGINIA 22901
PETER MCINTOSH SARAH ACKERMAN
DIRECTOR (804) 293-5131 OFFICE MANAGER
SCOTT W. WILLIAMS FARALEGALS
SR.STAFF ATTORNEY
BARBARA HARRISON
ATTORNEYS JAN HOSTAGE
HERBERT L. BESKIN JAMES MACQUEEN
KLINETTE HUNTER
EDWARD M. WAYLAND
STEVEN D. ROSENFIELD
January 29 , 1979
Application of Roy Doss for zoning variance.
On April 24, 1963 , Ross Doss and Walter Young signed a land
sales contract which is attached to this application. According
to the terms of that contract , Mr. and Mrs . Doss agreed to purchase
a house and lot from Mr. Young. In brief, the terms of the agreement
obligated the Doss ' s to make monthly payments to Walter Young; at
the end of five years , Mr. Young was to convey title to the Doss ' s if
the Doss ' s had maintained their agreement . The contract was never
recorded. Walter Young did not transfer title to the Doss ' s in
April, 1968 . Mr. and Mrs . Doss , both now retired, have lived in the
house on that property for almost 16 years . According to the terms
of their contract , they are the owners of the lot and house . Walter
Young has agreed to execute a deed conveying title in accordance
with the contract. Theirs is a lot of record, within the meaning
of the zoning ordinance, with the exception of the technical failure
to record the subdivision plat setting forth the pertinent data
concerning the lot . Mr. and Mrs . Doss therefor ask the Board to
grant them a variance from the terms of the zoning ordinance insofar
as it requires a recording of the subdivision plat
In the alternative, and in the event the Board determines that the
Doss property is not a non-conforming lot , the Doss ' s request a
variance from the lot size requirements applicable to their zoning
district . The strict application of the zoning ordinance would effective-
ly prevent the Doss ' s taking record title to the property which has
been their home for almost 16 years . Without title to the property,
they could not make essential repairs which include insulation, window
replacemtn, and kitchen improvements and rehabilitation. During the
winter of 1977-78, the Doss ' s were unable to live in their home due
to its lack of weatherization and their advancing ages . The Doss ' s
have indicated that without the repairs , they would have to leave their
home for other housing.
The Doss ' s are informed that no other properties in the subdivision
are subject to sales contracts . Because other houses in the subdivision
Serving Charlottesville and the Counties of
Albemarle, Fluvanna, Greene, Louisa and Nelson
-2-
area are owned by their occupants , the granting of the variance
will cause no detriment to adjacent property owners nor adversely
affect the character of the area.
Respectively submitted,
ROSS DOSS,
by his attorney
Scott . Wi liams
Charlottesville-Albemarle Legal Aid Society
420 3rd Street , N.E.
Charlottesville , Virginia 22901