HomeMy WebLinkAboutVA197900076 Application 1979-10-15 tier+'
STAFF REPORT
VA-79-76. Douglas W. Shaw
Tax Map: 61
Parcel : 29C, part of (Lot #4)
Zoned: R-3
Existing Activity
Vacant lot
Proposed Variance
The applicant requests relief from section 6-5-1 of the Albemarle County
Zoning Ordinance to allow a quadriplex to be located 5 feet from the
side property line; a variance of 5 feet.
Zoning Ordinance Requirements
The minimum side yard for each main structure shall be ten (10) feet or
more, except that the side yard for main structures thirty-five (35)
feet or more in height, shall be increased one (1 ) foot or more for each
additional foot of building height over thirty-five (35) feet up to a
maximum required side yard which shall be not more than fifty (50) feet.
For a two-family dwelling or structure containing townhouses, the side
yard shall be ten (10) feet or more at each end of each structure. In
any case in which there is more than one main structure other than town-
houses on any parcel , there shall be a minimum of twenty (20) feet between
such main structures. (Amended 3/29/78)
Staff Recommendation
Staff recommends denial unless the applicant can show demonstrable hard-
ship, because of the size of the building. The applicant could design a
smaller size building to fit the lot and meet the side property line
setback requirements.
$20. ' Permit Fee �a...4_ ApPiication No:f - 7 cl- 76
Sign Erected By: Staff:
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application 2 , 19 7( .
OWNER OF OCCUPANT (If other than owner)
Name: r LC Z6) �} AGc_ t Name:
Address: d)l //ci IV P U . �,s s "Address:
2306
gocF I 77-73OO
Telephone: ,S - 3 2 U a - lam ` Telephone:
i J
Location of Property: tvo
Zd X X 251/
Tax Map 6n 1 - 2 9' e o oh Parcel to / �� Acreage =4zrvx /55,124
Existing Zoning /& District
Existing Use:
Variance sought (describe briefly relief sought) :
—
t2(e.4-4-<1 )( • 1 1`4 4477/ iCen-t-k c_12A.k — 5-- /
aiLie L L. 1
S;-cam
j- U - 4.4 412
.
I hereby certify that the foregoing information is r 7P and correct to best of my
knowledge and belief &d that I am the owner named above.
ee4j ) 9
garner' Contract Purchaser Da e
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
1
Date of Hearing: Final Decision Made:
The variance sought was denied/approved with the following conditions:
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit:#
}
I. V VIRGINIA ASSOCIATION OF REALTORS®
CONTRACT OF PURCHASE , .
V,RGiMA ASSCY-1 'iVN OF REALTORS® (This is a legally binding contract;if not understood,seek competent advice before signing.) EALTOR'
This CONTRACT OF PURCHASE made as of October 22 , 19 79
among Charles W. Hurt (herein called "Seller"),
and Douglas W. Shaw & Sharon M. Shaw (herein called"Purchaser"),
and Century 21 - Manley Assoc. , Inc. and Virginia Land Co. _(herein called "REALTOR®"),
provides that Purchaser agrees to buy through REALTOR®, as agent for Seller, and Seller agrees to sell the following described real
estate, and all improvements thereon, located in the County of Albemarle , Virginia (all herein called
"the property" :
County Flap #61-29C Lot #4 as numbered starting from Greenbrier Drive.
, and more commonly known as Greenbrier Whitewood Drive (street address).
/�F 1. The f the property is
L-t- Dollars ), and such e s all be paid as follows:
�;', y V.A. Loan at prevailing rate for 30 years to be financed along with
building to be built on the property.
2. If F.H.A. financing will be sought by Purchaser in connection with this transaction, subparagraph 2(a)on the reverse hereof is added
as an amendment to the Contract of Purchase if such subparagraph is completed and is executed by Seller and Purchaser. If V.A.i financing
will be sought by Purchaser in connection with this transaction, subparagraph 2(b) on-the reverse hereof is added as an amendment to this
Contract of Purchase if such subparagraph is executed by Seller and Purchaser. If Purchaser will assume a V.A. direct, guaranteed, or in-
sured loan on the property, subparagraph 2(c) on the reverse hereof is added as an amendment to this Contract of Purchase if such sub-
paragraph is executed by Seller and Purchaser.
3. If a lender making any loan described in paragraph 1 of this Contract of Purchase requires any discount fee as a condition of
making such loan, such discount fee in an amount not exceeding _15L per cent of such loan shall be paid by Seller.
4. Purchaser had made a deposit of Five hundred and no/100 -Dollars ($ 500. 00 )
by note' (method) with REALTOR®, receipt of which is hereby acknowledged, and such deposit shall be held
by REALTOR® in escrow until the date of settlement and then applied to the purchase price, or returned to Purchaser if the title to the
property is not marketable.
5. Seller agrees to convey the property to Purchaser by general warranty deed with the usual English covenants of title and free and
clear from all encumbrances, tenancies, liens (for taxes or otherwise), except as may be otherwise provided above, but subject to applicable
easements and restrictive covenants of record not adversely affecting the use of the property. Seller further agrees to pay the expenses
of preparing the deed and of the recordation tax applicable to grantors aid agrees to deliver possession of the property to Purchaser on the
date of settlement or on or before February 1, , 19 80
6. Settlement shall be made at the offices of REAI_TOR® or at _ Attorney' s_ Office on or
before _February 1, , IOU . or as soon thereafter as title can be examined and necessary documents prepared,
with allowance of a reasonable time for Seller to correct any title defects reported by the title examiner.
7. All taxes. interest, rent, and F.H.A. or similar escrow deposits,if any, shall be prorated as of the date of settlement.
8. All risk of loss or damage to the property by fire, windstorm, casualty, or other cause is a,sumed by Seller until possession of the
property is delivered to Purchaser. i
9. Seller and Purchaser agree that REALTOR® was the sole procuring cause of this Contract of Purchase, and Seller agree to pay
REALTOR® for services rendered a cash fee of 10%_ per cent of the purchase price. If either Seller or Purchaser defaults under
this Contract of Purchase, such defaulting party shall be liable for the cash fee of REALTOR , and any expenses incurred by the non-de-
faulting party, including attorneys' fees, in connection with this transaction and the enforcement of such Contract. Also, if Purchaser
defaults under this Contract of Purchase, any deposit made by Purchaser shall be applied to any expenses incurred by REALTOR® in
connection with this transaction, and the balance of such deposit shall be divided equally between Seller and REALTOR®. Payment of a
real estate broker's commission as the result of a transaction relating to the property, which occurs subsequent to a default under this
Contract of Purchase, shall not relieve the defaulting party of liability for the cash fee of REALTOR® and any expenses incurred by
the n,on-defaulting party.
E
'2 This contract is conditioned u on the urchaser' s abilit to obtain a V.A.
,lilLoan commitment in the amount of plus the cost of the building
to be built on the subject property. If the purchaser is not able to obtain
said loan commitment within 60 days of zoning approval, this contract can
be terminated by purchaser or seller. Closing on lot will coincide with
closing of V.A. Loan. This contra t ' s Su jeGt to side va ie e being
given to accomod e bui di g.
11 C7
az-74 •
10. Purchaser represents that an inspection satisfactory to Purchaser has been made of the property, and Purchaser agrees to accept
the property in its present condition except as may be otherwise provided in the description of the property above.
11. This Contract of Purchase constitutes the entire agreement among the parties and may not he modified or changed except by written
instrument executed by all of the parties, including REALTOR®.
12. This Contract of Purchase shall be construed, interpreted, and applied according to the law of Virginia, and it shall be binding
upon and shall inure to the benefit of the heirs, personal representatives,successors, assigns of the parties.
WITNESS the followingng duly author' d sig ores and seals: •
~���^v►'Z-- `�/1 E E ALL COPIES BEFORE NG BWj�
(SEAL) c (SEAL)
Seller Purchaser
(SEAL) (SEAL)
Seller Purchaser
Century 21 - Manley Assoc.., II1C.1 (SEAL)
REALTOR® Doug Shaw
(The foregoing form may be used only by members in good standing of the Virginia Association of REALTORS®. Expressly prohibited
are the duplication or reproduction of such form, or the use of the name "Virginia Association of REALTORS®" in connection with any
written form, without the prior written consent of the V_if ginia Associa ion of RE ,�/C
`ALTORS®.)
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