HomeMy WebLinkAboutVA198000016 Application 1980-04-07 $20. Permit Feed# . Application D C
Sign Erected By: Staff: (o c4
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application I , 19 ga .
MIER OF PROPERTY C i��,c �cse�t pp�r�nr•n,mn� \T� .,tl,or rh n c +r)
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Name: Cuzryi .,,2 i'. l ilifinq0 U) Wit,.4
Address: P. O . e,a-,4 S`7 b S Address:
ICJL ,� V-A - ��-�d `/ =-
Telephone: 91 7 - "? 300 Telephone: 620,2.) 44-7- e SF s
Location of Property: cid 6,1,i.,c_, a_� ,l rr ci.L&' -
Tax Map 6 / Parcel Acreage . L0
Existing Zoning 13 -'-/ District CA Vith)
Existing Use: - _ 1 .,� 0 as iTrOLU
Variance sotyht (describe briefly relief sought) :
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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.
Owner r Contract Purchaser ate
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: l3 J78 Final Decision Made: _k20,4U
The variance sought was aP ed/apf 2 roved with the following conditions:
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STAFF REPORT
VA-80-16. James L. Manley
Tax Map: 061K-05
Parcel: lA
Zoned: B-1
Existing Activity
Seven-Eleven Convenience store- presently vacant.
Proposed Variance
The applicant requests relief from section 11-7-7(21) of the Albemarle
County Zoning Ordinance to allow a laundramat facility to have 17
parking spaces; a variance of 2 spaces.
Zoning Ordinance Requirement
Laundromat: One(1) parking space for each two(2) washing machines.
Staff Recommendation
The Zoning Ordinance requires two parking spaces per washer. The
applicant could install 34 washers and meet the parking requirements.
There is 17 parking spaces available at the site. The staff does
not see a hardship and must recommend denial.
•
s, SLR
• LEASE AGREEMENT
1 1. PARTIES. This LEASE AGREEMENT is between The SOUTHLAND CORPORATION, a
James L. Manley and
Texas Corporation, herein referred to as LESSOR, and Vta132-e Inves-EmenEs.—Inc.
t, William W. Kelly , herein referred to as LESSEE.
7 2. PREMISES. LESSOR hereby leases to LESSEE and LESSEE leases from LESSOR, for the
terms and upon the terms and conditions hereinafter set forth, the hereinafter described space in
9
1'1 that certain building situated in the City of and being
11
12 commonly known as 7—Eleven #1021-11125, 2405 Hydraulic Road (State Route 743)
1:
1 ' Said building being situated•on the following described property in
1.5
1G Albemarle County, and State of Virginia to wit: t^
18 K
19 See plat hereto attached and marked Exhibit A, subject property outlined ` '
2 in red.
of1 -,- __/
22 INITIA!
2
• 2�; 1 K.
27 '3 SSOR agrees that it will cause the s ce hereir�ented— o be con U/,iy
c1
2'. structed, outfitted and equipped, dl su;3mLrrxii� —TO th specifications attached hereto
.'ll and made „^ w ic1ihave been initialled and approve y t —parties.
31 4. TERM. The term of this lease shall commence on the first day of June ;.,,l;;`-L
32
•1:: 19 80 , and shall continue for a period of_One (1) years thereafter,unless sooner terminated
311 or extended as hereinafter provided. Should LESSEE actually take possession of the demised
— •
35 premises en other than the first day of a calendar month, LESSEE agrees to pay a proportionate
36 part of the monthly rental herein provided for that month only.
37
38 5. RENT. LESSEE agrees to pay to LESSOR or its designee a rental of Twelve Hundred
39
40 fifty & no110611ars ($__1,.259._Q0 ) per month for each and every month during the term of
41 this lease,such monthly rental to be paid in advance on or before the fifth day of each calendar
42
43 month. LESSOR acknowledges receipt of the sum of Fifteen Hundred & no/100----dollars
44 a1,500.00 ) in payment of the rent due for the first month and the balance as a deposit to
• - 45 secure performance of this lease,which balance shall be applied to the last month's rental here-
° 46 under.
47
48 6. USE. The demised premises are to be used
19-
50 and for no other purpose whatsoever. LESSEE shall at its own cost and
51 expense obtain any and all licenses and permits necessary for such use.
52
'-c 7. UTILITIES. LESSEE agrees to pay, before delinquency, all charges for gas, electricity
54 and water used by it. '
55
56 8. TAXES. LESSOR agrees to pay or cause to be paid all taxes levied against the land and •
' 57 • the building and improvements situated thereon. LESSEE agrees to pay all taxes levied upon
58 personal property, including trade fixtures and inventory,kept on the leased premises by LESSEE.
59
60 9. MAINTENANCE. LESSOR agrees to maintain or cause to be maintained the structural
61 soundness of the building. LESSEE agrees to take good care of the property and its fixtures, to
62 suffer no waste, and to.keep both the interior and exterior of the building in good repair, includ-
63 ing the roof, plumbing, electrical wiring, air conditioning and heating equipment, and to be re-
61 sponsible for all glass.
65
66 10. ALTERATIONS. LESSEE shall not make any alterations, additions or improvements,
67 including any sign, marquee, or awning, without securing LESSOR'S written consent. Any such
6,' alterations,additions or improvei:•ents shall be made by LESSEE in a good workmanlike manner
v'.l without cost to LESSOR. All alterations, additions or improvements shall become the property of
LESSOR; however, on written notice to LESSEE prior to the expiration of this lease LESSEE
71 agrees to remove said alterations, additions, or improvements and to restore the premises to their
72 original condition, at LESSEE'S expense.
7:,
( • 74 11. TRADE AND OTHER FIXTURES. LESSEE may install or cause to be installed such
75 equipment and trade or other fixtures as are reasonably necessary for the operation of its busi-
7n ness. Such equipment and trade or other fixtures shall remain personal property.
77
' 78 12. CASUALTY DAMAGE. Upon the occurrence of any casualty or peril, LESSEE shall give
• 79 immediate notice to LESSOR. If, in the opinion of LESSOR,•the leased premises are rendered sub-
80 stantially unfit for occupancy or use by any casualty or peril or the LESSOR shall decide to build
R1 'or remodel said premises, this lease shall cease and rent shall abate from the occurrence of such _
82 casualty or vacation of the premises, whichever is later.If,in the opinion of LESSOR, the leased
• Page 1
form 1400023(RE-5)
Pane I of 2
SINge
I rental equal to the rent paid for the last month of the term of this lease plus twenty per cent
(20%) of such amount.
1 22. COMPLETE AGREEMENT.This lease contains a complete expression of the agreement
between the parties and there are no promises, representations or inducements except such as are
6 herein, provided.
S 23. NOTICES. Any notices required or permitted hereunder shall be in writing and delivered
either in person to the other party or the other party's authorized agent, or by United States Cer-
ii. tified Mail,Return Receipt Requested, postage fully prepaid, to the addressee set forth hereinafter,
11 or to such other address as either'party may designate in writing and deliver as herein provided.
12
1;
it LESSOR:
1 ; THE SOUTHLAND CORPORATION
h1 Attn: Director of Property
1 7 2828 North Haskell Avenue
IS Dallas, Texas 75221
• 19
2c0 LESSEE:
•
21 James L. Manley and William W. Kelly ..''i
"= Vi-alo-le-Frtveatmerrts;-Errs
2:1 P.O. Box 5765
21 • Charlottesville, Va. 22905
2';
2' 24. Lessor agrees to replace ceiling and floor tile only in the general
2S areas where needed, and to have the heating and air conditioning working
—••1 properly.
U:i
8,1
_ 82 25. OPTION TO PURCHASE.
33 A. Lessor agrees that Lessee shall have and is hereby granted an option
:11 to purchase the leased premises at the expiration, if s
';i; a sa d° o }sr leas 8(' fi Vi'e8`�'orty-five .r
$ -=- 1 arty(fe%nsion thereof, for Crr�FiII3cTreZ'-TM-1.77="%.
37 1 = �vl�ar5-(S 36; 7-00). Lessee may exercise this
:,a option to purchase at anytime within twenty days prior to the day of
39 expiration, or sooner, by giving written notice to Lessor. A contract 1
40 of sale shall be executed by the parties and title closed within a reasonable
• • 441 time thereafter. Should such reasonable time extend beyond said expiration
,� date of lease, this lease and all of it's terms and conditions shall
4t automatically be extended until closing. Rent is to be apportioned to
4r, date of closing.
46 'B. This option to purchase is contingent upon the Seller (The Southland
47 Corporation) being able to obtain a release of the subject property from
IS the mortgage which presently encumbers the property. In order for the
...(i Seller to obtain the required mortgage release, it will be necessary for
5; Seller to request and obtain the consent of various parties over whom
52 Seller has no control. Seller also recognizes that time is of the essence
53 in obtaining this release and shall diligently 51 g y pursue same.
:IC 26. This agreement merges all prior negotiations and understandings
57 between the parties and constitutes their entire contract which is binding
SS upon the Lessee and the heirs, executors, administrators, successors and
59 assigns of Lessee when executed by Lessee, and is binding upon Lessor,
(10 its successors and assigns, only when executed by a Vice-President of
fit •
6,' Lessor, regardless of any written or verbal representation of any agent,
(;,; manager or other employee of Lessor to the contrary.
61
6-; /
6; *Purchasers and Seller agree that Century 21 Manley Associates, 1,nc. ,
t;s James L. Manley, Broker, was the sole procuring cause of this :C.ntract
69 of Purchase, and Seller agrees to pay Realtor for services rersd=red a
79 cash fee of six (6) percent of the purchase price.
71
7.
7:;
71 EXECUTED by LESSOR this day of , 19 1 .
7r TIIE SOUTHLAND CORPORATION
„
7S By
19 �
(:cal)
�
Si) EXECUTED by LESSEE this / , day of' , 19 •
81
,I
form 4400023 Page 3 i -
P•ue 7 0l 2
i
premises are not thereby rendered substantially `.m occupancy or use, LESSOR shall promptly
and diligently cause the damage to be repaired.
•
13. LIABILITY INSURANCE — HOLD iEi-` ESS. LESSOR shall not be liable to LES-
SEE or LESSEE'S employees, patrons or visit any damage to persons or property caused
by any action, omission or negligence of LESS 1 LESSEE agrees to hold LESSOR harmless
from all claims for any such damage; nor shall I..' be liable for any damage to persons or prop-
erty due to the building or any part or appurtenit ,'reof being improperly constructed, or being
or becoming out or repair, and LESSEE accepts mises as suitable for the purposes for which
the same are leased, and accepts the said buildi : : • and ^very appurtenance thereof and
waives defects therein.
LESSEE agrees at LESSEE'S expP,..,e to maintain in force continuously throughout the term
of this lease public liability insurance covering the leased premises, with limits of 300,000 for
- death or injury to one person, _300,000 for death or injury to more than one person and
_300,000 for property damage, and shall forthwith furnish LESSOR a certificate by the
insurer that such insurance is in force and naming LESSOR as an additional insured.
14. ( )MPLIANCE WITH LAWS. LESSEE agrees to promptly comply with all applicable and
• valid lava ,,rdinances and regulations of Federal, State, County, Municipal or other lawful autho-
rity pertaining to the use and occupancy of the leased premises.
15. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign this lease or.allow the
same to be assigned by operation of law or otherwise or sublet said premises or any part thereof
or use or permit same to be used for any purpose other than as above specified, without LES- t"
SOR'S prior written consent. Any such assignment or sublease shall be subject to all of the terms i
and conditions of this lease and LESSEE shall remain primarily liable for the payment of the rent
and the performance of all of the terms and conditions. Lessees have right to sublease
to Viable Investments, Inc. , a corporation wholly owned byWilliam W. Kelly*
16. BANKRUPTCY. Should LESSEE make an assignment Tor benefit o creditors, or be
{ adjudicated bankrupt, such action shall constitute a breach of this lease for which LESSOR, at its
option, may terminate all rights of LESSEE under this lease.
•
17. EMINENT DOMAIN. If all or any part of the leased premises is taken under the power
of eminent domain or conveyed under threat of condemnation proceedings and LESSOR shall
i determine that the remainder is inadequate or unsatisfactory for the purposes of this lease, which
•11`= determination shall not be arbitrarily or capriciously made, then this lease shall terminate effec-
tive as of the date LESSEE is required to give up the right to occupy or use the premises. LES-
41':2. SEE shall have no right to make any claim against LESSOR because of such termination.
43
4 i 18. ATTORNEY'S FEES. If suit is brought to enforce any covenant of this lease or for the
breach of any covenant or condition herein contained, the parties hereto agree that the losing
1 ; party shall pay to the prevailing party a reasonable attorneys' fee, which shall be fixed by the
47 court, and court costs.
15
1!i 19. DEFAULT. In case of default by the LESSEE in any of the covenants on its part here-
r10 in contained, LESSOR may enforce performance of this lease in any manner provided by law,
1 or, at the option of the LESSOR, this lease may be forfeited in the event any such default con-
52 tinues for a period of twenty :20) days after LESSOR notifies the LESSEE •of such defaults
5 1 and of LESSOR'S intention to declare the lease forfeited, and upon the expiration of said twenty
51 (20) day period (unless LESSEE shall have within such period commenced the removal of such
55 default and thereafter shall proceed with due diligence until the default complained of has been
56 removed or cured) this lease shall cease and come to an end as if that were the day originally
57 fixed for the expiration of the term thereof, and LESSOR'S agent or attorney shall have the
% right without further notice or demand to re-enter and remove all persons from the premises
!Ti; without being deemed guilty of any manner of trespass and without prejudice to any remedies for
6(f arrears of rent or breach of covenant, or LESSOR'S agent or attorney may resume possession
(i1 of the premises and relet the same for the remainder of the term at the best rental such agent or
62 attorney may obtain for the account of the LESSEE, who shall pay to the LESSOR any deficiency,
4 and LESSOR shall have a lien as security for the rent reserved upon all the goods, wares, chat-
tels, implements, machinery, equipment, fixtures, tools and other personal property belonging
6:) to LESSEE which are or may be put upon the leased premises.
In the event LESSOR shall default in the performance of any of the terms or provisions of
67 this lease, LESSEE shall promptly so notify LESSOR in writing. If LESSOR shall fail to cure
(''^ such default within twenty (20) days after receipt of such notice, or if the default is of such
6;f character as to require more than twenty days to cure and LESSOR shall fail to commence to do
70 so within twenty (20) days after receipt of such notice and thereafter diligently proceed to cure
71 such default, then in either event LESSEE may cure such default and such expense shall be
7: deducted from the rent otherwise due, but any such default shall not work as a forfeiture of this
7:; lease.
7.1
75 20. LEASE OR SUBLEASE. If this lease is in fact a sublease, LESSEE accepts this lease sub-
7 6 ject to all of the terms and conditions of the underlying lease under which LESSOR holds the
77 leased premises as LESSEE. LESSEE covenants that it will do no act or thing which shall con-
stitute a violation by LESSOR of its obligations under such underlying lease.
80 21. HOLDING OVER. Should LESSEE hold over the leased premises, or any part thereof,
81 after the expiration of the term of this lease, unless otherwise agreed in writing, such holding
82 over shall constitute and be construed as a tenancy from month to month only, at a monthly
Page 2
*and James L. Manley, without lessor' s prior written consent.
4,
err' 'give
1 rental equal to the rent paid for the last month of the term of this lease plus twenty per cent
(20%) of such amount.
22. COMPLETE AGREEMENT. This lease contains a complete expression of the agreement
between the parties and there are no promises, representations or inducements except such as are
6 herein provided.
f� 23. NOTICES. Any notices required or permitted hereunder shall be in writing and delivered
ct either in person to the other party or the other party's authorized agent, or by United States Cer-
iI) tified Mail, Return Receipt Requested, postage fully prepaid, to the addressee set forth hereinafter,
11 or to such other address as either party may designate in writing and deliver as herein provided.
12
1)
1-1 LESSOR:
15 THE SOUTHLAND CORPORATION
16 Attn: Director of Property '
17 2828 North Haskell Avenue
18 Dallas, Texas 75221
19 f
20 LESSEE: , ,
21 James L. Manley and William W. Kelly v'/
22 Viable-fnveetmezrt-s, Ili L.
93 P.O. Box 5765
21 Charlottesville, Va. 22905
26
27 24. Lessor agrees to replace ceiling and floor tile only in the genera �r
28 areas where needed, and to have the heating and air conditioning working fr
2:1 properly.
31 f MTIAL
32 25. OPTION TO PURCHASE.
33 A. Lessor agrees that Lessee shall have and is hereby granted an option
61 to purchase the leased premises at the expiration, if f
3 �$e $' c re8 Forty_f ive 1,6i
., e term o t�lis leas y nsion thereof, for 6 �ffffdYre�c-Tfirft—six
'igu�s ie- - rs l ars-(-$.i§ErT tt70'01 . Lessee may exercise this37
a �
38 option to purchase at anytime within twenty days prior to the day of
39 expiration, or sooner, by giving written notice to Lessor. A contract
40 of sale shall be executed by the parties and title closed within a reasonable
11 time thereafter. Should such reasonable time extend beyond said expiration
2 date of lease, this lease and all of it's terms and conditions shall
4'1 automatically be extended until closing. Rent is to be apportioned Y to
45 date of closing.
46 B. This option to purchase is contingent upon the Seller (The Southland I
47 Corporation) being able to obtain a release of the subject property from
18 the mortgage which presently encumbers the property. In order for the
40 Seller to obtain the required mortgage release, it will be necessary for
57-Th
51 Seller to request and obtain the consent of various parties over whom
52 Seller has no control. Seller also recognizes that time is of the essence
ro 00 in obtaining this release and shall diligently pursue same.
54 I INl 1 L
56 56 26. This agreement merges all prior negotiations and understandings
i7 between'the parties and constitutes their entire contract which is binding
58 upon the Lessee and the heirs, executors, administrators, successors and
59 assigns of Lessee when executed by Lessee, and is binding upon Lessor,
60 its successors and assigns, only when executed by a Vice-President of r
t �1-
6
2 Lessor, regardless of any written or verbal representation of any agent,
63 manager or other employee of Lessor to the contrary.
tit '�
65
6
ti'7 7 *Purchasers and Seller agree that Century 21 Manley Associate c •
68 James L. Manley, Broker, was the sole procuring cause of this Contrast `
69 of Purchase, and Seller agrees to pay Realtor for services rendered a
70 cash fee of six (6) percent of the purchase price.
71
72
7n
7.1 EXECUTED by LESSOR this day of , 19
76 76 THE SOUTHLAND CORPORATION
77
78 By (Seal)
80 EXECUTED by LESSEE this81 d,ay of ` , 19 c-
8., o� /LJ (Seal)
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CERT'FI 0 f0 6 CC RREC T AND ACCURATE 111
INITIAL
" AS BUILT ' PLAN OF
7- ELEVEN FOOD STORE ON STATE RT.
+ LTNps,P4 743 ( HYDRAULIC ROAD ) AF''r'ROX. 100' WEST OF
Q 'I?CL'INGLEWOOD DRIVE , ALBEMARLE COUNTY, VA.
' 7- ELEVEN FOO STORc S
0 O. R. RANDOLPH y SCALE . I"=30' D 'N G. No,
�? CERTIFICATE No. 0. R. R A N D O L P H
54.17.3(10394 A . DATE: 8-20-69 ENGINEER _
�4) 54173(b)31 I OWN BY: M.C.ri. CHARLOTTESVILLE `�7 80
'44 Nns�� CKC.SY Fi.0.r�, VIRGINIA
REVISED REMAR6S