HomeMy WebLinkAboutVA198100041 Application 1981-06-25 THIS IS TO CERTIFY THAT ON J L. NE I 9 , 19 8 , I SURVEYED THE PROPERTY SHOWN ON
THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE SHOWN HEREON.
ARTHUR F. EDWARDS , C
CERTIFICATE NO. 1170
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PHYSICAL SURVEY SHOWING
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BR IA RWOOD
S c a l e 1 „ : 2 0 ' ALBEMARLE COUNT Y , VIRGINIA June 1 9 , 1 9 8 1
B. AUBREY HUFFMAN & ASSOCIATES, LTD.
CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING
CHARLOTTESVILLE. VIRGINIA
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20 Permit Fee V Application No. J l - / '
Sign Erected By: — _ Staff: (55V1600 __
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832 1 1
•Date of Application June 25 , 19 81 _
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: R. D. Wade Builder, Inc. (Contract Name:
— -- —PiirMaser)
Address: P. 0. Box 1288 Address:
Charlottesville, Virginia 22902
Telephone: (804) 973-784.1_ Telephone:
Location of Property: _Lot 93, Sectis 2; Briarwood Subdivision )0Cd4(34
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Tax Map —r 32 1 Parcel 1, part of Acreage
Existing Zoning PRD ` R-4 District Rivanna
Existing Use: Single Family Dwelling (unoccupied �__ ,
Variance sought: (describe briefly relief sought) :
Sec. 19.8 20' minimum between structures - need variance of 4.75 feet __,___.
S .a 5 -h oee r\ s -T3�t u:tic �—
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Sec. 91:.9-:-2. 30' front set back dwelling line - need variance of 2.15 feet j
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I hereby certify that the foregoing information is true and correct to he best of my
knowledge and belief and that I am the owner named above.
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Applicant -Date-
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F`U 07VICE tMl: UNLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
______*'gx.771,eel-- ; Al° -- ___ •
Date of Hearing: Final Decision Made:
The variance sotait wac3 denied/approved with the following canditiot�s:
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L.JIMti.:- -..i_- ," .- lltrAt= RIVANNA DISTRICT SECTION 32 E
- ALBEMARLE COUNTY
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—"" RIVANNA DISTRICT SECTION 32E
STAFF REPORT
VA-81-41 . R. D. Wade Builder, Inc.
Tax Map: 032E
Parcel : 1 , part of
Zoned: PRD/R-4
Existing Activity
Single Family Dwelling (unoccupied)
Proposed Variance
The applicant requests relief from Section 19.8 of the Albemarle County
Zoning Ordinance to allow two structures to be located 15.25 feet betwe n
structures; a variance of 4.75 feet. The applicant also requests relief
from Section 19.9.2 to allow a structure to be located 27.85 feet from
the front property line; a variance of 2. 15 feet.
Zoning Ordinance Requirement
Pursuant to Section 19.8, there shall be a minimum of twenty (20) feet
between structures; provided that this provision shall not apply to
structures built to a common wall . Pursuant to Section 19.9.2, within
the PRD district, the board of supervisors shall establish minimum
setback and yard requirements at time of establishment of such district.
Staff Recommendations
During construction, a property iron was covered and measurements were
taken from another iron. The staff recommends approval of the variance
1
%1181 `rrr✓
THIS AGREEMENT, made this 28th day of February, 1980 ,
by and among WOODBRIAR ASSOCIATES, a New York limited partnership,
("Woodbriar" ) of the first part, WENDELL W. WOOD, ( "Wood" ) of
the second part, R. D. WADE BUILDER, INC. , a Virginia corpora-
tion, ( "Builder" ) of the third part, and RANDOLPH D. WADE,
("Wade" ) of the fourth part, provides :
Factual Background. Woodbriar has entered into a contract
for the purchase from S-V Associates ( ' S-V" ) of a tract of land
known as "Briarwood" , fronting on U. S . Route 29 , situate in
Albemarle County, Virginia, and hereinafter referred to as the
"Property" , being more particularly described as a portion of
Parcel in a deed from Wendell W. Wood, et al . , to S-V of
record in the Clerk' s Office of the Circuit Court of Albemarle
County, Virginia in Deed Book 659 , at page 274 .
Annexed hereto as Exhibit A is a preliminary development pl' n
subdividing the Property into 661 lots , prepared by Robert B.
McKee and dated
Woodbriar desires to sell all of the subdivision lots of the
Property to Builder, and Builder desires to purchase all of the
attached subdivision lots of the Property from Woodbriar in order,'
to construct houses thereon.
Wood, as the general partner of Woodbriar, and Wade, as the
Principal of Builder desire to individually join in this Agree-
ment.
NOW, THEREFORE, for and in consideration of the premises an ,
the mutual promises set forth herein , the parties agree as follo S :
Now, ,41.1100
1. Sellers ' Obligations
1. 1 Woodbriar and Wood shall proceed in good faith and
in a timely manner to subdivide the Property substantially in 1,
accordance with the annexed preliminary development plan into lots
suitable for and qualified for the issuance of building permits by
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the appropriate governmental authorities for the construction of ' 1
single-family, attached dwellings. Woodbriar and Wood shall
pay all costs incurred in conjunction with all necessary site pl ns
and subdivision approvals and shall meet all requirements impose
and obtain all approvals required by local , state and federal laws .
Each subdivided lot shall be surveyed and staked off.
1 . 2 Woodbriar and Wood shall install, at their expense ,
public sewer and water lines and underground electricity to the
boundary of each subdivided lot,
1. 3 Woodbriar and Wood shall construct all roads within
the Property. All roads shall be built to the Virginia Department
of Highways' standards and shall be dedicated to public use for
acceptance into the state road system at the earliest possible date .
If such relevant roads are not completed at time of recordation of
the pertinent subdivision plats , adequate completion bonds shall be
posted by Woodbriar and Wood. Woodbriar shall provide at its own
expense a decorative entrance way to the Property from U. S.
Route 29 , and shall take into consideration design suggestions
made by Builder.
1. 4 Woodbriar shall sell all subdivided lots within
the Property to the Builder.
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1. 5 Wood and Woodbriar agree to phase their develop-
ment of the subdivision so as to maintain an inventory
of at least twenty-five developed lots ahead of closings at all
times .
2. Purchasers ' Obligations
2 . 1 Builder and Wade, or one of them, shall purchase
all subdivided lots within the Property from Woodbriar at the
prices computed in accordance with Paragraph 6 hereof, subject
to the conditions contained herein and on the following schedule : !
Twelve Month Periods Commencing
Number of Lots as Defined in Paragraph 2 . 2
75 1st
75 2nd
50 For each period thereafter
In the event that Builder purchases more than the
required number of lots in any twelve month period, Builder' s
Purchases in excess of the required number shall be credited to
Builder' s obligation in future periods .
2. 2 Builder and Wade , or one of them, shall commence
construction of houses on the Property as soon as Woodbriar has 25
lots ready for construction of houses. The date such first 25
lots are ready for the construction of houses shall be the commence-
ment date of the First Twelve Month Period.
2. 3 After the completion of the first 25 lots, •
Builder and Wade, or one of them, will commence an active progra of
contruction of single family attached residences and will utiliz:
their best efforts to construct and market residences in order to
meet with time schedule for lot purchases . Builder shall have
sole discretion to determine sale prices of the residences.
3. Termination of Agreement
The obligations of Builder and Wade shall terminate u I
either the death of Wade or the incapacity of Wade (to the degre
that a committee or other ficuciary has been appointed for him) at
the option of Wade ' s personal representative or committee, by
written notice to Woodbriar and Wood from Wade ' s personal
representative or committee within sixty days after Wade ' s deat
or incapacity.
4 . Sale Price
The base sales price for each single family attached
lot within the Property shall be $5, 750 . 00 apiece. The base sale
price per lot shall be subject to specific adjustments and shall;
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be increased by the following :
(a) an amount ascertained by the accrual of
interest on the base sales price of each pa ,t ' cu-
lar lot at the rate of 10% per annum, com-
pounded annually, commencing from the date
of the first closing on the initial lot (s)
until the date of closing of each subsequent ';
1
lot; and
-(b) an amount equal to the prorated real estate
taxes on each particular lot from the date
that particular lot is capable of being
approved for a building permit until the
actual closing.
5 . Conveyances
5 . 1 Woodbriar shall convey the lots to Builder, or i.i.
assigns, pursuant to the above schedule . The deeds shall be pr -
1
pared by Woodbriar' s attorneys and shall contain the usual general
warranty and English covenants of title. Conveyance shall be made
of marketable and insurable title free and clear of any title
defects. i
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5. 2 The Property shall be conveyed subject to existing .
utility easements and those additional easements as are necessary
to develop and serve the Property. Settlement shall be made at
the offices of Stuart F. Carwile , A Professional Corporation, i00
East High Street, Charlottesville, Virginia. Woodbriar shall pay
the applicable seller' s deed tax.
6. Arbitration
6. 1 All disputes or claims arising between the parties
under this Agreement shall be determined and finally resolved y
binding arbitration pursuant to the rules of the American Arbi ra-
tion Association, to the extent that those rules do not confli
with the provisions contained herein. Any party may invoke th
arbitration procedure upon giving the other party thirty days
written notice of intent to arbitrate the dispute or claim. Before
the expiration of said thirty days, Woodbriar and Wood shall jointly
appoint one arbitrator, and Builder and Wade shall jointly appoint
one arbitrator; and the two arbitrators shall, within ten days of
their appointment, appoint a third arbitrator. All arbitrators
shall be attorneys who are members of the Charlottesville-Albemarle
Bar Association. The arbitrators shall set a hearing date no
I
later than thirty days after the appointment of the third arbitrator.
6 . 2 All parties shall be bound by the majority decision
of the arbitrators made at the hearing after the taking of evi ence.
The arbitrators may assess the cost or arbitration, including
i
1110,4
attorneys ' fees of the parties , against either party or may
divide such costs between the parties.
7 . Realtor
All parties represent and acknowledge that no
real estate broker or agent procured this Agreement .
8. Entire Agreement
8. 1 This Agreement constitutes the entire contract
between the parties and may not be modified or changed except by
written instrument executed by all of the parties.,
8. 2 With the exception of the arbitration provisions
contained herein, this Agreement shall be construed, interpreted
and applied according to the laws of the State of Virginia.
This Agreement shall be binding upon and shall inure to the ben it
of the heirs, personal representatives, successors and assigns
the parties.
WITNESS the following signatures and seals .
PARTY OF THE FIRST PART:
WOODBRIAR ASSOCIATES,
a New York limited partnership
By
I s Genera Partner
PARTY OF THE SECOND PART:
(SEAL)
Wende 1 W. Wood
PARTY OF THE THIRD PART:
R. D. WADE BUILDER, INC.
1
By 1 t 2-z f1(� "llL C'c<<_<_
President
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PARTY OF THE FOURTH PART:
/, Y ( (SEAL)
Randolph D. Wade
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this b
day of February, 1980, by Wendell W. Wood, as general partner or
Woodbriar Associates.
My commission expires: 'j'- ,3- ye) //
Notary Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this
day of February, 1980, by Wendell W. Wood.
My commission expires: 43- ‘7.93-1d /�
'
Notay Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit: +�
The foregoing instrument was acknowledged before me this ,' G
day of February, 1980, by Randolph D. Wade , as President of R. D
Wade Builder, Inc.
My commission expires: 4- 73-4U //
ram '
Notary Public
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this
day of February, 1980, by Randolph D. Wade.
My commission expires : ,
Notary?' Public
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