HomeMy WebLinkAboutVA198200008 Application 1982-01-07 *401
$20. Permit Fee • ( 1 Application No. V--ip‘
Sign Erected By: Staff: OkA\Olt,6
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application AN U ARJ "I , 19 $a,, .
OWNER OF PROPERTY ` 1 `1 OCCUPANT (If other than owner)
Name: O . CI- ar\eS W. tLr Name: .)cace-Ioe1\ �►.l1retzpck'‘se S
Address: 1650 Skake 1-Agml e),,\e ua Address: '� p C, A. 19 bl?
r`Ake V..\ AW90 1 ac‘‹. �buA-1.1 � �e •
Telephone: Telephone: 1•/So o -33'4-oe/
g1ct . - 3.f
Location of Property: Ro� � aSo g,N 6e r R\ CI
SC)O+ P e Ova fSt- 2 0 1cm o , kIk,C\t"
Tax Map - 7 Parcel 1'] G Acreage , G.c ,-±(0)(CQ
Existing Zoning C-1 District R;vA N N A
Existing Use: Vac_g\a 14cl
Variance sought (describe briefly relief sought) :
5- f � ��� �,G.t � - lw . ) Arri AL ( 5t
1\ .k+� .�- 1 S( I 5� S�r C fcce
(The., 3`PP I►cam r\4 rem ue s�tS ref\e Vro - €anon I,1.I o -Ake A tbenart�
Zcaro,n Ordtrrarlc, f o 0.ktc a {r-ce-Artock - bu5 -Ne 5`J r1 }<� tat (OC,a t eci 5 r
T rc rr-t-he. h�c�i�� rksNO-0c-w , v Art c ce.. c�`�- ceet- . A 66 apvA1tVrZt
r�1�e4 from 5e.c.+fo,'1i15 .le � a_�t iow a. ees\arNd, ..o s%%,--, c c.- E
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t1J.s�s o� 1-3 5 c.� " e e t ; & J 3r‘'Once, c C _8 51. fe€J .
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.
•
I/a&
App cant Date
/400 -33V-o67
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: /, /� 19 2— Final Decision Made:
The variance sought w&5� �/approved with the following conditions:
to -� rt e_,e i& — W 15
// 5- iz.�
P Permit# _w v
Special Use / / BOARD ZONING APPEALS
Sign Permit# ' 4Pa- l ' J
Date
Building Perinitll FQ
•
! fir✓
STATE OF VIRGI27IA REAL ESTATE PURCHASE CONTRACT
_ COUNTY OF ALBEt4ARIE
taees�
THIS CONTRACT made this day1981,/ of bet
I '
• BODDIE-NOELL ENTERPRISES, INC., a North Carolina corporation, whose addre*s is
2501 Sunset Avenue, Pocky Pbunt, N. C., hereinafter referred to as "Purchaser",
and DR. CHARIFS W. HURT S,,,S/e whose address s'
c.�
• 1650 State Farm Boulevard, Ct" rlottesville, Virginia, hereinafter cdllectiv@ly
referred to as "Seller"; and F DRY-SYNDER-C)P'TY, INC., a Virginia corporation,
•
i whose address is 4207 Colonial Ave., S.W., Roanoke, Virginia 24018,
hereinafter referred to as "Agent".
• W-I-T-N-E-S-S-E-T-H:
In consideration of the numtual covenants and obligations herein
contained, the sufficiency of which is hereby acknowledged:
1. AGREEMENT TO SELL AND PURCHASE: Subject to the condii=ionsII
hereinafter set forth, Seller agrees to sell and Purchaser agrees tb pmr¢hase
that certain real estate located near the City of Charlottesville, IC`,ount of
' Albemarle, State of Virginia, hereinafter described, plat of which Ibis attached
hereto as Exhibit "A" and made part hereof, with property outlined in red. A
• complete legal description shall be submitted with survey noted under Paragraph
II,
3 of this agreement for Purchaser's review and approval together with
improvements located or to be located thereon; and all easements arid
appurtenances belonging or in anywise appertaining, whether public'or private,
and all rights of Seller in and to any public or private thoroughfares pr
• roadways and adjacent to the above described property.,
The said property having a frontage of. e fee�m the sputh Side
dd?e�o'of
Z Z 5 %- Q �
of eetl, .f
U.S. Highway 250, between approximately /�
and being part of the land of C. W. Hurt,
known as "River Bend", east of 11�
the Shell Station Property and separated therefrom by a 50 foot road to be
_ opened as hereinafter provided.
2. PURCHASE PRICE: The agreed purchase price for the Premises is
_ is _. payable as follows:
(a) One Thousand Dollars ($1,000.00) to be deposited with Agent upon
the execution hereof by all parties, held in escrow until the date of closing
and then applied to the purchase price and delivered to Seller or !returned to
Purchaser in accordance with the conditions hereinafter set forth ',(hereinaffttgr
the "Escrow Deposit"); and aREPZaft �i 71
(b) _ - - � �•� ( at the Closing
hereinafter mentioned, to be paid in the following manner: By cash, certified
bank check or bank cashier's check.
3. SELLER'S COVENANTS: In consideration of the above stated purchase
price, the Seller agrees to convey a fee simple marketable title to the Premises
to the Purchaser by warranty deed (containing General Warranty of Titled or
Modern English Covenants, if in Virginia), free and clear of all liens,i
encunhrances and restrictions whatsoever, except as otherwise herein
specifically stated, but subject to general real estate taxes for the c'rrent
year which are to be prorated to the date of delivery of possession to Ole
Purchaser. Seller shall pay the expense of the preparation of the'',warranty deed
and any other documents required to perfect title or remove objections o title,
such as quit-claim deeds, affidavits, etc. At closing, Seller shall paY all
real estate transfer taxes, including any State Grantors Tax, and all special
assessments for work done prior to date of closing, whether a lien or nat.
• Possession of the Premises shall be delivered to Purchaser coincident with,
closing, free, clear and discharged of possession and the right of',possession b;•
all other persons.
Seller covenants that the Premises are lawfully zoned fot use',as a
Hardee's fast-food restaurant or, if not so zoned, that Seller will_ cooIerate
with Purchaser in attempting to secure proper zoning, and if such Use i
prohibited or continues to be prohibited by any applicable zoning brdin$nces or
. • other laws or restrictive covenants, then this contract shall be voidable at
Purchaser's option and the Escrow Deposit refunded to Purchaser as',hereinafter
provided.
fir+ 4400
Seller covenants that Seller has no actual or constructive knowledge
of (a) any proposed public improvements or condemnations which may',result in
special assessments or any reduction in the usefulness of the Premises or (b)
any requirement for the alteration cr correction of any existing condition,
except as fully described herein.
Seller hereby permits Purchaser to obtain a survey of the premises by
a licensed or registered land surveyor or a civil engineer sufficient to
V
describe the premises and indicate any encroachments, rights-of-way, easements,
telephone or power poles, wires or lines and any improvements thereon and a soil
test, both of which shall be obtained after the execution of this 4greer¢ient by
Purchaser at the expense of Purchaser.
4. EVIDENCE OF TITLE: Purchaser shall have a reasonable time in
which to make an examination of title, and if such examination diseloseS
objections to the Seller's title, Seller shall, within a reasonable time,
furnish evidence satisfactory to Purchaser that such objections have been so
• removed unless waived by Purchaser. Any title insurance required Shall ',be
obtained by and at the expense of Purchaser.
ft 5. CONDITIONS PRECEDENT: Purchaser's obligation to purchase the
premises is subject to all of the following conditions precedent;
(a) Purchaser's determination at closing that Seller can ',convey -to
Purchaser a fee simple marketable title to the Premises in accord with the
Seller's covenants in paragraph 3 of this Contract.
\
(b) There shall have been obtained applicable permits and/or licenses
•
satisfactory to Purchaser (including, but not limited to, building Permits,
enviroiui iital permits from any governmental agencies the U. S. Corp of Engineers
permits, fill permits, zoning permits, sewer peLuu.ts, access permitis in 1l`luding
curb and median cuts, left turn access to said property from adjoining streets
or highways, satisfactory sign permits from all applicable governmental agencies
and permits authorizing the razing of any existing improvements) folr the',
erection and operation of a Hardee's restaurant on the Premises.
%ire
(k) That Purchaser shall have obtained access to the Premises so that
left turns can be made into the road referred to in (j) by motor vehicles
traveling west on U.S. Highway 250.
Upon the failure of any one or more of the above conditions precedent
to be satisfied, Purchaser may, at its option, terminate all of itS obligations
hereunder and Agent shall promptly refund the Escrow Deposit to Purchaser.
, Written notice by Purchaser to Seller of the failure of any of the aforesaid
conditions precedent at any time prior to closing shall be sufficient notice of
•the exercise of Purchaser's option to terminate this Contract.
6. RISK OF LOSS: The risk of loss, damage, condemnation or
. destruction of the Premises or any improvements prior to delivery of deed shall
be borne by the Seller. ,t '
7. CLOSING: Subject to the eprovisions hereinbefore setlforth, [!J
closing will take place at +�-. �
•
or before the 1 day of SEpTEtcgER , .1981 , at 12:00 noon; or''if agreed by
Seller and Purchaser, as soon thereafter as title can be examined and papers
prepared, allowing a reasonable time to satisfy the conditions precedent of the
•
contract and any defects in title reported by the title examiner.
8. COMMISSIONS: All real estate commissions or fees charged by any
real estate broker or agent in connection with this transaction shall be paid by
the Seller.
t
9. DEFAULT: If Purchaser shall default in the purchase', of the
Premises after the satisfaction of all conditions precedent, the Escrow Deposit
made by Purchaser hereunder shall be forfeited to Seller as liquidated damages
in full and complete satisfaction, performance, discharge, and settlement of all
duties and obligations relating hereto without any further liabilities Or rights
hereunder for damages or other remedies.
. 10. PERFORWANCE: Purchaser and Seller each agree to do promptly
everything required of then under this contract, each agreeing to use their best
efforts to secure any necessary change in zoning, execute the required
•
(c) Purchaser's approval of aTl eascm nts, restrictions,
encroaclu,elits, or other encumbrances, except as otherwise herein specifically
described, revealed by title search or by survey of the Premises.
(d) Purchaser's determination that all utilities (electric,- al
,, water, telephone, public gravity fed sanitary sewer system and manholes and
public gravity fed storm drainage system and manhole) are at the property) line
and service for all these utilities are available in a sufficient capacity for
the required operation of the proposed Hardee's restaurant.
(e) Purchaser shall have obtained financing of the purchase price of
•
the Premises and the cost of all improvements to be erected thereon in an amrxnt
•
satisfactory to itself.
(f) Purchaser's determination that it can lay out and constricts upon
the Premises all improvements it desires at a cost and in a manner satisfactory
to itself.
(g) Purchaser's obtaining those rights in adjacent properties
(including without limitation, leases, easements, cross-easements and other
purchase contracts) deemed necessary by it for satisfactory use of the Premises
and adequate parking facilities therefor.
(h) Purchaser obtaining a soil test report prepared by a licensed
company in accordance with Purchaser's specifications which is satisfactdry to
Purchaser.
(i) That Seller shall have brought or caused to be brought to the /Gt
Premises the sanitary sewer line, ]'tap of Albemarle County Sewage Authority at
• the expense of der. .�7VyQ�f rn�lJ cid
(j) That Seller has built at Seller's expense a road, 50 feet in
width, adjacent to and along the western property line of the Premises aid has
• executed a valid sufficient Deed of Easement to Purchaser to permit Purchaser to
have the non-exclusive use of the same for ingress and egress to the Premises.
YIONOV �oo0
change
applications for in zoning and toobtain the necessary permits and all
other applications and documents required.
11. IPTTEGRATION: This contract contains all the agreements and
conditions made between the parties, and no statement, promise, representation
or inducement made by any party hereto or agent or employee thereof which is not
contained herein shall be valid or binding; and this contract may be modified or
amended only by a writing signed by all parties hereto.
f
12. PARTIES: This contract shall be binding upon the parties h reto
and their respective heirs, executors, administrators, devisees,
representatives, successors and assigns, and Seller hereby waives notice of
assignment of this contract.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed as by law provided, the corporate parties executing the same in their
corporate names by their corporate officers, with their respective colt to
seals affixed, as duly authorized by their Board of Directors and the in ividual
or partnership parties having hereunto affixed their hands and seals, as of the
day and year first above written.
BODDIE-NOFT 7 E' RISES, IN(S.
BY: �✓ •
Execu. Vicesident
(Corp. Seal)
Ay1 ST:
Secretary
J• PURCHASER
Gil` (SEAL)
Charles W. Hurt
(SEAL)
--
SELLER
•
EMDRY-SYNDER-COPTY, INC.
By:
Presi ent
(Corp. Seal)
ATTEST:
Secretary
Acarr 7/7 7,
104.
STATE OF NORTH CAROLINA
COUNTY OF !,(,c,,,`--
'Ihe foregoing Real Estate Purchase Contract was acknowledged before by
• c[�ii �• ig [I.-;-) and ( 04.LCP(eC2 C . LiPident
and Secretary, respectively, of Boddie-Noell Enterprises, Inc., a North Carolina
corporation, on behalf of said corporation, this the, day of March, .1981.
My cocmussion expires: a-- - Sc
No ' Put�l is
STATE OF VIRGINIA
CITY/COUNTY OF 4-1 I)0 ti, a c!e- •
-
The foregoing Real Estate Purchase Contract was acknowledged before n
by Charles W. Hurt rfe, , this this ,1 day of
. rl, 1981.
My commission expires: Gc-f 2,(? 171
Notary.Pu is
STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing Real Estate Purchase Contract was acknowledged before by
and , President
and Secretary, respectively, of Emory-Synder-Copty, Inc., a Virginia
corporation, on behalf of said corporation, this the day of March,'' 1981.
My commission expires:
•
Notary Public
1 riVW b
l ' .� ALBEMARLE Ctr0NTP? p iii,e1
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- U.S. R 0 U T E- 250'''-' CAL:a cm/4 Pe z -.7"---c2,-L•w-zi.v-)----
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BODDIE-NOELL ENTERPRISES, INC. ,
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• :
Now %me No 11101
STAFF REPORT
VA-82-8 Charles W. Hurt - Owner
Boddie-Noell Enterprises - Contract Purchaser
Tax Map: 78
Parcel : 17G
Zoned: C-1
EXISTING ACTIVITY
Vacant Land
PROPOSED VARIANCE
The applicant requests relief from Section 21 . 7. 1 of the Albemarle County
Zoning Ordinance, to allow a free-standing business sign to be located
five (5) feet from the highway right-of-way; a variance of twenty-five (25)
feet. Applicant also requests relief from Section 4. 15.3.6 to allow a
free-standing sign to have an aggregate area of one-hundred thirty five
(135) square feet; a variance of eighty-five (85) feet.
ZONING ORDINANCE REQUIREMENT
Pursuant to Section 21 . 7. 1 , adjacent to public streets: No portion of any
structure except signs advertising sale or rental of the property shall
be erected closer than thirty (30) feet to any public street right-of-way.
Pursuant to Section 4. 15.3.6, Business signs, Free-Standing or Projecting,
(b) the aggregate area of such signs shall not exceed fifty (50) square
feet.
STAFF RECOMMENDATION
We feel the setback requirement of thirty (30) feet from highway right-of-
way could be obtained without affecting the visibility of the sign. The
fifty (50) square feet aggregate area of the sign allowed in the C-1 zone
is ample for identification of the site. We feel that the applicant has
no hardship, therefore recommend denial .
e
CAMERON BLUEPRINT Rocky Mount, N.C.
GENERAL NOTES
L Refer to Sheet S-113 for Grading and Qemolition Plan and to Sheet S-"'IC for Erosion
- Control Plan.
2w Site conditions are taken from a.survey, by peight and Associates, P. A., P. O. Box
'1171, Williamston, N. C., dated e3, 15.�I,
0
3. All water, sewer, gas, electricity, telephone, and other utility locations shall: be verified
by the Contractor at the site. The Contractor shall coordinate all utility installations
'With the utility companies.
14. The water main tap shall be for a 1" meter base.
5. Tle building down spouts into the stormi drainage system where practical.
6. Concrete pads shall have 6" of concrete. with 611xis'1-6/6 WWF reinforcement. Concrete
shall be level with asphalt paving, or as shown.
7. Concrete drive at the drive -by window shall be 611 concrete finished with (black) Colorcron
as manufactured by Master Builders or equal. Use one pound per square foot. Apply
according to manufacturer's instructions.
8. All drives and approaches shall be constructed according to State highway or City
specifications (ps applicable) for commercial drives.
9. Yard Lights - concrete base shall be constructed by the General Contractor and wired
by the Electrical Contractor. Poles and fixtures will be supplied by the Owner and
installed by the Electrical Contractor.
10. All Directory Signs (Drive-Thru and Entrance/Exit) shall be wired by the Electrical''
Contractor,
'11. Prime Sign location will be verified by the Owner after a survey Is made by the Sign
Contractor, Sign errection and footing shall be by the Sign Contractor. The Electrical
CQntractor shall provide power and final connection.
12, All paving shall have 611 of crushed aggregate base course, 21" of 1-2 binder course,
and 411 of S-5 surface course (unless (otherwise noted),
13, All parking lot striping shall be white istandard traffic paint. Lines shall be 411 wide,
10 feet long, and on 10 feet centers as shown on plan the unless otherwise noted. All
- ,
drive-thru lines and arrows shall be i!� L10—Y4 standard traffic paint. Paint all other lines
and . symbols as shown on the Site Plan,.
14, The Site Work and Landscaping Contractor shall comply with local codes In observing
erosion control measures, both on and Doff the site.,
15. The handicap parking and ramp shall comply with local codes. Maximum ramp slope
shall not exceed 5-11.
16. All new asphalt shall be sealed with asphalt sealer after paving.
'17. The Contractor shall verify "and be responsible for all dimensions at. the job site.
SITE IINFORMATION
Total Parks 47 Setback Res s:
Lot Area 41 -5� ✓ Front—. yc) /!:X0" lq-,
Paved Area--7,6,. r-00 /---7- Rear—
Water Service_ /V'arl/v Right Side —
Sewer Service Left
Gas Se -vice —
Electrical Service
LEGEND
Property Line
Right of Way Line
-Z 7-
Storm Drain
Water Line
0—
Gas Line
Sewer Lino
Clean Out
Power Pole
Fence
Concrete
Landscape Area
Detail Number
Detail Sheet Number
P
PROP05ED 8�' WATER LINE ----- --
PROP05EE-D PIPE HYDRANT
WA-TP-R MF-TeP, (NOTE- 4)
0—, Al 760- Z0'-491`W
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DUMPST T F. q-,
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-PA PAINTED PAR�� LI
W PAINTED
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ARROWS (TYP)-,
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BLACK CONC.
(NOTE 7
Ito CU. WATEK SEK\/JCP- R
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WIVJE, PP H. C. RAMP
(XO7F- 15)
AD—'
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EXI-;f- DROP INLET
INV. 44.1
?IVI
3 � 0" 20,-011
LIJ ffa—yoBoddie, Sr. President
><
U. 5. HWY -zs -J
fl-i—c F--Bo TcTife —,E —Vice-PresidentSRI. 20 \t( , 12 \ ol i�o—ser —Reyes,—V.117. —Development ------
V I C I N''I T "Y" MAP Richard —Jenkins, —Sr. —VP. 0per-ati—ons-
THEISE OAMiNINGS ARE THE PROPERTY SHEET TIYLE K I
SITE PLAN
OF BODDIE - NOILL ENTERPRISES, INC
P.O. 801908, ROCKY MOUNT BUILDING
1
2 2
27801 AMID SHALL RIOT ;BE' USEDJOPI- MODEL No.
ED 09 HEIPHOOLICEED WHIOUT )NAIT-
TEN PERNISSION FROM THE 0 INNER. LOCATION
CHAR LOTTEISVILL E VA.
r
\RXIST. TELEPHONE
RELAY b0X
EXPYr, 15" RCP/
h I
-SITE PLAN
SCALE: 20'
REVISIONS
P,id
J �lWSDANIEL
�0
0LO1111E P11
LICENSE NO -
DATE By DRAVVN 8 Y
CHECXED BY
0 A T E
B R A 1AI I N G W 0.
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EX15-F DROP INLE
A
PAGE, MARLOWE ANO ASSOCIATES
CONSULTING ENGINEERS
VIIALEIGH, N. C.
SHEET NO.
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