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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 �Y- v 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 U///////. 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F--,,,,, el_ ,........ ,..., ,la' , /re' • v -\- 0, Alai A ti _ 0 APP"-- z 0' - -- 5 - • .• , 6, 1‘-` - -.-.-- 5 0__--- ,. ' U-5.-8"r4 Z . ...-- . . . . . IT"P.-ff. -- _ :-_-.- • PRELIMINARY SITE STUDY --• . _ Ci-tilsRLOTTEGVITA_F-7-%;,V: _ . _ - U.S. R 0 U T E- 250'''-' CAL:a cm/4 Pe z -.7"---c2,-L•w-zi.v-)---- - . - . REVISIONS DATE DR AWN BY -1-•-i-W-- -- -,..... C-r( 1. AP.ROVEO - --2 2--91--7 -- 2. — 3. 1.--_- .... • . - ,., BODDIE-NOELL ENTERPRISES, INC. , ,„ .-.....• .., . , - .... . Ni...- _ ,_, - :-.:-... ......... :;..:. • flo.acet's fronchIs• Operoiors•P.O. Box 1908•Rocky Moon! North Corolino 2 7/101 . • , . • • ' . • • : 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 :23?. 95' �n ...... ...... DUMPST T F. q-, 89 tJ A fR4, I_ -PA PAINTED PAR�� LI W PAINTED ,NoTErA, (TYPICAL) ARROWS (TYP)-, TkRU 61GK,, D P11 V BLACK CONC. (NOTE 7 Ito CU. WATEK SEK\/JCP- R Qi r7 WIVJE, PP H. C. RAMP (XO7F- 15) AD—' TEL J`R. PAIN Lp ii"f C.O. FE, --YELLOk�q PAINT I STRN I P E 5 V) dl :R 'YELLOW 5TRIPE- .AMP-7 - 11- 0— (�!'CONC. PAD RAMP/ K! 7 -7 3, R If IIa oil t S�G 39' 011 3, d'- ? CURB INL-ET 0) HARD F-F-'5 aim - 22 ro� FIN Pt E�. 51. 0 N 0 \6 V) 4 AI) 8 f - os­ S-3 3 rT C1JRb I LET J ASPHALT -r N -E5 07 IZ 4 IG) 5-3 I-AN036APE pAD RADIUS 7,56.00, ... PP T OPP 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. z a" I EX15-F DROP INLE A PAGE, MARLOWE ANO ASSOCIATES CONSULTING ENGINEERS VIIALEIGH, N. C. SHEET NO. c Z:)