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HomeMy WebLinkAboutVA198200010 Application 1982-03-17 )floor,law „me STAFF REPORT VA-82-10 J.U. Webster (contract purchaser) Tax Map: 90 Parcel : 35C Zoned: R- 1 EXISTING ACTIVITY Vacant, unimproved real estate PROPOSED VARIANCE The applicant requests relief from Section 24.3, to allow a parcel in the HC, Highway Commercial Zone, to have a minimum frontage on a public street of 110 feet; a variance of 40 feet. ZONING ORDINANCE REQUIREMENT Pursuant to Section 24. 3, the minimum frontage required on a public street for the establishment of an HC district shall be one-hundred fifty (150) feet. STAFF RECOMMENDATION The lot of record is a non-conforming lot with 110 feet of road frontage. The Virginia Department of Highways has recommended certain improvements to establish an entrance for this location. We feel that the lot has a hardship, and would recommend approval of the variance. WNW w , I $20. Permit Fee = Application No. V iA - 7. - I U Sip Erected By: efiok.ie,au`+` Staff: ��� APPLICATION FOR VARIANCE - . Zoning Department - 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application 11 rrh, 17, , 1982 flt t OF PROPERTY OCCUPANT (If other than owner) Nam: J. V. Webster (Cnntrant Purrha5er) Name: Address: 1.719 East Market Street Address: Charlottesville, Virginia 22901 Telephone: 293-3075 Telephone: Location of Property: Avon Street Extended (Route 742) About 2i. miles south of Charlottesvill ON Ri .1�}a,-appro,c, 9/10 Mile t or o� 1 , Virginia, fronting 110 feet on the old Scottsville Road. y41s C-hOr'1 OF R-4,1t4A e B-f, A0 Tax Map 90 Parcel 35 C Acreage Existing Zoning R-1 District Scottsville Existing Use: vacant, unimproved real estate Variance sought (describe briefly relief sought) : Applicant requests relief from Section 2)1 3 of tile- H-i' (Highway Commercial) District-on r f 40 feet from the required 150 feet. (The applicant requests relief from Section 24.3 of the Albemarle cn„nty Zoning nrdinenrP to allow a parcel in the HC, Highway Commercial Znnc, to have a minimum frnnfagA on ;a public ctrPPf of 110 feet; a variance of 40 feet.) T 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. • ;` r 1 pI_ zl` � A torney-in3�te FOR-OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: - JAZ / ,2,0 /9 ,k- Final Decision Made: ‘)/z,er,..,74,--ei The variance souc�?�t wa: c�/approved wiI1 t1Te following conditions: Special Use Permits'/ BOr'JU) 0i' , APPEALS i Sign Pei-wail BY. d 2_ I3uil.di:: P:nnitI 4' - gyp HAROLD C.KING,COMMISSIONER 0 0 e w�,� -`+, LEO E.BUSSER,III EUGENE M.BANE,GRUNDY,BRISTOL DISTRICT rT Ida J.T.WARREN r, DEPUTY COMMISSIONER&CHIEF ENGINEER T.GEORGE VAUGHAN,JR.,GALAX,SALEM DISTRICT h >\ DIRECTOR OF ADMINISTRATION WILLIAM R.WATKINS,SOUTH BOSTON,LYNCHBURG DISTRICT 4,,,, 1 ""I 1ptl� ® J.M.WRAY,JR. WILLIAM F.MOHR,RICHMOND,RICHMOND DISTRICT ° �¢+ DIRECTOR OF OPERATIONS fil RICHARD G.BRYDGES,VIRGINIA BEACH,.SUFFOLK DISTRICT r3,"g�MAT'� W.L,BRITTLE,JR. .T. DIRECTOR OF ENGINEERING WILLIAM T.ROBINSON.WEST POINT,FREDERICKSBURG DISTRICT J.CARLTON CLORE,CULPEPER,CULPEPER DISTRICT OSCAR K.MABRY COMMONWEALTH ��``11 DIRECTOR OF PLANNING H.DELMER ROBINSON,JR.,WINCHESTER,STAUNTON DISTRICT of VIRGINIA H.W.WORRALL JAMES C.HUGHES,ANNANDALE,AT LARGE-URBAN y,1 DIRECTOR OF FINANCIAL AFFAIRS CHARLES S.HOOPER,JR.,CREWE,AT LARGE-RURAL DEPARTMENT OF HIGHWAYS & TRANSPORTATION t321- AST-BROA13-3-TR CET- IN REPLY PLEASE REFER TO -MUNE)ND 23219- I P. 0. Box 910 Charlottesville, Va. 22902-0910 March 18, 1982 Mr. Andrew Evans County Zoning Office County Office Building 401 McIntire Road Charlottesville, Va. 22901-4596 Re: Hogan Property Rt . 742 - Albemarle County Tax Map 90, Parcel 35C Dear Mr. Evans: I have completed a preliminary review of the above noted parcel to determine what general improvements would be required for a commercial entrance. I understand the frontage of the parcel is approximately 110' . For a commercial use, a standard commercial entrance, 30' in width, would be required. A decel-accel lane including curb and gutter and necessary storm sewer will also be required for adequate access . Due to the location of this particular parcel, the curb and gutter and decel lane will tie-in with the existing entrance to Certified Welding property and continue across the frontage of Parcel 35C. Sight distance exceeds the minimum required for a commercial entrance and it does not appear suitable access would be a problem. If you should have any questions, please advise. Yours very truly, D. S. Roosevelt Resident Engineer s% lel, By: W. B. Coburn, Ass 't. Reside Engineer A,, 1 g 1982 G WBCjr/mah RCCE1v D • . { 1 cc: Ms . Christina Bruce TRANSPORTATION - AMERICA'S LIFELINES CONTRACT OF PURCHAS, THIS CONTRACT OF PURCHASE made as of March 11, 1982 , among WILLIAM A. HOGAN, Incompetent, by SAMUEL G. HOGAN, his Guardian, herein called Seller, and J.V. WEBSTER, herein called Purchaser, provides that Purchaser agrees to buy and Seller agrees to sell the following described real estate, and all improvements thereon, located in the County of Ablemarle, Virginia, (all herein called "the property") : 1 acre, more or less , on State Route 742 , South of Charlottesville, Virginia in Albemarle County, Virginia, shown on Tax Map 90 , Parcel 35C. ( N 1G 2 . Purchaser has made a deposit of $2 ,000 . 00 , receipt of which is hereby acknowledged, and such deposit shall be held 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. • 3 . 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 th- recordation tax applicable to grantors and agrees to deliver possession of the property to Purchaser on SEE BELOW 1982 . 4 . Settlement shall be made at the office of James L. Camblos , III on or before SEE BELOW , 1982 , or as soon thereafter as title can be examined and necessary documents pre- pared, with allowance of a reasonable time for Seller to correct any title defects reported by the title examiner. 5 . (1) Purchaser to pay grantor' s tax and entire 1982 Real 1 Estate taxes when due and payable . (2) This contract is contizii fr ,�upon (a) the property being approved for rezoning tt -` ""- i _ at Purchaser' s expense (b) the Circuit Court '-- approving the sale . Each to be obtained within 60 days . 6 . 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. 7 . This Contract of Purchase constitutes the entire agreemen • among the parties and may not be modified or changed except by written instrument executed by all of the parties . 8 . 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 , and assigns of the parties . WITNESS the following signatures and seals . WILLIAM A. HOGAN, Incompetent I3Y: ' cz-»-z.i.�1. i =,r-J" ( n n- Samuel G. Hogan, his Guardian J. V. Webster _i-i__:. , ,t, \I 4 _s 9 ___ )0 I GRANT, BARG.:IN, SELL AND CONVEY unto the said party of the second part, with ' • GENERAL WARRANTY OF TITLE, that certain tract or parcel of land lying in Albemarle County, Virginia about 2 1/2 miles south of Charlottesville, Virgir, i fronting 110 feet on the old Scottsville Road containing one acre, more or ie s, I ( as shown and described on plat of A. R. Sweet and associates, dated January 1 Nov 5, 1950, which is hereto attached and made a part of this deed, being a portion of the property which was conveyed to the said Fannie M. Branham i By C. J. Flick and Mary Lee Flick, his wife, by deed dated July 20, 1949, recorded in the clerk's office of the Circuit Court of Albemarle County in Deed Book 234, page 552, to which deed and said plat reference is here made I for a more particular description of the property hereby conveyed as well as its source of title. The said parties of the first part covenant that they are seized in fee simple of said land; that they have done no act to encumber; said land; that the grantee shall have quiet possession of said land free from all encumbrances; and that the said parties of the first part will execute such other and further assurances thereof as may be requisite. Witness the following signatures and seals. !!!� Fannie M. Branham (SEAL) 1� Witness: his II j Ennis P. x Branham (SEAL) E. V. Walker mark STATE OF VIRGINIA, COUNTY OF ALBEMARLE, TO-WIT: I I, Doris N. Miller, a Notary Public in and for the County ; aforesaid, in the State of Virginia, do certify that Fannie M. Branham and ! II lEnnis P. Branham, her hushand, whose names are signed to the foregoing writin ( bearing date on the 7th day of January 1950, have each acknowledged the same ; before me in my County aforesaid. Given under my hand this 7th day of January, 1950. My commission expires November 22, 1953- Doris N. Miller, Notary Public. i a I eii I I FFlnnte (Y1.1Ygn\q III i, � Ii , { r i u II n Sri. i5 3ji_ 3' ,1 1 o O o I I • _ v H I o � � �- li o 6o 0 r I ci rp o --p 2S.03' r 11 S7 ' '1 03 J ti 3'I1 40 '19h.4 a' in c 50 I --L .� pp z-