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.
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$20. Permit Fee = Application No. V iA - 7. - I U
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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
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Sign Pei-wail BY. d 2_
I3uil.di:: P:nnitI
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HAROLD C.KING,COMMISSIONER 0 0
e w�,� -`+, LEO E.BUSSER,III
EUGENE M.BANE,GRUNDY,BRISTOL DISTRICT
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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
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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-
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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
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WBCjr/mah RCCE1v D • . {
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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.
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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.
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