HomeMy WebLinkAboutVA198300028 Application 1983-05-12 'err 4000(
FRANCHISE REALTY INTERSTATE CORPORATION
SUB-LEASE
This Sub-Lease made and entered into this 23rd day of June
1915_, by and between FRANCHISE REALTY INTERSTATE CORPORATION, an Illinois
corporation, (hereinafter referred to as "Lessor"), sub-lessor herein and lessee of the premises
Ground
demised herein by virtue of the Mfg Lease" hereinafter described, and
Richard Hendricks and DiAnne L. Hendricks (of
the City of Waynesboro , County of Augusta
State of Virginia - ), (An individual
14utd ) sub-lessee herein, hereinafter referred to as "Lessee".
0
WITNESSETH:
ARTICLE I
NATURE OF LESSOR'S INTEREST IN PREMISES
Lessor is the Lessee of the demised premises by virtue of a certain indenture of lease, herein
Ground
referred to as ` XLease" between Charlottesville Shoppers World, Associates
, lessor (hereinafter sometimes referred to as
"Fee Owner") and the Lessor herein, as lessee, dated December 9 , 19 74
and demising said premises for a term of 21 years commencing on the
14th day of March, 1975 , and ending on the
13th day of March, 1996 XSUIVHVIC/Cran '
XECINODPiltIVEIZJCIERMIIIMR2MENZINZICZNIMIX270747MairOCHICRWIZarZHEXZXtRZOtZtWItii
nyeltyrAmforrIMIUMEINZXZ
ARTICLE II
PREMISES AND TERM
SECTION 1. Lessor, for and in consideration of the rents herein reserved and of the covenants and
agreements herein containing on the part of the Lessee to be kept, observed and performed, has
demised and leased, and does by these presents demise and lease to the Lessee the following
described real estate situated in the City of CHARLOTTESVILLE , County ofAlbemarle
and State of VIRGINIA , to wit:
Legal description—See page 2a.
TO HAVE AND TO HOLD the same, subject to Article III Section 7 of this lease for and during the
term commencing on the 23rd day of June
19 75and ending on the 22nd day of June ,1995 .
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GROUND LEASE I !i
4iS LEASE made and entered into this 9th day of fPCembPr j
197.4__, by and between CHARLOTTES-VILLF. S.HapazizsL_woRlrgt.,.11.S.SCLCIATES LIMITED PARTNERSHII
A limited partnership organized under the laws of the Commonwealth of Virginia,
of the City of County of
State of , a corporation, er
•
if an individual the marital status i3- , hereinafter
•
called "Lessor" and FRANCHISE REALTY INT F13S•TATP, CORPORATION
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a Illinois corporation, hereinafter called "Lessee": I N I I AL
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PREMISES
WITNESSETH that Lessor, for and in consideration of the covenants hereinafter contained and made on •
the part of the Lessee, does hereby demise and lease to Lessee, the following described premises in the City
of , County of Al hc'marl P , State of Vi rgi n i a
to-wit: S supplement •
See Exhibit "A" ,1 attached, indicating demised premises outlined in red
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(Sec Page 1A attached) INITIAL.
ice//
as per certified survey (in accordance with Paragraph 25 herein) to be attached together with all Lessor s
easements and appurtenances in adjoining and adjacent land, highways, roads, streets, lanes,whether public •
or private, reasonably required for the installation, maintenance, operation and service of sewer, water,gas,
power and other utility lines and for drive-ways and approaches to and from abutting highways for the use
and benefit of the above described parcel of real estate, including the improvements to be erected thereon. fI
TERM
TO HAVE AND TO HOLD the same for and during the thrill commencing the date upon which Lessee
has obtained all necessary permits, licenses and approvals for the construction of its improvements and
Lessor has satisfactorily provided evidence of title to the demised premises as herein provided, and expiring
twenty one (21) years thereafter. A Supplement to this Lease is hereto attached and made a part hereof
containing blanks for the commencement and expiration dates of said term. The parties hereto agree that
when said dates become certain, as provided herein, they will complete and execute said Supplement to
reflect said dates. McDonald' s agrees to apply for all necessary permits
gs1 t-xpc -Ata within thirty (30) working days after McDonald' s f±lnst< execution
of this document.
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CONS!HULA!UN IIVIMUvtivutivia
J {i
2. Lessee anticipates constructing at its sole cost and expense improvements to include a building,
driveways, and parking area (herein referred to as "Improvements") in accordance with the Plans and
Specifications provided by Lessee and McDonald's System, Inc., an Illinois corporation. Lessee at its own
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McD—Rev 6/73
II
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cost and expense, shall procure all necessary permits, licenses and government approvals for the erection of
the Improvements aforesaid. If Lessee shall fail to obtain any and all such permits, licenses and approvals,
within rincbj (00)/dlays after the date of the last execution of this Lease, Lessee may at anytime thereafter,
at its option, continue to attempt to obtain said permits, licenses and approvals, or cancel this Lease by
written notice to the Lessor and thereupon this Lease shall terminate without further liability to either .
party. In the event this Lease is so terminated all money deposits, rentals and instruments shall be returned
to Lessee. Notwithstanding the commencement date hereinabove, the Lessee shall have the right to enter,
make tests and surveys and occupy and improve the demised premises from the date of execution of this
. Lease, provided said improvements will be made only if all other contingencies herein have been
satisfactorily completed. In any event, Lessee's failure to obtain the necessary permits, licenses and ,
approvals shall be just cause for Lessee's termination of this Lease.
LESSOR'S WARRANTIES
3. Lessor hereby represents and warrants to Lessee that the use of the premises as a self-service
carry-out restaurant for the sale and consumption on the entire premises of food and non-alcoholic i'
beverages are a permitted use under the zoning classification applicable to the demised premises.n -ire
. Lessor hereby acknowledges that
Lessee is relying upon said representations and warranties in executing this Lease and that matters so
represented and warranted are material ones and Lessor, accordingly agrees that any breach of warranty or
misrepresentation shall be grounds for Lessee, at its sole option and election, to terminate this Lease.
Lessor further represents and warrants to Lessee:
i
(A) That all water, sanitary sewers, storm sewers, electric current, gee, and telephone facilities are at i
the property line and available for connection to the demised premises. Fees & charges for same
to be at the sole cost & expense of the Lessee.
(B) That all land
3 eut g-area ila .
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(C) That all land hereby demised is free of any tenancies whether written or oral.
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LESSEE'S COVENANTS ;1
r i
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4. Lessee covenants and agrees that during the term of this Lease and for such further time as Lessee,
or any person claiming under it, shall hold the demised premises or any part thereof:
r
a. To pay the reserved rent on the days and in the manner aforesaid. '
b. To bear, pay, and discharge all future real estate taxes charged or imposed upon the demised
premises or any improvements erected thereon by Lessee or anyone claiming by, through or under it,
or upon the owner or occupier in respect thereof during the term of this Lease or any extensions --,\, 1
thereof, and to deliver to Lessor at all times promptly proper and sufficient receipts and other evidence - ' I i
of the payment and discharge of the same. =s-ebligatfieii ;; —
4#44 agreed that the taxes for the beginning and end of the term shall be
prorated. Lessee shall rigrb be obligated to pa.3 for special assessments levied prior to r during the ter
the leas term and/r anyiv r tii
of this Lease. (Sze Fa`,G 2:3) / ro-rata \�,�P dons t o . z i
Lessee's obligations here under shall be only to eex ent o -;,« "
c. Subject to paragraphs 5 and 23 herein, not to suffer the estate of Lessor in the demised premises
any time during the said term to become subject to any lien, charge, or encumbrance whatsoever and to
idemnify and keep indemnified Lessor against all such liens, charges and encumbrances; it being ''
expressly agreed that Lessee shall have no authority, expressed or implied, to create any lien, charge, or
encumbrance upon the estate of Lessor in the demised premises.
, . d. To keep the buildings and improvements which may at any time during said term be erected upon
the demised premises and the drains and appurtenances in good condition and repair.
e. Not to make or suffer any use or occupancy of the demised premises contrary to any law or
ordinance now or hereafter in force. ,
f. To indemnify Lessor against all costs and expenses, including reasonable attorney's fees, lawfully .i
and reasonably incurred in or about the premises, or in the defense of any action or proceeding, or in
discharging the premises from any charge, lien, or encumbrance, or in obtaining possession after defaultil
of Lessee or the termination of this Lease.
* one hundred eighty (180) days after which either Lessee or Lessor may
terminate,unless Lessor is advised by applicable authorities that such
permits , licenses and/or approvals are imminent,in which case said 180
day limit shall be reasonably extended.
2
Mc —Rev 73
Now
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t _
(Continued Page 2)
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4. (b) The Lessee shall have no obligation to reimburse the Lessor �I
or to pay to any taxing authority special assessments made at any
time prior to the term of this Lease. All special assessments
levied or assessed against the demised premises at anytime or
times during the period covered by this lease agreement shall be
paid by the Lessee either at one time or by any deferred payment'
plan provided for by the taxing authority ,and carried on their roll 't i
or account against the demised premises. •
the Lessee be required to make any payments for s • sments }
if the principal teen of the Leers e' or any extension thereof �'�.. _.. (a
has expired r. fl payment by Lessee of the cost of such
r a def rred a ent la .
This obligation shall terminate simultaneously with the expirati T IAL
of this lease or any exercised extention thereof.
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010
g. Upon the termination of this [.ease, either by blv isf tint*40 r M0` iI 00imt aleMMIMOmaekq , .k i
yield and deliver up the demised premises in such cooditwa at it gal Uletlik # .+r
1*
{
,
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h. At its own expense to insure and keep insured the building or buildings themes i nst 1u at - ' 1
damage by fire and by extended coverage for not less than eighty percent(t3O1)of their imputable Wu. , ;
in responsible insurance companies licensed in the state in which the premises are located, subject to ; ° ,i,-
the terms of Paragraph 6 hereof, such insurance to be made payable in case of loss to Lessee who must
use the proceeds of said insurance to promptly repair or rep1aco &usage as
the case may be,and to reopen demised premises for business.
CONTEST OF TAXES AND LIENS
' 5. Lessee shall have the right, at its own cost, and expense and for its sole benefit, to initiate and
�~
prosecute any proceedings permitted by law for the purpose of obtaining an abatement of or otherwise \t 1` r
contesting the validity or amount o.taxes a s .ssed to or lev_ed u on the demised premises and required to i a$
be paid by Lessee hereunder and t an c i asses d 2k}afti lL'�s cgils ssfs�a} wt'
If required by law, Lessee may take such action in the name of Lessor, who shall cooperate with Lessee to
such extent as Lessee may reasonably require, to the end that such proceedings may be.brought to a +' 3
successful conclusion; provided, however, that Lessee shall fully idemnify and save Lessor harmless from all
loss,cost, damage and expense incurred by or to be incurred or suffered by Lessor in the premises,
'defend 1-N i !A t_ i
DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS 1_.! { al;' I
6. If the blinding on said premises shall be rendered untenantable by fire or other casualty, during the
last five (5) years of the original term of this Lease or during any extension of the term, to the extent of
50% or more of the insurable value of the building, Lessee may, at Lessee's option to be evidenced by i
notice in writing given to Lessor within thirty (30) days after the occurrence of such damage or destruction,
elect to terminate this Lease as of the date of the damage or destruction, whereupon Lessor shall be entitled
to all proceeds of insurance and right of recovery against insurers on policies covering such damage or .
destruction. •
• RIGHT TO MAKE ALTERATIONS ! I
TITLE TO AND REMOVAL OF IMPROVEMENTS
I
7. Lessee may make, or permit any Sublessee to make, alterations;additions and improvements to the
demised premises from time to time and all of such alterations, additions and improvements, including
those which may be constructed by Lessee in accordance witl!Paragraph 2 hereof, shall be and remain the
property of the Lessee or Sublessee, as the case may be, at all times during the term of this lease and any
extensions or renewals thereof. Lessee and any Sublessee shall have the right to real i9Zai y such
alterations, additions and improvements at any time during the term of this Lease or any extension or
renewal thereof,and for a period of thirty (80) daya after the termination of thi3 Lca3c, or any c.ttcn.io,, ,1 ,ii
t-i e
Lessee shall not be required to remove any .
thcmof erato vexing in
_ t, „f +, „ ,and. Ift .ng-biT--T ress66-Az-any Sublessee o rt)rr1ng at nr after �}
the-tern ' • area formerly occupied by ' ,r ' lnfl-so-
feii14,44)44. At the termination of this lease ,and/or its extensions, Lessee agrees
to comply with sub-paragraph g. in section 4 , entitled "Lessee' s Covenants" .
COVENANT NOT TO COMPETE
- See Page 3-A Attached-
had and ob in , ' .ertly_or indirectly engage in, or acquire any finan • icial interest in, or grant
a lease or sell property to any perso in o any type of which food and beverages are
dispensed within a radius of 'Tess from fhe dern-ised42remises. The foregoing restrictions and �
)? p apply is subsidiaries and '
limitatior,�-sly« �� essor is a corporation, a 1 to all activities of ol'f'c�Ys;der
i iatca of Leoaor. 1
11
ASSIGNMENT AND SUB-LETTING
subject to the terms of this lease ;.`
9. Lessee may, without the consent of Lessor/sublease, assign or encumber this Lease or its rights
hereunder. In such event Lessee shall remain liable for the payment of all rent required to be paid '11
hereunder and for the performance of all terms, covenants and conditions herein undertaken by Lessee.
Lessee agrees that it will not operate the e ises or sublet or assign this
lease to any business which will be in competition with any existing business
in Charlottesville Shoppers ' World at the time of such change of. operation ,
sublease , or assignment without the consent of the Lessor. i �.r fIci � i '
3
McD-Rev 6/73 / i
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Sign Erected By: IYIR �rnklr Staff: 5LTh lq
APPLICATION FOR VARIANCE
Zoning Department
401 Mclntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5832
Date of Application Anril 27, , 19 83
OWNER OF PROPERTY • OCCUPANT (If other than owner)
A oai
Name: Charlottesville Shoppers/World/(�L+ca , Name: RAHF. T C_
Associates Limited NartnersniO
Address: c/o Fordham Development Company Address: 1522 Park Road
8555 16th Street, Suite 413
Silver Spring, Maryland Waynesboro, Virginia 22980
I
Telephone: Telephone: 703-943-3176
'RISo eor,t-oc.i- f rat lA,Fr-1- a n did benne
Location of Property: Shoppers World Shopping Center 011 � Iturnso
RV. nor P.O. pro, .r- I40
Tax Map C to t In - Parcel - ( C, Acreage 1 .SS$ a cT1Q`L,o
Existing Zoning ?J)-CSC District Cl hdr Le tfrK ts .e
Existing Use: Sh p pi rn CQ YI1-Q-
Variance sought (describe briefly relief sought) :
A variance is sought for the elimination of fourteen (14) parking spaces around the
McDonald' s Route 29 Store for the erection of a drive-through at the restaurant and the
construction of a playland at the front of the store.
c}F Tv
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Pa+r c A noicompak—inc`��lf\ui flfl j 3`ar-Kin ,c` Oox ) t& OC StICIrnc Qn par-6-9 lac .
I hereby certify that the foregoing information is true and correct to best of my
knowledge and belief and that I am the owner named above.
RAHE, INC.
by Humes J. Fra klin J . , attorney for
the corporation / 4/27/83
Applicant Date
FOR OFFICE USE ONLY
Zoning nistrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: ci ICI% 3 Final Decision Made: 4g,��,3
The variance sough ' ea/approved with the following conditior, :
Spec?.al Use Permit# BOARD OF APPEALS
Sign Permit# • '' G- /y- 3
Date
Building Permit#
ALBEMARLE COUNTY
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�* M. SECTION 61 PA-U
i'Pei "' CHARLOTTES .LE DISTRICT
LAW OFFICES OF
FRANKLIN, FRANKLIN AND DENNEY
P.O.DRAWER 1140
PARTNERS WAYNESBORO,VIRGINIA 22980
HUMES I. FRANKLIN TELEPHONE 949-6191
HUMES J. FRANKLIN, JR. AREA CODE 703
RONALD W. DENNEY TIME BUILDING
WILLIAM D.HEATWOLE 129 N.WAYNE AVENUE
JEFFREY A.WARD
April 26, 1983
County of Albemarle
Zoning Department
401 McIntire Road
Charlottesville, VA 22901
Re: RAHE, Inc,
Our File #10554
Dear Sir/Madam:
Please find enclosed an Application for Variance filed on behalf
of the above-named corporation who operates the Route 29 McDonald's
store. Please advise us with respect to the next hearinn date so
that I and the operations manager may be present.
Enclosed also is our check in the amount of $20.00 for filinc costs.
I r main,
Yoga s tr l y,
H m J. Franklin, Jr.
H Fjr/vsp
Enclosures
cc: John Opstad
NNW
�'�► Airs„. ( OF ALazes
�� pFA 9 � �
ROBERT E.VAUGI-oN InspectionsHICHAEL C. RICXELL
DIRECTOR OF INSPECTIONS Department •
Assistant building Official
ZONING ADMINISTRATOR
BUILDING.ZONING.SOIL EROSION ANDREW O.EVANS
JESSE R.HURT FIRE PREVENTION oEPur,ZONING 4OMINISTRATOR
DEPUTY DIRECTOR OF INSPECTIONS
401 MCINTIRE ROAD. ROOM 2-2 IRA B. CORTEZ
CHARLOTTESVILLE.VIRG7NIA 22901-4596 FIRE PREVENTION OFFICER
(804)296.5832
May 5, 1983
Franklin, Franklin & Denney
c/o Humes J. Franklin, Jr.
P.O. Drawer 140
Waynesboro, VA 22980
Re: Variance Application For McDonald's
Shoppers World - Charlottesville, VA
Your File #10554 •
Dear Mr. Franklin:
My letter is notification of receipt of your letter and variance
application for McDonald's located on Rt. 29 in Charlottesville.
In order to process your variance application we need either the
property owner to sign the application, or a letter of authorization
from the owner for you to act as his agent. Please submit also a
copy of the proposed site plan for the drive-in window and playland,
so that we may submit it to the Board for their review.
If the Board of Zoning Appeals grants the variance, then a revised
site plan would need to be submitted for approval by the Albemarle
County Planning Commission.
The deadline for filing is May 27, 1983, for the June 14, 1983
meeting. The Board of Zoning Appeals meets only once a month, so
the next meeting would be July 12, 1983, with the deadline for filing
the application being June 27, 1983.
I've enclosed another application if there be need for having the
owner make application.
Please contact my office if I may be of any assistance to you.
Sincerely,
drew D. Evans
Deputy Zoning Administrator
ADE/st
cc: Reading File
Enc.
vgio
LAW OFFICES OF
FRANKLIN, FRANKLIN AND DENNEY
P.O.DRAWER 1140
PARTNERS WAYNESBORO,VIRGINIA 22980
HUMES J. FRANKLIN TELEPHONE 949-6191
HUMES J. FRANKLIN, JR. AREA CODE 703
RONALD W. DENNEY May 20, 1983 129 TIME
BUILDING
WILLIAM D.HEATWOLEAVENUE
JEFFREY A.WARD
Andrew D. Evans
Deputy Zoning Administrator
County of Albemarle.
401 McIntire Road, Room 2-2
Charlottesville, VA 22901
Re.: Variance Application for McDonald 's
Shoppers World-Route. 29
Our File # 10,554
Dear Mr. Evans :
Please find enclosed one copy of the Site Plan in
the above-style matter, for both the drive through and the
play land.
I remain,
Yo rs truly,
Hum J. Franklin, Jr.
HJFjr/epl
Enclosure
cc: John Opstad
Effective May 5, 1982 )The actual costs of any noticf equired under the
code shall be taxed, the applicant, to the extent ,,...' the same shall
exceed the applicable fee set forth in this section.
Variance Application # VA-83-28 RARE, INc.
Application Fee = $20.00
Postage Costs = 3.80 ( 19 Letters @ 20 = 3.80 )
Ad Cost = 17.68 (Runs Twice in Newspaper)."
Total Costs = 21.48
AMOUNT DUE: 1.48
Pe9/,
-7 4)-0
Effective May 5, 1982 - The actual costs of any notice required under the
code shall be taxed to the applicant, to the extent that the same shall
exceed the applicable fee set forth in this section.
Variance Application # VA-83-37 RARE, Inc.
Application Fee = $20.00
Postage Costs = 4.60 ( 23 Letters @ 20 = 4.60 )
Ad Cost = 19.53 (Runs Twice in Newspaper)
Total Costs = 24.13
AMOUNT DUE: 4.13
l�f
G pF ALgD77 ks*
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Ny
ROBERT E.VAUGHN MICHAEL. C. MICXELL
DIRECTOR OF INSPECTIONS Inspections Department Assistant Building 'Official
ZONING ADMINISTRATOR
BUILDING.ZONING.SOIL EROSION ANOREW 0.EVANS
JESSE R. HURT FIRE PREVENTION DEPUTY ZONING ADMINISTRATOR
DEPUTY DIRECTOR OF INSPECTIONS
401 MCINTIRE ROAD. ROOM 2-2 IRA 8. COHrrl
CHARLOTTESVILLE.VIRGINIA 22901-4596 FIRE PREVENTION OFFICER
(804/ 296-5832
January 13, 1983
McDonald' s Corporation
Attn: Gene Kupkowski
3101 Popularwood Court
P.O. Box 95182
Raleigh, NC 27625
Re: McDonald' s - Proposed Playland
Dear Mr. Kupkowski :
1''m responding to your plan regarding the playland for your unit on Rt. 29
north in Charlottesville, Virginia. •
Pursuant to the regulations on parking in the County Ordinance, a variance
would be required. This variance would be the elimination of the five (5)
spaces.
The variance would be reviewed by the Board of Zoning Appeals. If the Board
of Zoning Appeals granted the variance, then a revised site plan must be
submitted for approval by the County Planning Commission.
I 've enclosed a variance application which has to be made and signed by the
owner of the property, or the application may be accompanied by a letter of
authorization from the owner to act as agent in his behalf.
The meetings are held once a month, and someone has to be present to represent
the petition. As a suggestion , some pictures of present units as the proposed
one, would be of some assistance in review of your application by the Board
members. •
•
You should contact someone in our Planning Department for assistance in
preparing your revised site plan.
Please find also enclosed a meeting schedule for both the Board of Zoning
Appeals and Planning Commission.
Nor
STAFF REPORT
VA-83-28. Charlottesville Shoppers World Associates, Ltd. - owner
RAHE, Inc. - applicant
Tax Map: 61M
Parcel: 12-1C
Zoned: PD-SC
Existing Activity
Shopping Center
Proposed Variance
The applicant requests relief from Section 4.12.6.6.2 of the Albemarle
County Zoning Ordinance (Specific Schedule of Parking Requirements)
to allow 779 parking spaces; a variance of 14 parking spaces.
Zoning Ordinance Requirements
Pursuant to Section 4.12.6.6.2, in a shopping center there must be 5.5
spaces per each 1,000 square feet of gross leasable floor area.
Staff Comments
According to the plan submitted with the application, more than fourteen
(14) spaces will be eliminated. The applicant should explain the discrepancy
of the plan versus the application. Our recommendation would be Planning
Commission approval of the amended site plan, if the Board grants the
variance.
Atao, 'or
LAW OFFICES OF
FRANKLIN, FRANKLIN AND DENNEY
P.O.DRAWER 1140
PARTVERS WAYNESBORO,VIRGINIA 22980
HUMES J. FRANKLIN TELEPHONE 949-6191
HUMES J. FRANKLIN, JR. AREA CODE 703
RONALD W. DENNEY TIME BUILDING '..
WILLIAM D.HEATWOLE 129 N.WAYNE AVENUE
JEFFREY A.WARD
May 10, 1983
Andrew D. Evans
Deputy Zoning Administrator
County of Albemarle.
401 McIntire Road, Room 2-2
Charlottesville, VA 22901
Re: Variance Application for McDonald`s
Shoppers World-Route 29
Our File .10554
Dear Mr. Evans:
Thank you for your letter of May 5, 1983. I have enclosed for
your information and review the ground lease between Franchise
Realty Interstate Corporation and Shoppers World Associates, a
Limited Partnership. I have enclosed the first three pages of
that lease and direct your attention to paragraph 7 of the lease
which we maintain gives us the authority to file the application.
In order to complete the file I also am providing you with the
cover page of the sublease between Franchise Realty Interstate
Corporation and Mr. and Mrs. Hendricks, the owners of RAHE, Inc.
I trust that with this information you will be able to process
our variance application. By copy of this letter to Mr. John
Opstad, the operations manager, I am asking that he provide me
with a proposed site plan for the drive-through and playland.
I remain,
our( truly,
es J. Franklin, Jr:
JFjr/vsp
Enclosures
cc: John Opstad ,A ,r It 'L