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HomeMy WebLinkAboutVA198300055 Application 1983-06-14 $20.. Permit Fee _- 2-P Application No. �✓ �-,j j Sign Erected By: j, - Staff: APPLICATION FOR VARIANCE Zoning Department 401 McIntire Road Charlottesville, VA 22901-4596 County of Albemarle 296-5832 Date of Application L > 02,5- , 19 $3 . OWNER OF PROPERTY OCCUPANT (If other than owner) Ceti/2 k . f Name: 4J3On?i LpOTCtrn,d Name: ?du/cY 1r c i'd /U e.a r c h4 Address: /97 /J /ck / ) Address: R. J B©x c 'd 9 S'ehay ‘907767 34.9 le, 1y,24 a39'6 9 Telephone: (g c y) ''3/-da 3 3 Telephone: ( 'a ) �3/- o?S/V Location of Property: Q11 7/7 d�_ ,; /l'1 i/�J 01-1/L,2) ri 7/7 (Iockc G'ciee,-s cudtk // c . an kotfAtiRsf s:di v ' Ai 7/7) Tax Map /2 7 Parcel 3 ,31 Acreage (') /o?i c CCS Existing Zoning C// (/��.��L th<�,a f � District Seo/AS 'i/.e Existing Use: Ct,1 o c(,_ - vim. .✓7� Variance sought (describe briefly relief sought) : &r-e) 144/`; rce& /0 rddd one 1- ui/ ive/I/ OP 6496-"d ��/. oc' 4 o of p ureAsers W-6 6E4) /„n,4d i /Sd Good i cfi/o Ace&u.S t) r c(Liror tc 4ses > SQ// any d dam/ c)efel f, Tp i(3/4.. and (Verdi/ �s/h�► d( YkS /cP/ su,%xfi a /a ;(0/ hound&ry l 7 `n .i c. ca s n /SO dc► /4V/ - �ia-n !o. 4 c Co ) c--14 .,..n ',c O�.0 u-) 0- 4 o G'..o-� t 15 9 ' e P ' an .o..i\ 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. Gl`� /L474-7( / scant �t 1% 7/ u.2d\ 7/;-e/g3 FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: �((��,, qa3 Final Decision Made: h'. The variance sought 'ed/approved with the following conditions: h t r"." Pr 00 A,v 1/4)rik.. (Ai ebv t Special Use Permit# BOARD OF APP Sign Permit# • /` e9 te! Building Permit# n'Z9'01 1' E, (42 g3.3-i A6".15 7 50.0'- IRON • (SETT TAX MAP /27 N73°30'S2'.W 71.22' PARCEL 4 MI TCHELL O. CARR HENRY W. BUTLER A/53°3606'W T. M. 126- 21 D. B. I84 -293 /26.82 N/3°47 35'Ly NOTE: //8.87' GREEN CREEK THE LAND USE REGULATIONS N37°a/•3j'{y LISTED BELOW ARE IMPOSED /29.69 PURSUANT TO THE ALBEMARLE N45053'18'4 COUNTY ZONING ORDINANCE N4S37/9 • ~H' ---� 26.18 IN EFFECT THIS DATE AND A//0044'W �� N.47°44, ARE SHOWN FOR INFORMATION . /45. \ 66 26 E co PURPOSES ONLY. THEY ARE/ o) f fff o NOT RESTRICTIVE COVENANTS N62°O7'/2"W //5 90, 1444.26' ro RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS /5.3/2 ACRES PLAT IS NOT INTENDED TO IMPOSE N58°43'43.W' D.B. 337-48 D.B. 262-/80 THEM AS SUCH. 98.79 O.O. /65-I/6 THE 15.3/2 AC. TRACT IS ALOTTED NO DIVISION RIGHTS. ,,sue- . r IRON 50.0' PARCEL 5 TAX MAP 127 40.68t AC. O4 (3E77 b RETAINS 4 DIVISION RIGHTS. A RESIDUE V • ry T . M. 127- 5 ,* 330.641 (4 D. B. 337- 48 ,� D.B.165-116 ry N• API IRON(SET) N 25.0 °48 w . \ S79°38,Z5 S 68 0 , S 75 02 p8 W 37 42.0d „� I RoN(SETI S86245 W 17.72 LCXJISE CAK/LR LZANE Sgge36)*24•g8, 1 • TAX MAP/27 PARCEL 3 GEORGE A. CRITZERJ?88 di, BA (POPLAR PL ON N R TAX MAP /27 PARCEL .31 APPROVED BY THE PLANNING DIRECTOR: PLAT OF /5.3/2 ACRE TRACT, A PORT/ON OF THE - PROPERTY DESIGNATED ON, TAX MAP /27 AS PARCEL5, - SCO/TSV/LLE MAGISTERIAL DISTRICT, ALBEMARLE pLT1� COUNTY, V/RG/N/A o�.Z•',E c7,r,k FOR PAUL NEUROTN o R. 0. SNOW %•:,.,...14:s� LE; / =500 DATE: 8- 8 v CERTIFICATENo. Sao 250 0 300 /OO 54 17 3(a)543 , `;, 54-17-3(b)101 r P.O.SNOW d R.$'.RAY, INC. T�� 4- CHA RI.OTT ESVILLE, VA. /e L0 ' O L4VVD SOlt • 5145 — A b 104 mD-P t-.a1 > BEMARL,E COUNTY 3./) 7- r / .. ( / / \s \, ---... 'a 34 )1/ I / \k \ Ni 3 '•:„ / ,V. \ .. R/ • . -Life . / 6 ''' 4.), ' ' -- 4410 ' "•-;:::'1:''"r'''-- gill "e ‘‘‘.. , /. 41\0 .34 3f.,..4•- ,r. 7-....,H37 J. /� �,` Zf / % \ r" 11 -.1112111.44.. .....,;„,- /. . 211-- N. g:.•N , // I 1 \ iligt Itir4 24 .„7„, / .,./N \ ,/ \: 12 A. x4:11,( ,, .. ..... ‘ .2.. 2. _�. C /*4 2x • ii • ., 4...---v- . ) • 4. N././ \_____/ ›{N' -'11 \It...... , 13 ` j - l \\• \ , \ \ / ..' -...---7_______/ V . /r4N.,, • .,/) / -,/ i 4. . N 1. / \ 0 -——---—7 A.--x, ,� 3. )/ I X / /-... / / sN / ^ l j s 1 M r IV/16 II TT. ....\,.../.. 7 Ika `\ 'j / CIA p / \� 72. 71 / MA 73 133 sews a no SCOTTSVILLE DISTRICT SECTION 127 Copy 1„/ 4 20/7::5 & . 012 THIS AGREEMENT, made this 4th day of August, 1983, by and between Naomi 0. Lipscomb and Earl T. Lipscomb, her husband, (hereinafter referred to as "Seller") and Paul H. Neuroth and Patricia N. Neuroth, husband and wife (hereinafter referred to collectively as "Buyer") , W I T N E S S E T H : That Seller agrees to sell and Buyer agrees to buy the hereinafter described real property upon the terms and conditions as hereinafter set forth: 1. PROPERTY: All that certain tract or parcel of land with all improvements thereon and appurtenances thereunto pertaining, situated near Old Dominion in Albemarle County,* Virginia, containing approximately 12 acres, more or less, fronting 150 feet on State Route 717 and being a portion of the property described as Lot 1 on plat of M. M. Van Doren, Deputy SAC dated November 23, 1914 and record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 165, Page 116, being a portion of the property conveyed to Cary W. Drumheller by James S. Harris and wife by deed dated February 16, 1945 and recorded in the Clerk's Office aforesaid in Deed Book 262, page 180, a life estate in which was conveyed to Florence O. Drumheller by instrument recorded in Deed Book 337, Page48. 2. CONSIDERATION: Buyer agrees to pay for the property the sum of ONE THOUSAND DOLLARS ($1,000.00) per acre. The final acreage will be determined according to a plat as described in paragraph 6 of this agreement. The purchase price shall then be the total acreage shown on that plat multiplied by $1 ,000.00 per acre. The purchase price shall be paid as follows: (a) $1,000.00 has already been paid to the Seller, receipt of which is hereby acknowledged. At closing, this sum shall be credited against the total purchase price: herein establisheti. (b) Balance in cash to be paid to Seller at closing. I - . 4:111H 3. CLOSING: At closing, Buyer shall deliver to Seller the balance of the purchase price in cash hereinbefore set forth and Seller shall deliver to Buyer a General Warranty deed as hereinafter described, properly executed by Seller. 4. POSSESSION: Possession of the property shall be delivered to Buyer at closing, free of any claims of right by tenants or parties in possession. 5. CONTINGENCY: This contract is contingent upon the Buyer being granted a variance from the appropriate authorities of Albemarle County enabling the property to be subdivided so that the parcel of land hereinabove described can be built upon while having only 150 feet of road frontage on State Route 717. The parties hereby agree that, it shall be the Buyer's responsibility to make all necessary application to the appropriate governmental agencies to effect all necessary approvals to subdivide this property and the expense of the same shall be borne by the Buyer. Should this contingency not be met to the satisfaction of the Buyer, then Buyer reserves the right to declare this contract null and void and Seller shall promptly return to Buyer the $1,000.00 heretofore paid and all parties shall be released from any and all further obligation pursuant to this agreement. 6. PLAT: Seller hereby agiees to be responsible for the preparation of any and all plats necessary to convey title to this property. 7. GENERAL TERMS AND CONDITION: (a) Seller agrees to convey the above described property to Buyer by a standard General Warranty deed with English Covenants, of Title, free and clear of all liens and encumbrances. This deed is to be prepared at the expense of Seller, and Seller further agrees to be responsible for the Virginia Grantor recording tax. ' 1 (b) Buyer shall have the right to have title to this property examined at his own expense and in the event any defect in title is found, L. _ p 410 410 . then he shall give Seller notice of such defect and Seller shall thereafter have a reasonable ' time to correct the same. Should such defect not be cured within a reason period of time, then Buyer shall have the right to declare this contract null and void and have all sums payable pursuant to this contract returned to him and all parties shall thereafter he released from any further liability hereunder. (c) Buyer agrees to pay to Seller prorated share of the remainder of 1983 real estate tax. All prorations should be made as of the date of closing. 9. COST OF ENFORCEMENT: Should either party to this agreement default in the performance of any duties herein undertaken, then the non-defaulting party. shall be entitled to I , collect from the defaulting party all expenses incurred by the non-defaulting party in enforcing this agreement, including . . reasonable attorney's fees. This Contract constitutes the entire agreement by the 1 parties and may not be amended or modified except by written 1 ' agreement joined into by all of the parties hereto. This Contract shall be construed according to the laws of the Commonwealth of Virginia. _/-' Y / WITNESS the following signatures and seals this '- day of August, 1983. , e C), (. -1,t-.2 Naomi O. Lipscomb, Seiftr i ../0 / '„i- --;:-/41.e"..---,14, "-- Earl I. Lipsco , Seller ,; . .' / /() t ://: t,cf // 11.C.-tu.rn Paul H. Neuroth, Buyer ( / - Patricia N. Neuroth, e uyer t T ' 1 - \____)i-V6 , •ctf OF AL$z y OF��q� ( , DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT 401.Mclntire Road Charlottesville, VA 22901-4596 August 17, 1983 I Paul & Patricia Neuroth Rt. 1, Box 239 Schuyler, VA 22969 i RE: Neuroth Waiver Request (TM 127 , parcel 5 portion of) Dear Mr. & Mrs . Neuroth: The Albemarle County Planning Commission, at its meeting on August 16, 1983 , approved your request for a waiver of Section 18-28 of the Albemarle County Subdivision Ordinance. This section of the ordinance requires plats to meet all the requirements of the Zoning Ordinance including the requirement for 250 ' of state road frontage. Prior to the signing of your plat noting a creation of 15 . 312 acre parcel with 40 . 68 acres in residue (TM 127 , portion of parcel 5) , the following conditions must be met: a) Note present owner' s name on the plat; b) Provide written Health Department approval; c) Provide Virginia Department of Highways & Transportation approval of private entrance. Be advised that this approval is valid for eighteen (18) months from the date of the Commission' s approval and if the plat is not signed within that time, the approval will be void. Also, please note that the Subdivision Ordinance requires that the plat be recorded within six ( 6) months of the date it is signed or the approval will be void. If you should have any questions , please do not hesitate to call me. Sincerely, J ( ' '''r%--1--(- 11 7:411-1-14-1r, . Katherine L. Imhoff Senior Planner cc : Planning staff , Mr. Robert Vaughn Ms . Ellen Nash Mr. R. O. Snow v STAFF REPORT VA-83-55. Paul & Patricia Neuroth, Contract Purchasers Naomi Lipscomb, Owner Tax Map: 127 Parcel: 05 (part of) Zoned: RA, Rural Areas I I Existing Activity Vacant Proposed Variance The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance to allow a parcel to have 150 feet of frontage on an existing public road; a variance of 100 feet. Zoning Ordinance Requirement Pursuant to Section 10.4, all parcels must have 250 feet of minimum frontage on an existing public road. Staff Comments We find that the 150 feet of road frontage will not affect the property in relation to site distance at the road. The topography is such that the additional road frontage property would not offer any suitable building sites. Our only recommendation would be that the variance approval be subject to Planning Commission approval of the subdivision.