HomeMy WebLinkAboutVA198300086 Application 1983-10-26 i
{ ,•
1 .
1
II
hby 3. Toms eke THIS DEED, made this 4th day of'April, 1968, by and be-,
1
: B/S ASHBY S. TOMS and MAMIE J. TOMS, his wife, JOHN BLAND TOMS,
jtween
bert L. Martin, Jr. � a widower, MT_NTIE W. TOMS, a widow, and RACHEL T. SHORT, a widow,
(I ,
.▪ Tax 10.00 !jhereinafter referred to as the Grantors, and ROBERT L. MARTIN, JR.
ans. 1.00 I!
e _7.00_ hereinafter referred to as the Grantee,
. $ 48.00 j
W ITN E S S E T H :
sled to:
. Eugene J. Metzger That for and in consideration of the sum of Twenty Thou,-
25 Starr Jordan Drive
nadale, Virginia 4/26/68 L sand Dollars ($20,000.00) , of which $2,500.00 is cash in hand paid',
the receipt of which is hereby acknowledged, anc'' the balance of
Ii
$17,500.00 satisfactorily secured by a deferred purchase money
I� deed of trust recorded simultaneously herewith, the Grantors do
1
I
hereby GRANT and CONVEY with GENERAL WARRANTY OF TITLE unto the
•
said Robert L. Martin, Jr., all that certain tract or parcel of
j1
land about 4 miles north of Covesville in Albemarle County, Vir- '
o
II
ginia, at the headwaters of the South fork of the Hardware River,
�I
fronting on State Route 698, identified on the Tax Maps of said
I I
NCounty as Parcels 3 and 12 of Section 97, containing 175 acres,
it more or less, but this conveyance is in gross and not by the acre,'
composed of the following tracts:
II
Ii (1) A tract of 103 2/3 acres, more or less, in which
John Toms inherited a 1/9th interest upon the death of his
father, Chastian Toms, and acquired the remaining 819th in-
terest by deed of Thomas J. Kent and others, dated July 8,
1890, and recorded in the Clerk's Office of the Circuit Court ,'
of Albemarle County, Virginia, in Deed Book 94, page 167;
•
j (2) A tract of 12 acres, more or less, conveyed to
1 John Toms by deed of Garland Toms and wife, dated August
I 25, 1894, and recorded in the aforesaid Clerk's Office in
I Deed Book 101, page 374;
i
(3) A tract of 5 acres, more or less, conveyed to
John Toms by deed of Garlant (sic) Toms and wife, dated •
February 6, 1907, and recorded in the aforesaid Clerk's Of-
fice in Deed Book 139, page 238;
I
imam unln•it And
AfOK,S AT LAO
CHAIILOTTSSVI:LC.VITGUOA
1/41101 it
1. 1
i$
a
i
•
' kkosei rr
(4) A tract of 15 acres, and a tract of 5 acres,
�1 conveyed to John Toms by deed of National Bank of Char-
lottesville, Virginia, dated October 28, 1925, and recor-
ded in the aforesaid Clerk's Office in Deed Book 195, page
102. '
The said John Toms died testate and by the terms of
his Will, dated March 4, 1929, probated November 11, 1929,
and spread in the aforesaid Clerk's OfficC' in Will Book 34,
page 406, devised the aforesaid property to his sons, J. B.
Toms, Bernard T. Toms and Ashby S. Toms.
(5) A tract of 331 acres, more or less, conveyed
to J. B. Toms, B. T. Toms and Ashby S. Toms by deed of
George Gilmer, Commissioner, dated April 11, 1947, and re-
corded in the aforesaid Clerk's Office in Deed Book 273,
page 280.
The said B. (Bernard T. Toms died testate and by
the terms of his Will dated May 8, 1958, probated Sep-
tember 2, 1965 and spread in the aforesaid Clerk's Office
in Will Book 43, page 1, devised his interest in the a-
foresaid properties to his wife, Mintie W. Toms, for life
with remainder to his daughter, Rachel T. Short.
The property hereby conveyed is subject to rights of
Iway granted to Appalachian Electric Power Company by instruments
(dated April 26, 1946 and July 1, 1947, recorded in the aforesaid
'Clerk's Office in Deed Book 268, page 3'_5 and Deed Book 275, page
209, respectively; and to an easement granted to Virginia Telephone
1andTelegraph Company by instrument dated September 8, 1966, and re-
1
I
corded in the aforesaid Clerk's Office in Deed nook 422, page 325. ;
1
1 The common boundary line between the property hereby i.i
conveyed and the property now or formerly owned by Walter H. Meh
• I
ring, Jr. and wife, was established by a deed between the parties,
I
dated February 15, 1958 and recorded in the aforesaid Clerk's Of- .
fice in Deed Book 338, page 562, with plat attached.
1'
Subject to the foregoing matters, the Grantors covenant'
with the Grantee that they are seised in fee simple of the land here-
by conveyed; that they have a perfect right to convey said land; that
.u.mu.uew.sr,a.. they have done no act to encumber said land; that the Grantee shall
•fOM,U.r l..
CM.0l0rTL$WILLC.ruGINIA
1 —2—
1 i
I
,.., ! ' mi
, ,
f .
1 `...
cei..0
1 .,
—c----
c:(
i e•-• '
I •.,,,, ',...‘
\ \
1
---..... \ '\,
i 13N 1
r \
1 ,
\ .
...!
K.-`•••-....._____—.---
..---------------- (
,i1242 „.-.------,----"--
7... ....„
l
07
r.,.
. .
/
..-
...
..-
-----
....-/
idI
I
. . •
c. / , ‘ 7
....N / .
. .
z ./.
r4
_,-
,
'e...• ..---2..., ,
NJ
•
L'\
: , ... .
, ...•'
..._. X
,,, LBEMARLE COUNTY q A _ 3
85
'j / V i� / > .
,,,,„_,..4, // ) I
i ,,
\ il I '1
/ , ,
\s %1N' /' I\I
a .
/
1 �._._.,._-_ -' •
.,...,. ,f."....!..
,.
. ,
- \ , ,,
, i 1, - )//\\ ,) ,
-,„___ / ____, - ,,,- ‘ ,
\ / / 1
Ini ev4T\uoptp._ rv7,- )11
t:T
2A � \ 15 f 20
y ) i
) 1 a
\( / \
.,
\
' -, ,
14 14A/L
_ \
( 1 • i , . "-/-,--/ '
i ( / / / 12A / 1
- - --i 4- / 7-.7"• ,
\------, / / / 3 / „"
/ /
/ ' .':'' it. 1
/2
- _. . ft __,
_.
,--- ,,_ . Y /�'L. 23---------- / /
/---- / iv \/ 1 \ i'
sA '\ 1
441
/
\ x
/ '41 y
� 3 , � 114 / 1
E MI LER
��fp+ xc
70 � 11 i 0I ST. Y -7 I"."4
24 (/_
C }
\ ( 4 ,j
P' 0 \ 4" . \ io / „..-- '-\-'
\ 1 \ / 21 \
AEVISEO 1949--J lY 1933-.tG.193
x
SCALE IN REST SCQTTSV I L L E A N D
ar '°` �� q4Y �"' SAMUEL MILLER DISTRICTS SECTION 97
STAFF REPORT
VA-83-86. James Russell Martin
Tax Map: 097
Parcel: 12
Zoned: Rural Areas, RA
Existing Activity
Single-Family Dwelling
Proposed Variance
The applicant requests relief from Section 10.4 of the Albemarle County Zoning
Ordinance to allow a single-family dwelling to be located 51.64 feet from
highway right-of-way, a variance of 23.36 feet.
Zoning Ordinance Requirement
Pursuant to Section 10.4, all structures shall be located seventy-five (75) feet
from the front property line.
Staff Comments:
The applicant was issued a building permit in June of 1983. The footing was
inspected on June 17, 1983, and those setbacks were to have been measured.
The house was located on a parcel of 118 acres at the time, and since that time
6.477 acres have been subdivided from the 118 acre parcel. The exact
location of the house was found to be in violation when the survey for the
6.477 acre parcel was done in October, 1983. The topography of the property
could have warranted a variance in this situation irrespective of the error
in the setback. There was a limited location for the residence.
$20. Permit Fee YuiLd 'mJy� 00 Application
Sign Erected By:`'' .,, , Staff: I Ai l O C
Agate;IT MA. ' l'PPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5832
Date of Application I I - 3 , 19 3
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: ._)a Me 5 RL.1552 u ' I 1 Name: s
Address: 3� ( 3C c�( 3 Address:
COOP 149 \1 �a 13
Telephone\*`'�(1 9 -- o.(c)71 5- 9_9 cJ 101 Telephone:
te
Location of Property: , 3 c2,7) < 4/
(Li— c)- t Co 3
Tax Map 0 ( n Parcel ' ---(part- Acreage (0, (0()
Existing Zoning District (1KLQ-Q D,,
F resting Use: S 1
Variance sought (describe briefly relief sought) :
dkk - Y Sec -A
, 1)-t '&1 W\Q-QP041d. epar\b Warnafvu.—
t RAPA) cg —cA oij ,\ GUikkur.c) k Q-Ca
. - -1,(49L( 0,_
\) • szst) 61 ,3(4, 0
114
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.
//- 3- 53
icant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: Q(i J )Q Final Decision Made: /1( . /3, /I f 3
The variance sought was with the following conditions:
Affiz-otiedt/ ki U Co�vC�/ rn_n1S
. Speria7 Use Permit# BOARD OF ZONMG APPEALS
Sign Permit# BY:
Building # O 3^G( 1) n-R
Date
Permit O O
GAR' b\°
Physical Survey of
6.477 Acres of Land , the Property of -11\(
James Russell Martin,Located on State Route 698
at the Headwaters of the South Fork of the Hardware River about 4.0 Mi.
North of Covesville , Albemarle County ,Virginia.
Scale = I" = 1 00' October 28,1983
too' 50' 0' 100'
- ... 11111111111111111.11
MUM -
75' 25' 50' 300'
Gloeckner, Lincoln & Osborne,Inc.
Charlottesville ,Virginia
Tax Map 97 • Parcel 13 \
Cider Creek Partnership
D.B. 678 . 582 \ \
N 47°05'52"E •
N73°42'40"E 62.65' \ THIS IS TO CERTIFY THAT ON Oct Z8, tg83 ,
51.0e' 14ee°01122"E I SURVEYED THE PROPERTY SHOWN ON THIS
N67°51101"E le 9o' •(Set)
Iron \ PLAT AND THE TITLE LINES AND WALLS OF
46.51 N76.22'34"E THE BUILDING ARE SHOWN HEREON.
N50°17'37"E 65.05' .o
61.34' . ' „
N
N 49°44'22"E w w 1
66.e6' lane , u, o
• Note Fence is Property -;1� ' Note : This Property Lies in an Area
Designated as Zone C (Area of
it'‘
Line by Agreement of Iron - Minimal Flooding) on Flood
4e the Adjacent Owners. (Set) ce Insurance Rate Maps by the
Federal Emergency Management
Iron (Set) at ', 4 \ Agency.
12" Dead Pine r \
N \ kP O \
U60t"O• •%- Building Setback \
Line =---r-\ \ O9
.Iron \ Iron • \�
(Set) • .\ (Set) sv9O \
N19°53'26"W •3e' \6
66.39' ,\ 9 'OG F93
Mon \ fe N 39
Met) . N N.
'a• cos
° ' w ,� 9 POMer
N34 s ' W Iron 6.477 Acres .� °4' x un.
(Set) . D.B. 776 .489,490(Plat) •N Iron • .9,
° " N ,(Set) 4 ','6'
N42 3T 41 W Iron SEPTIC GRAIN FIELD ® \
65.26' (Set) • APPROX. LOC. NEAT PEAT e~Y•� rO•
Ili \
N 3111°31'52"W I Story PromTER ' ( et)
93.32 Dwelling
Iron . , `e '," 13
� N :-
UTILITIES
(Set) "N e"ouNa
—+` w 0
APPROX.LOC.• N I
'1 a 8
�' Pole
49 Iron O) I
Tax Map 97•PfNr el 12 a*O Grave
l�•f (Set) "
0.3 e•• Drivel : I
Josie Belle Mc'tin w :.,.. (
W.B. 46 . 441 -
a N
J D.B. 442.140 of �, 40 O
0
14/4s. •eft
0 Well \
toMIMI ► w oo 160 Iron
• ,a° (Set)
NO. Oa Iron S
(Set)
1.5 Mi.* To
sT RT. s33• *0 U R E+r .
Y.1 11690