HomeMy WebLinkAboutVA198400056 Application 1984-08-14 t
$20. Permit Fee Application Nc IA -- 0`7 - 5
Sign Erected By: 7,,,, 1 [\ 25 Staff:
' APPLICATION FOR VARIANCE `l - ,- `- AD . 0-5 he o tr\
Zoning Department �,,"„
401 McIntire Road D<i(2 - (9 ( vzi
Charlottesville, VA 22901-4596 ��
County of Albemarle ) 5
296-5832 4-- bc)d
Date of Application J u t y 'lc. 10, , 19 8zt
OWNER OF PROPERTY i1'io-dut j Pi Ci l GU,Or.tin C u n bra c
06L' (If other than owner p`�' 5
c j EpN 8. Pi .QELL�
Name: INA its A.,,.) W, ME2f2ELL,Sa. Name: lc.A2 L- 41)MA. 13nrit4i£e_
Address: Ivy La)JE, Address: 1 f3.,34 5. &rLf,3&S 1c)a.ra
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Telephone: L 294„. (plbit. Telephone: ( 215-5437
Location of Property:( * 2 1 V y La 5 rn.let l N ti To,J ) it _A4-i-e- iv-ri ia-i 1z
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Tax Map (pb E (j) — C- 3 Parcel aF Lta'T`t''F PG Z(OW GF 41'.- cr e9 7 Ac,
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Existing Zoning RA District 54M0EL M ILL Eli
Existing Use: S ;NCLE r-brn Y 2E.,SI Drtc..E
Variance`sought (describe briefly relief sought) :
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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.
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FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: %A, �- I L. 1 2 Final Decision Made
The variance sought was ded[approved with the following conditions:
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STAFF REPORT - VA-84-56
APPLICANT: Merrell, Allen W. or Jean B. - Owner
Karl -Adam Bonnier - Contract Purchaser
TAX MAP/PARCEL: 60E(1)/C3
ACREAGE: 4.97
ZONING: RA (Rural Areas)
LOCATION: North side of Ivy Lane in Farmington Develop-
ment, 300 feet from the intersection of Ivy
Lane and Oak Circle
VARIANCE REQUEST
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance to allow an addition to a single-family
dwelling to be 25 feet from the front property line, a variance
of 50 feet.
AREA CHARACTERISTICS
The residence is located on part of the higher elevation of the
lot. The elevation of the lot lowers somewhat at the rear of
the house. The guest portion of the house is less than 10 feet
from the front property line. There is a view easement located
on this lot. (as shown on the plat) Large pine trees aline
the entrance way to the applicant's lot. Residences are located
on the adjoining lots 1, 21 4, and across the road.
ZONING HISTORY
The Board of Zoning Appeals granted a variance, VA-78-19 on May 9,
1978 from Section 4-3 of the Zoning Ordinance to allow an addition
to be located 22.34 feet from the front property line, a variance
of 7.66 feet. The variance was granted on property known as County
Tax Map 60E(1), Parcel C-1 (Lot 1).
The 1.658 acre lot has a topographic situation and to maintain
and preserve the harmony of the architectural design, the variance
was needed. The existing house was located less than 27.5 feet
from the property line. This lot (1) adjoins the applicant's
property. The property was zoned R-1 at the time of the variance
process.
COMPREHENSIVE PLAN
This area is designated open space (rural areas) and provides
for a maximum density of one (1) dwelling unit per two (2) acres.
STAFF COMMENTS
The applicant's property was zoned R-1, residential until December,
1980, when it was changed to RA, Rural Areas. The house is non-
conforming in the fact that it was constructed prior to the adoption
of any ordinance requirements. The existing structure does not
conform to the set -back requirements being less than 10 feet from
Page 2 *...
STAFF REPORT - VA-84-56
Karl -Adam Bonnier
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the front property line. Any enlargement or extension of an
existing structure must conform to the provisions of the ordi-
nance relating to the district in which the structure lies.
STAFF RECOMMENDATION
The existing house encroaches on the setback as required by
the Zoning Ordinance. All roads in the Farmington Develop-
ment are private and will not require any future right-of-way
dedication.
The variance on lot 1 was partially needed because of the
properties topography. In the case of this application, the
topography is not as much a positive factor as shown by the
proposed addition location. An addition could be added at
other portions of the house.
The situation is unique in the fact that houses are so located
on the property in the Farmington Development. The staff feels
that the applicant's proposal would not be any detriment to
any adjoining properties, but has not provided any justification
for recommending approvalother than the need for additional space
and architectural design. Based on the above, we recommend
denial.
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Al. 1ARLE wEr3) COUNTY
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VA-84-56. Karl -Adam Bonnier
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Tax Map 60E( ) , a -",�-
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SAMUEL MILLER DISTRICT
FARMINGTON INSERT SECTION' 60E.'.^
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(604) 295-E497
(804) 296-5353
July 20,1984
HEYWARD, LLORENS & BOYD +++ WEST HIGH STREET
ARCHITECTS CMARLOTTEBVILLE. VIRGINIA
22901
The Board of Zoning Appeals
A1bP.marle County
County Office Building
401 McIntire Road
Charlottesville, Virginia 22901
Dear Board Members:_
The owners of the property No.2 on Ivy Lane, Farmington are Merrill's.
In their behalf we are asking for a set -back variance. Since they
bought the property Mr. Merrill has died and Mrs. Merrill has become
an invalid in Florida. The property has been on the market since October
19,1983. The people who have made the only valid offer have to have
additional space due to the size of their family. The price offered
will mean a considerable financial loss for Mrs. Merrill, but it is
very important for her to eleminate the carrying costs.
Farmington did not put the road in the center of the right of way, but
far to the other side. There is no possibility of Farmington widening
or moving the road. So, many previous owners have assumed much of the
right of way belongs to them, and by use for almost 50 years it does.
The planting and terrain give the house privacy. And, actually, up till
two years ago when the county had a 30 foot set -back what we are adding
could have been made to conform.
The wing has to be where it is, because the small children need to be
supervised in the play roan from the kitchen. In addition, the traffic
to their quarters cannot go thru all the main roams of the house.
Farmington has approved on the aesthetic lines.
sbingerely,
Henderson Heyward
7
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September 17, 1984
I, Mary Ashcom, picked up a copy of the durable family power
attorney for Jean B. Merrell for VA-84-56.
Signature Date
NAY OF AL8'E4f .�
O� { * A �R<
C F
J. BENJAMIN DICK
ZONING ADMINISTRATOR
Henry J. Browne
Route 1, Box 149
Earlysville, VA 22936
Inspections Department
Zoning Division
414 EAST MARKET STREET
CHARLOTTESVILLE. VIRGINIA 22601 ANDREW EVANS
(804) 296-8632 SENIOR INSPECTOR
May 11, 1978
Re: Board of Zoning Appeals Action
Dear Mr. Browne:
This letter is to inform you that on May 9, 1978, during the
regular meeting of the Albemarle County Board of Zoning Appeals,
your application for VA-78-19 was granted.
If you should have any questions, please contact the Zoning
Administrator.
Respectfully,
7
J. Benjamin Dick
Zoning Administrator
JBD/gr
cc: ✓VA-78-19 File
Building Permit File
"%W STAFF REPORT :,me
VA-78-19. Henry J. Browne
Tax Map: 60E(1)
Parcel: C1
Acreage: 1.658
Zone: R-1
Existing Activity
Single-family residence
Proposed Variance
Applicant seeks relief from Section 4-3 of the Albemarle County Zoning
Ordinance to allow an addition to a single family residence to be located
22.34 feet from the property line; a variance of 7.66 feet.
Zoning Ordinance Requirement
All structures, except signs advertising sale or rent of the property,
shall be located thirty (30) feet or more from any street right-of-way.
Staff Comment
The applicant feels topographic conditions of the parcel alone dictate
the location of his proposed addition as well as to preserve the harmony
of the architectural design. A wall to the front of the house has a
significant screening effect.
The staff recommends approval with no conditions.
. ,tiv1.T1f co"
1r,HS IS ICI CFP'.TIFY THLT ON ZPR1L 12 , 1978 .ate I.
I (.. i1PVLYLC 11if PhO1-L1-1Y SHO:.'N ON IHIc, Pt AT AND THE TITLE. LINES } CI
AND WALLS OF THE BUILDING APE SHOWN HEF?EON t M. S. ROUOABUS1. JR. x
UCERT. N0. )0
54.17.3 (a) 655
es 54.17.3 (b) 78 4
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PHYSICAL SURVEY OF
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FARMINGTON
NEAR CHARLOTTESVILLE
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aT �: DURABLE FAP'CCIY POWER OF ATTORNEY
1j KNOW ALL BEEN BY THESE PRESENTS that I, JEAN B. R
MERRELL, pursuant to Section 709.08 of the Flor- r
„" ida Statutes, do hereby appoint my daughter, SUSAN M. WEBSTER 2
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t.r and m sons ALLEN W. MERRELLr JR., ' , my attorney in kr
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1 ' 'xr fact for me and in my name, place and stead and on my behalf,
j; R>` i to do at any time any and all acts that I myself might or could
4: do if I were present, including, without limiting the general- to
F o
, P<". ity of the foregoing, the following: ni
+i , =-4 1. To draw and endorse checks on any commercial W
.y w o account or accounts in my name and to make deposits to my
I - ?`� credit therein; to deposit or withdraw sums from any savings J
_"_ account or accounts in my name; to cash certificates of deposit
uo in my name; to cash any coupons or bonds belonging to me; to
w sell, dispose of, assign, pledge and hypothecate notes, stocks,
t :'i a bonds and mortgages; to have access to and power of depositing
r 1 4 in and removing from any safety deposit box standing in my name;
5, and to transact any and all business for me with any bank.
2. To sell, exchange, assign, transfer and set
;1 over any and all shares of stock or other securities at any time
belonging to me, and for that purpose to make and execute all
i. ` OJ necessary acts of assignments and transfer; to receive all stock
certificates representing such stock and all dividends which are
qn.4 or shall be payable thereon, and to give proper receipts therefor;
,ti to vote in person or by proxy upon all such stocks or other
, - ''»`• securities; to exchange such stock or securities in any corpor-
1 ation for other securities issued by the same or by any other oa
corporation at such time and upon such terms and conditions as ,.-
i a " shall seem best; to consent to, or dissent from, the reorganize- o
I, . "... a v tion, consolidation, liquidation, amendment of articles or en
2 a merger of any corporation in which I may own stock or other —
i �' „o securities• , or against which I may have any claim, or to the
11 4''i N, sale or lease of its property or any portion thereof, or to the
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lease of any property of other personas orcorporations to such
corporation, and upon such rrorgarizatlon, consolidation,merger, sale or lease to exchange any stock or securities there-
in for securities issued in connection therewith; to connection .. rc i so
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any rights or options portal rd ng to any stocks, bonds or other
securities, and to make any and all nee.c.sa-rr 1 payments therefor; '
in general to exercise in respect of all crf stocks, lends, and
other investments and securities all the r i, n"s, powers and
.privileges that 1 might exercise. 1.
3. To demand, recover, collect, receive and receipt
for any and all money, goods, chattels, claims, demands, chases
in action, debts, merchandise and effects whatsoever, now due or
4 belonging to me, or which may at any time in the future become
due or belong to me or on my account, Including debts, claims,
choses in action and obligations secured by mortgages; to sell
or assign and transfer any of such mortgages; to discharge them
either on the original instruments, or on the margin of the t
record thereof, and to execute, acknowledge and deliver certifi-
i sates of satisfaction or discharge thereof; to waive priority of
• any of such mortgages in favor of other mortgages; to do all
things necessary to keep alive and in full force and effect any
such mortgages; in ease of loss or damage to any inn.ured bulking
or buildings included within any of said mortgages, to d r nd,
i 1 collect, and receive payment of the sums of money payable by
any insurance companies; and to do all things necessary or proper
t •' i to the full and complete protection of my interests and rights
i i r'w\ i therein, including the right to declare any mortgage debt or
. , debts due because of default in the payment of instsllra:oats of
principal or interest, and the right to institute, prosecute or
defend legal proceedings.
t 4. To bargain, sell and convey in fee si.Tple by deed
with or without covenants of general warranty, or other covenants
i usual or customary sin a warranty deed, or by land contra'A, for
i1 - such price and upon such terms of credit, and to such person,
i persons or corporation, as may seem best, the whole'. or any part
k of any lands, tenements or hereditamcnts owned by me, ar any
f interest, therein, or any and all. interests, estate or dower, or
otherwise, which I now have or hereafter acquire in any and all
i real property owned by any person, and for all said purposes
} to make, enter into, sign, execute, acknowledge and deliver all
necessary or proper contracts, deeds, as ign eats, conveyances
i and releases of dower and to insert UK:rein such covon5at.s I
.� of general warranty against all persons, or any other covenants y
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whatsoever, provisions and conditions as my said attorney may
deem proper; to pay and satisfy all mortgages, encumbrances,
taxes and assessments that may be a lien or charge on any of
said lards, tenements or hereditaments; to receive payment of
the purchase money of any and all lands sold, and of any and all
' promissory notes, bonds, or other obligations received as evidence '#; <
of indebtedness or in payment thereof, and to satisfy and discharge
any and all mortgages securing said purchase moneys. et
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5. To negotiate, execute, acknowledge and deliver
i a lease or leases of any and all real estate belonging to me,
including ninety-nine year leases with or without provisions
i for renewing forever, and also leases containing options to
purchase upon such terms and conditions as may seem best; to
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extend or renew any lease or leases now or hereafter in effect,
for such term, at such rent and with such covenants, provisions
and. conditions as may seem best and to manage and collect rents f.
received from any of my property, and in my name, place and
3 stead to execute and serve such notices as may be necessary to
comply with any laws relative to securing the vacation of any
premises so leased or rented.
6. To effect insurance upon any property owned by
me or upon my life in such amounts and upon such terms as
shall seem fit and proper; to sign any application for such
insurance, any representation of the condition and value of
said property, any agreements, promissory or premium note or
other instruments or documents that may be necessary for said
11. I purpose; to surrender, rescind and procure to be cancelled and
kannulled any policy or policies of insurance and on such cancel-
a lation or expiration of any of said policies of insurance, to
. collect any dividend, return premium or deposit that may be due a
and payable, and. on receipt of the same to execute and deliver
full release and discharge therefor; to assign and transfer any
policy or policies of insurance upon any property now owned, or
` ' hereafter acquired. by me; to assign, or change the beneficiary
] of, any policy or policies of insurance on my life; to arbitrate
or adjust and collect any amount payable to me by reason of any s,
claim under said policy or policies and also appoint arbitrators
or appraisers; and to do all or any things that I might do under
the provisions of said policy or policies.
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i 7. To institute, maintain and prosecute any and
all actions, legal proceedings, or suits, for the recovery of
I the possession of any of said lands, tenements and hereditaments
or for any goods, chattels, debts, claims, demands, rents, duties
or choses in action, due or to become due and belonging to me, e'
and to discontinue or dismiss any such action, proceeding or
suit; to defend any action, suit or legal proceeding whatsoever
that may be brought or instituted against me, and to compromise
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or otherwise terminate any such action, proceeding or suit. .'
'
8. To sell and convey, by bill of sale, assignment
proper instrument of conveyance with the customary
warranties, terms and provisions, for such price or
prices,
upon such terms of credit or otherwise, and to suchperson and
persons as shall seem best, all or any or
property wherever located; to receive payment part of f my p the personal
money of any and all of the n of nycande
property so sold, andany and
all notes or other obligations received as evidence of indebted-
ness or in payment thereof; and to satisfy and discharge any and
all mortga,'..'s and liens securing the unpaid portion of the
purchase price.
r 1
e 9. To buy or otherwise acquire real estate and
p rsonal property of every character and description, including
but not limited to land, buildings, goods, chattels,
merchandise r notes, bonds and stocks, upon such terms and for such
may seem best, and in connection therewith to execute a prices and deliver
r any bond, note or other evidence of indebtedness and to execute,
acknowledge and deliver as security therefor any purchase money
or other mortgage or mortgages upon the property so purchased or
otherwise acquired.
to sign, 10. To accept any bill or bills of exchange or orders; 4
gn, execute, endorse, deliver and renew any and all drafts,
promissory notes, bonds, bills of exchange, trade acceptances and
other evidences of indebtedness, and to waive notice of demand' and protest thereon.
11. To sig
n, execute and deliver agreements, contracts
and other instruments in writing of whatever nature, and to do A and perform generally all and every act and thing whatsoever,requisite, necessary, and proper to be done in the exercise of the
powers herein and hereby granted, as fully, to all intents and
1 purposes, as I might or could do if personally present, with full
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power of substitution and revocation, hereby ratifying and t confirming all that my said attorney shall lawfully do, or
cause to be done, by virtue hereof.
12. To execute on my behalf any and all income or other tax returns, claims, waivers, consents or agreements l
for filing with any federal or state office, board, commission
or department and to appear before any court, board, departJ.
-
ment or commission, federal or state, in respect of any tax x or other matters on my behalf; and to nominate upon any official forms required therefor one or more attorneys to appear on my e 3 behalf before any board, commission, department or court. 4,
13. Generally to do and perform all matters and •
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things, transact all business, make, execute and acknowledge
all contracts, debts, writings, deeds, leases, mortgages, 0
issuances and instruments which may be requisite or proper /`
to effectuate all or any of the premises, or any other matter si
or thing appertaining to me, and to do all other acts apper- $
taining to both my real and personal property, with the same
powers and to all intents and purposes with the same validity
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as I might or could do if I were personally present.
F
The authority herein granted to my said attorney
.� shall continue until revoked by me, or until actual notice of -
my death shall have been received by my said attorney. This
durable family power of attorney shall not be affected by my
disability except as provided by Section 709.08 of the Florida
d#
Statutes as such section now exists or may hereafter be amended.
t I hereby agree that any dealing had by any person in good faith
with my said attorney in reliance upon authority herein granted
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shall be binding upon me and my heirs, executors, administrators
i
and assigns, unless such person has received actual notice, prior
,., to such dealing, of my death or other legal revocation of this
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co power of attorney.
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IN WITNESS WHEREOF, I have hereunto set my hend this `
,c2 day of October, A. D. 1983. x
I Signed and acknowledged `
in the presence of: ( (f. b, �LDrvs-a2Q (Seal) `x
," (lI Jean B. Merrell
1 . 7
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c .l The following is the signature of
" Susan M. Webster, my true and
lawful attorney in fact herein-
before appointed by me.
Ith ' } r
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Ek{ Susan PPP[[Crr ester !t,
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The following is the signature of
Allen W. Merrell, Jr., my true and
1 I lawful attorney in fact herein-
' before appointed by me.
• en dire r.
STATE OF FLORIDA a
' COUNTY OF PALM BEACH
I
On this Public /aayppe October, 1983, before me, a
Notary , personallyappeared Jean B. Merrell known to me
to be the individual described in and who executed the foregoing
power of attorney, and she acknowledged to me that she executed
the same for the purposes expressed therein.
deal. IN WITNESS WHEREOF, I hereunto set my hand and official Ci .
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NOTARY OUOLIC STATE OF Rot In1
M UOGE•'��• teY CeMbin'1ON EARIRb DEC IS I9e4
! , BONDED THOU GENERAL INS.UNDERWRI IRS
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I hereby certify that the '^"°"" " " E
y foregoing is a true copy
�€ of the record i my office
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1 ,,
JOHN DU i E
Clerk Circuit curt
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KE V 15 ED 26 JUNE, 1984
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