HomeMy WebLinkAboutVA198400078 Application 1985-01-08 $20. Permit Fee ?Iot Application No. //ii ',LI - g
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Sign Erected By: 14,,,CIs Staff: NE I 1'0 V
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5832
Date of Application December 14 , 19 84
Contract chaser
OWNER OF PROPERTY xOQB
Hkcrs o4
Name: Henry Miles Fields, c/o W.D. Tucker, IIIName:Jonathan L. Fields - Contract Purchaser
Address: State Route 779 Address: Route 9, Box 236A
Albemarle County, Virginia Charlottesville, Virginia 22901
Telephone: 295-4949 Telephone:295-4949
Location of Property: Lot 1, containing 3.436 acres, more or less, located on the east
side of State Route 769, about 1 mile south of State Route 20
Tax Map 62 Parcel 83 Acreage 3.43E -
Existing Zoning RI) District Rivanna
Existing Use: f5 I r a yH 2i
Variance sought (describe briefly relief sought) :
9.7' variance on side setback-- The applicant requests relief fran Section 10.4
of the Albemarle County Zoning Ordinance to allow an existing single family dwelling
to be located 15.13 feet fran the side property line, a variance of 9.7 feet.
I hereby certify that the foregoinginformation is true and correct to the best of my
knowledge and belief and that I am the owner named above.
i4.W•omi
Applicant Data.
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: :44% , �, /L 5 Final Decision Made: v J /9 j5
The variance sought was-denied/approved with the following conditions
A/e e i`T/aa/. /
Special Use Permit, BOARD OF pIrDTG APPEALS •
Sign Permit# BY' ' did/ /`8-81‘
Date
Building Permit#
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THIS DEED OF GIFT made and entered into this 27th day
of November , 1984 , by and between HELEN V. FIELDS, Widow , and
HENRY M. FIELDS, JR. and LESLIE FIELDS , his wife , and DAVID W.
FIELDS and KATHY FIELDS, his wife and LORENZA L. FIELDS and JEAN
J. FIELDS, his wife, and GREGORY A. FIELDS, Unmarried , and
JONATHAN L. FIELDS , Unmarried, and SHIRLEY FIELDS PERLOW , and
LENNY PERLOW, her husband, and GLORIA FIELDS MORTON, Divorced ,
and JUDY D. FIELDS, Unmarried, parties of the first part , and
JONATHAN L. FIELDS, homo sole , party of the second part , whose
mailing address is
WITNESSET H:
That for and in consideration of the natural love and
affection of the parties of the first part for the party of the
second part, Helen V. Fields, Widow, and Henry M. Fields, Jr. and
Leslie Fields , his wife , and David W. Fields and Kathy Fields ,
his wife, and Lorenza L. Fields and Jean J. Fields, his wife, and
Gregory A. Fields, Unmarried, and Jonathan L. Fields , Unmaried,
and Shirley Fields Perlow and Lenny Perlow , her husband, and
Gloria Fields Morton, Divorced, and Judy D. Fields , Unmarried ,
hereby GIVE, GRANT and CONVEY with GENERAL WARRANTY AND ENGLISH
COVENANTS OF TITLE unto Jonathan L. Fields as his sole and
separate equitable estate, free from the control and marital
rights of any present or future wife , and free from any dower
rights or inchoate dower rights of any present or future wife of
Jonathan L. Fields, all are hereby excluded, and with the full
and complete authority in Jonathan L. Fields to alien, convey,
encumber and otherwise deal with and dispose of the same without
necessity of joinder by or with any present or future wife of
Jonathan L. Fields , all that certain tract or parcel of land
u situated in Albemarle County, Virginia on State Route 769 ,
o
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wg 0 4 containing 3.436 acres, more or less, designated as Lot Number 1
a < o
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at on a plat made by B. Aubrey Huffman & Associates , Ltd. , dated
a ° a
w k o November 19 , 1984 , attached hereto and made a part hereof. The
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property herein conveyed is the same property in all respects
1
,: i
conveyed to Henry Miles Fields by deed of Leroy W. Snow and Viola
D. Snow , husband and wife, dated December 3 , 1974 , of record in
said Clerk ' s Office in Deed Book 581 , Page 330 .
It is the intention of this Deed of Gift to convey
all of the interest of Henry Miles Fields in said property
which he owned at the time of his death.
Henry Miles Fields died intestate on September 15,
1978, survived by his widow, Helen V. Fields, and his eight
children, namely: Henry M. Fields , Jr. , David W. Fields ,
Lorenza L. Fields , Gregory A. Fields , Jonathan L. Fields ,
Shirley Fields Perlow , Gloria Fields Morton and Judy D.
Fields , being his sole heirs at law , as evidenced by
Affidavit recorded in the said Clerk's Office in Will Book
, Page
WITNESS the following signatures and seals :
(SEAL)
Helen V. Fields
(SEAL)
Henry M. Fields , Jr .
(SEAL)
Leslie Fields
(SEAL)
David W. Fields
— - - (SEAL)
Kathy Fields
(SEAL)
Lorenza L. Fields
---- (SEAL)
Jean J. Fields
_ (SEAL)
Gregory A. Fields
(SEAL)
Jonathan L. Fields
(SEAL)
Shirley Fields Perlow
u
a (SEAL)
d ; N
Lenny Perlow
w 5 0cc
< 0 W (SEAL)
G. W m Gloria Fields Morton
(ts l o W
Ix 0 a k
(SEAL)
Judy D. Fields
f-
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A
Nome
STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Helen V. Fields, Widow.
Notary Public
My commission expires:
STATE OF MARYLAND
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Henry M. Fields , Jr. and
Leslie Fields , his wife.
Notary Public!
My commission expires :
DISTRICT OF COLUMBIA
CITY OF WASHINGTON, to-wit:
The foregoing instrument was acknowledged before me
this day of December , 1984 , by David W. Fields and Kathy
Fields , his wife.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Lorenza L. Fields and Jean
J. Fields, his wife.
Notary Public
My commission expires :
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STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Gregory A. Fields ,
Unmarried.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before
me this day of December , 1984 , by Jonathan L. Fields.
Notary Public
My commission expires :
STATE OF CALIFORNIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Shirley Fields Perlow and
Lenny Perlow, her husband.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me
this day of December , 1984 , by Gloria Fields Morton,
Divorced.
Notary Public
My commission expires:
STATE OF VIRGINIA
u
o N CITY/COUNTY OF
d
' The foregoing instrument was acknowledged before me
a .• c
4c . z
W this day of December , 1984 , by Judy D. Fields , Unmarried.
0 a
w• i o
0 Notary Public
My commission expires:
4
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VIUK Z d.t. I AC.34.....
THIS DEED made this 3rd day of December, 1974 , by and
between LEROY W. SNOW and VIOLA D. SNOW, husband and wife,
parties of the first part, hereinafter referred to as Grantors,
and HENRY MILES FIELDS, party of the second part, hereinafter
referred to as Grantee,
,
W I T N E S S E T H :
That for and in consideration of ONE THOUSAND, SIX
HUNDRED ($1 , 600. 00) DOLLARS, cash in hand paid, the receipt of
which is hereby acknowledged, the said Grantors do hereby GRANT,
BARGAIN , SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVE-
NANTS OF TITLE unto the said Grantee,all that certain lot or
I I
parcel of land situated in Albemarle County, Virginia, on State
Route 0769 , containing 3. 4 acres ,more or less, designated as
Lot 1 on plat made by
Paul M. Saunders , dated January, 1965,
recorded in the Clerk' s Office of the Circuit Court for said
County in D. B. 445, page 417, being a portion of the property
conveyed to Leroy W. Snow by deed of Pauline Ragland Coles ,
1964 , of record in said Clerk' s Office
widow, dated December 1,
in D.
B. 406 , page 48 . Reference is here made to said deed and
plat for a more complete and particular description of the
property hereby conveyed.
The name of Viola D. Snow is signed to this deed by
Leroy W. Snow, her attorney in fact, under power dated
September 27 , 1967 , of record in said Clerk ' s Office in D. B. 434
page 467 .
WITNESS the following signatures and seals :
(SEAL)
Le oy/ W. Snow
wR G/ Nt OD. -- (SEAL)
VA.
By
Viola D. Snow
-4t' -c I)
Leroy (SEAL)
W. Sn w, Attorney in fact.
DUO
''STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me
y lei, byLeroyW. Snow, in his own
this ' day of��lecem , 1��►
right, and as attorney in fact on behalf of Viola D . - Snow.
My commission expires July 2 , 1977 .
Notary Public
VIRGINIA: , '
N THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, � rti:icate
I to me in said oftice and wit', ce
This deed was presented
annexed admitted to record at
TESTE :
Clerk
'BIN F. CARTER
?CANE? AT LAW
.ALOT?GSVILLS.VA.
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STAFF REPORT - VA-84-78
APPLICANT: Henry M. Fields (Owner)/Jonathan L. Fields
TAX MAP/PARCEL: 62/83
ACREAGE: 3 .4 acres
ZONING: RA (Rural Areas)
LOCATION: on the east side of Route 796, approximately
one mile from Route 20 North
VARIANCE REQUEST
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance to allow an existing single-family dwell-
ing to be located 15. 13 feet from the side property line, a vari-
ance of 9. 87 feet .
AREA CHARACTERISTICS
The block structure is located on a sloping lot more than 100 feet
from the state road. An exact date when the structure was built
could not be determined.
A residence is located within 200 feet from the applicant ' s struc-
ture on the west side of Route 769. Another residence is within
visual distance located on the east side of Route 769 south of the
applicant ' s property. Property north and on the east side directly
across from the applicant ' s property is undeveloped. Properties
in this area are served by private water and septic systems.
COMPREHENSIVE PLAN
The Urban Land Use Plan designates this area for open space or
a minimum density of two acres.
AGENCY COMMENTS
Use of the structure as a residence will be subject to approval
by the Health Department for a septic system. An entrance permit
will be required by the Virginia Department of Highways to estab-
lish access to the state road.
STAFF COMMENTS
According to the County records the structure was built between
1966 - 1971, therefore , only subject to setback regulations after
April, 1968.
The structure was designed orginally for use as a single-family
residence but was never completed and occupied.
To amend the ordinance is not a viable solution to the use of the
structure. A hardship, if you so characterize it as one, was es-
tablished when the structure was not completed and occupied when
built .
STAFF REPORT -VA-84-78
The situation is unique in the fact that it was never occupied.
In no way does it restrict the use of the property because, other
than this structure, no use of the property is being made .
In summary the applicant has an unusual circumstance , where as
the utilization of the building was never concluded.
In view of the situation the staff cannot find any •reason that
the use of the structure as a completed single-family residence
would have any adverse effect on the adjacent properties at its
location on the property. In fact , a completed and used structure
would be an asset rather than a liability in relation to a fire
hazard.
STAFF RECOMMENDATION
The staff recommends approval of the variance subject to no further
encroachment of the side property line adjacent to the structure.
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