HomeMy WebLinkAboutVA198600008 Application 1986-05-13 $ 5 0 . Permit Feel App lira No. VA -g6'- O,f
Sign Erected By: 'VL Staff: V
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5875
Date of Application J_ (72 - S'( , 19 .
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: Ro j e, 7: sL Gb erfs2' r) Name: S_a' n.e-
Address: ,'7: ? '&c d' Y Address:
Gh U,'ge Ci ads'(
Telephone: J"VY29(-,Y7 Y Telephone:
i
Location of Property: f? 1. S 3 /c f, /_/c, Cc, /;L �., n�. %g 47',
- ,.i o1.2 ofR.G. 3 , ,a2 ,U4
S/ii,-c/ C k r r lc -S"c, Aril.t-/S/ "tem • n F Limit
Tax Map / 0('c Parcel /a2 E Acreage aZ , ('
Existing Zoning 'RA District S c-oid
Existing Use: pc —%), (�,ti - Gii _G ,,I.t%PLut I
Variance sought (describe briefly relies sought) :
L.)I)e '� �} - i', 5 AC cci c- I e 4r/C fplY C.c.e h(,, /f
r 7 G/ 5 fo ffr U�tY,`? :vc -��++ /7. Vac,- ��, p 7 ems'
l ( i (1 (I A I, e I' o'id v to j�T/'�Q.�c r� li411./1y /`.«ye-c A r
Is,-,�,V fti4 l<<1, ,6c,,`/�/d 4 sg," h a�
b ci l f t /1 c u )c lam/{ Cal //t-r 7` !!'cc/e e/ 4- 1h, f f c 7r l-'. J/,`7 .
The applicant requests relief from Section 10 .4 of tFt Albemarle County Zoning
Ordinanrp to allow an evicting cin&lP-familydwalli.ag to ha lnCatprd 17 _5 feet
from the side property line , a variance of 7 . 5 feet .
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.
Apweicant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: Final Decision Made: gi 13
The variance sought was debie appro with the following conditions:
Special Use Permit]/ OF G APP
Sign Permit# '$Y ae/ /3 4 '
Building Permit# 75 - g6'3 u R ate
55 - -i3Ii ,IR
STAFF REPORT - VA-86-08
APPLICANT: Roger T. & Brenda F. Robertson
TAX MAP/PARCEL : 106/12E
ACREAGE: 2 . 0
ZONING: RA (Rural Areas)
LOCATION: West side of Rt . 53 , approximately 2/10 mile
northwest of the boundary line for Albemarle
and Fluvanna Counties
VARIANCE REQUEST
The applicant requests relief from Section 10 .4 of the Albemarle
County Zoning Ordinance to allow an existing single-family dwelling
to be located 17 . 5 feet from the side property line, a variance
of 7 . 5 feet .
AREA CHARACTERISTICS
The Robertson property is located in a truly rural setting. Spring
Hill Baptist Church borders to the south of the applicant ' s property.
The immediate area is a mixture of some agriculture farm land and a
few single-family homes .
A single-family house and detached garage exit on the two (2) acre
Robertson lot . The property is served by a private well and septic
system.
COMPREHENSIVE PLAN
The Urban Land Use Plan designates the area as Open Space which
allows a minimum density of two (2) acres per dwelling unit .
STAFF COMMENTS
The original house was constructed in 1975 by Monticello Home
Builders . The survey plat submitted with the building applica-
tion showed the house located at a 50 foot + setback .
An additional room was added to the house just recently. The
construction of the room was physically in line with an already
existing porch/stoop .
A survey was made of the property just in the last couple months
(March) in order for the Robertsons to qualify for a new loan with
a lower interest rate.
Now 'Noe
Page 2
Staff Report -VA-86-08
Roger T. & Brenda F. Robertson
When the house was checked for setback it was incorrect at that
point in time . Subsequently later on when the added room was
checked an assumption was made by both the builder and the county.
The new 1986 survey places the house at 17 . 5 feet from the side
property line requiring the need for a variance to come into com-
pliance with Ordinance Section 10 . 4 .
Lot 3 ' s acreage cannot be diminished to provide additional footage
for 4 as an alternative solution .
The staff makes the following comments :
1) The Robertson ' s purchased the house and property in good faith ,
not knowing at the time the house did not meet the required
setbacks .
2) An unique hardship exists in the fact that an addition was
added to the existing structure at which time the setback
violation was not discovered .
3) Only because of a survey requirement by a lending institution
the incorrect setback was determined .
STAFF RECOMMENDATION
The staff recommends approval based on the circumstances and for
corrective action.
C141/-ed Nur'
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USDA-FmHA sw
Form FmllA 427-I VA REAL ESTATE DEED OF TRUST FOR VIRGINIA
(Rev. 5-10-74)
THIS USED,made this day, January 16,_1976 D(__
are<i) --"_ _ ►
between_ �.0111.71.[1D.BE T.5.Q.J_A!3c1_ERTNDE\_E.... 03E : ,.fli1,._kiis...mife...__..--_--
residing in Albemarle __- County, Virginia, whose post office address •
is 80l_..Calhs ti_S1reet, ,Virginia____222.01_
\ as grantor(s), herein called "Borrower."and ___ ION V�_BKFR —-- •
—�--
',,•'c residence address is_._- chesterfield _....—...._—._-----_.___County, Virginia,
a, ti-,tce, herein called "trustee," for the benefit of the United States of America, acting through the
Fan :i, Home Administration, United States Department of Agriculture, as beneficiary, herein called the
1111 %! ti`' '!I THAT:
ll, Borrower is justly indebted to the Government as evidenced by one or more certain
promissory !',,tritit or assumption agreement(s), herein called "note" (if more than one note is described
below, the word -mote'' as used herein shall he construed as referring to each note singly or all notes
collectively. as the context may require),said note being executed by Borrower,being payable to the order
of the Government in installments as specified therein, authorizing acceleration of the entire indebtedness
at the option of the Government upon any default by Borrower, and being further described as follows:
Annual Rate Due Date of Final
Date of Instrument Principal Amount mount of Interest Installment
January 16, 1976 $24, 370. 00 8-3/4% January 16, 2009
The note evidences a loan to Borrower, and the Government, at any time, may assign the note and •
insure the payment thereof pursuant to the Consolidated Farm and Rural Development Act,or Title V of
the }lousing Act of 1949;
It is the purpose and intent of this instrument that, among other things, at all times when the note is
held by the Government, or in the event the Government should assign this instrument without insurance
of the note, this instrument shall secure payment of the note; but when the note is held by an insured
holder, this instrument shall not secure payment of the note or attach to the debt evidenced thereby,but
as to the note and such debt shall constitute an indemnity mortgage to secure the Government against loss
under its insurance contract by reason of any default by Borrower:
NOW. THEREFORE, in consideration of the loan(s) Borrower does hereby grant,bargain,sell,convey,
ut�l ., sign unto trustee with general warranty the following-described property situated in the State of
Virginia. ('ounty(ies) of Albe rn;t r le •
attached description.
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Fntl}A 427-1 VA(Rev. 5-10-74)
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eo;x 587 Pa:i 617 {
• ACKNOWLEDGMENT
STATE OF VIRGINIA
.} ss:
COUNTY OF ALBEMARLE •
iI,..(,ca/.t..,e ,T, NI.Orn N.5 , a Notary Public for the county and State aforesaid, do certify
that ....Cla.rence.Mas.on._Thornas
and D.O.tzt1a..M....homas , his wife, •
whose names are signed to the writing above, bearing date on the..161h..day of January , 4
• i 9..7.6.... , acknowledged the same before me in my county aforesaid.
Given under my hand and official seal this _Lah day of_w_January 19 76 ,
My term of office as Notary expires: .... ale.. .2, 1.�9,
(.21e..4).1e.a .7.-S:1-2:1-1-M-) •
Notary Public
STATE OF VIRGINIA
COUNTY OF . .L:Il;,ez.:4f.. .,.... •
-
In the Clerk's office of 7.(::G.C.e.::'r:411.e.,_.. County, at .Z:c.::':(...Y ./zi•A... M.,
•
on this ,1�. day of :< 19.,:.1a, this deed was presented properly stamped
and together with the certificate annexe ,admitted to record.
Teste %4[46(.. _...Y2.-)a.f..u:, .eC..:.,._.,
Clerk
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��Ux- , ,'A"6�
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STATE OF VIRGINIA '
COUNTY OF ALBE1IARLE, to-wit:
The foregoing instrument was acknowledged before me this/6/Z day of
.
January. 1976, by A. B. Bolton, Jr. as 'President of Monticello Home Builders,
Inc., on behalf of the corporation. •
My Commission expires ! l�. /1J 22 • .
:{ i_. 2i•'
.,--r J
Nota blic •
j
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF rdE COUNTY OF ALBEMARLE:
T14s deed was presented, and, with the Certificate annexed admitted to record
on /6 /EJ;d at //%y� o'clock �.M.
State tax - ..((.�
Ll
Local tax /. , 7-
Transfer fee /, /,'
• Clerk's fee ;l ?' TESTE:
Grantor's tax ,,� z-. H Y J. MARSHALL, CLERK
•TOTAL A,G'
. ��_ BY: �•� „l.; � ;��'.f.-..-o ,Deputy Clerk
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4
THIS DEED, made this 12th day of January, 1976; by and between MONTICELLO
HOME BUILDERS, INC. , a Virginia corporation, party of the first part, and ROGER
T. ROBERTSON and BRENDA F. ROBERTSON, his wife, parties of the second part,
WITNESSETH:
That for and in consideration of $3, 000. 00, cash in hand paid, the receipt of
which is hereby acknowledged, Monticello Home Builders, Inc. , a Virginia corporation,
hereby grants, bargains, sells and conveys with GENERAL WARRANTY AND ENGLISH
COVENANTS OF TITLE unto Roger T. Robertson and Brenda F. Robertson, his wife,
as tenants by the entirety with full right of survivorship as at common law and not as
tenants in common, all that certain lot of land in Albemarle County, Virginia, near
Buck Island, containing 2. 00 acres, designated as Lot 4 on a plat of Kurt Gloeckner,
C. L. S. , dated May 30, 1974, revised June 4, 1974, showing survey of Lots 3, 4
and 5, a portion of Island Creek Subdivision, of record in the Clerk's Office of the
Circuit Court of said County in Deed Book 563, page 352, and being the same property
conveyed to Monticello Home Builders, Inc. by deed of Joseph P. Aust, IV and wife,
and Stanford C. Fuller and wife, dated August 29, 1975, of record in said Clerk's
Office in Deed Book 580, page 173.
Said lot is subject to the easements and restrictions set forth in said deed.
IN WITNESS WHEREOF, Monticello Home Builders, Inc. has caused its name
to be signed by A. B. Bolton, Jr. and its seal affixed and attested by Constance A.
Bolton, its secretary.
MONTICELLO HOME BUILDERS, INC.
By
A. B. Bolton, . Jr.
ATTEST:
Constance A. Bolton, Secretary
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