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HomeMy WebLinkAboutVA198700007 Public Notification 1987-02-14 WHIPPOORWILL HOLLOW STATEMENT OF RESTRICTIONS, COVENANTS AND CONDITIONS THIS DECLARATION made this 10th day of March 1978, by Charles Wm. Hurt, hereafter referred to as the "Declarant", provides: Factual Background. The Declarant is the owner of certain real estate situate in the Samuel Miller Magisterial District, Albemarle County, and desires to subject a portion thereof as described in Exhibit A (a plat of B. Aubrey Huffman and Associates, Ltd. , dated January 23, 1978, captioned "Subdivision Plat Showing Lots 6 & 7 Block A Whippoorwill Hollow Albemarle County, Virginia") , together with such additions as may hereafter be made thereto (pursuant to Article II) to the covenants, restrictions, easements and charges hereinafter set forth, each and all of which is for the benefit of. said property and the owners thereof. Now, therefore, the Declarant declares that the real property described in Exhibit A attached hereto and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, and charges hereinafter set forth. ARTICLE I. DEFINITIONS Section 1.01. Declaration. The term "Declaration" as 4 used herein shall mean the covenants, conditions and restrictions and all other provisions herein set forth in this entire Document, as same may from time to time be amended. Section 1.02. Declarant. The term "Declarant" as used. herein shall mean or refer to Charles Wm. Hurt and any successor as developer of the' properties. Section 1.03. Properties. The term "Properties" as used t _ dN 3-z£ra herein shall mean or refer to only the real property described i in Exhibit A attached hereto, together with such other real property as may from time to time be annexed thereto under the provisions of Article II hereof. Section 1.04. Lot. The term "Lot" as used herein shall mean and refer to any plot of land designated as a "Lot" upon any recorded subdivision map of the Properties. Section 1.05. Owner. The term "Owner" as used herein shall mean or refer to the record owner, whether one or more . persons or entities, of the fee simple title to any lot, including contract sellers, but excluding those having such Y interest merely as security for the performance of an obligation. Section 1.06. Supplementary Declaration. The term "Supplementary Declaration" as used herein shall mean any declaration of covenants, conditions and restrictions which may be recorded by the Declarants, which extends the provisions of this Declaration to an additional parcel or tract of land and i contains such complementary or modifying provisions for such additional parcel or tract of land as are not inconsistent with the concept of this Declaration. • ARTICLE II. PROPERTY SUBJECT TO DECLARATION Section 2.01. Existing Pro ert . The real property which is and shall be held, transferred, sold, conveyed and occupied ' subject to this Declaration is located in the Samuel Miller Magisterial District of Albemarle County, Virginia, as shown ' and described as Lots 6 and 7 of Whippoorwill Hollow, on the attached plat of B. Aubrey Huffman and Associates, Ltd., dated January 23, 1978, captioned "Subdivision Plat Showing Lots 6 & 7 Block A Whippoorwill Hollow Albemarle County, Virginia". Section 2.02. Procedure For Additions. The additions authorized under Section 2.02 shall be made by the recording -2- t . 7 • k4 r • of one or more duly executed and acknowledged Supplementary Declarations of covenants and restrictions with'respect to • the additional property. ARTICLE III. ARCHITECTURAL CONTROL • Section 3.01. Architectural Control. Until March•10, 1988, the Architectural Control Board.(hereinafter referred to as "ACB" shall consist of the Declarant. After March 10, 1988, or at such earlier time as the Declarant, in his sole discretion , may determine, the selection of the members of the ACB shall be F* by the then Owners of a majority of the Lots in Whippoorwill Hollow, as indicated by an instrument recorded in the appropriate Clerk's Office. Section 3.02. Purpose. The ACB shall regulate the external design, appearance, and use of the Lots and of improvements thereon in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing natural amenities. Section 3.03. Conditions. No improvements, alterations, f. repairs, excavations, changes in grade, major landscaping or other wok which in any way alters the exteriors of any property or the improvements located thereon from its natural or improved 4 state existing on the date such property was first conveyed in fee by the Declarant to an Owner shall be made or done until i4 the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type materials and location thereof shall have been submitted to and approved in writing by the ACB, pursuant to Section 3.04. No building, fence, wall, residence, or other structure shall be commenced without the prior written approval of the ACB. Section 3.04. Procedures. In the event the ACB fails to approve, modify or disapprove in writing a request for -3- 1 approval required herein, within sixty (60) days 4111 after plans, _ a specifications, or other appropriate materials, have been submitted in writing to it, approval will be deemed granted. ARTICLE IV. GENERAL PROVISIONS Section 4.01. Restriction On Further Subdivision. No . Lot shall be further subdivided or separated into smaller lots by an Owner other than the Declarant without the written consent of the Declarant, his successors and assigns, and no portion less than all of any such Lot shall be conveyed or transferred by an Owner other than the Declarant; provided, however, that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments. No Lot shall Via` Rf be used as a roadway for access to any property lying outside r: of the boundaries of the Properties without the written consent of the Declarant, his successors and assigns. There shall be no restriction or prohibition whatsoever against further subdivision and/or re-subdivision of Lots by the Declarant. Section 5.02. Utility And Drainage Easements. Except as may otherwise be required for the acceptance of the maintenance of any road by a public body as provided in Section 5.03, or except as limited by any deed the Declarant reserves unto himself, his successors and assigns, a perpetual and alienable easement and right of way above ground and under ground within ten feet 1 of any lot line through all areas subject to this Declaration and any Supplementary Declaration, whether within roads or the boundaries of Lots, to construct, maintain, inspect, replace and repair electric and telephone poles, wires, cables, conduits, pipes and other suitable equipment for the conveyance of water, telephone, electricity, cable, communications and other utilities and public conveniences, and for storm and surface water drainage, together with the right of ingress and egress to all such -4- `-a 1 4 facilities and easements for the construction and maintenance thereof. The easements provided for in this Section shall include the right to cut any trees, brush, and shrubberymake any grading of soil, and take other similar action reasonably necessary to provide economical and safe utility installation and drainage facilities. The rights herein reserved may be exercised by any licensee of the Declarant, but shall not be deemed to impose any obligation upon the Declarant to provide or maintain any utility or drainage services. Section 5.03. Roads. Except as noted on any recorded plat of the Properties, the fee in and easement for all purposes over all roads shown on any such plat is hereby expressly dedicated to public use. Each entrance from a road to a Lot shall be designed, and constructed in compliance with the then applicable provisions and standards of the Virginia Department f s=s of Highways and Transportation. Section 5.04. General Restrictions. (a) No building of vY' any kind shall be erected or maintained upon any Lot except one private detached single-family dwelling, and buildings accessory thereto, e.g. garages, and gazebos. (b) No structure of a temporary character, tent, or trailer shall be used on any lot at any time as a residence, either temporarily or permanently. 4 (c) Each dwelling constructed on any Lot will have a minimum of 1500 square feet of floor space within the exterior walls exclusive of basement, garage and porches whether open or closed. (d) No billboards or signs of any kind shall be erected or maintained or displayed except "For Sale" or "For •43 Rent" signs not larger than one foot by two feet which may be placed upon any property for sale or for rent. (e) All sewage disposal will be in accordance with -5- 0 specifilans of the State Health Department. h ' % (f) No noxious of offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (g) No building or any part therof shall be erected hereafter within 75 feet of any street or road, or within 35 feet of any sideline. No suit shall be brought over 60 days after the completion of any such structure on account of its location. (h) Nothing shall be done on any Lot that interferes with the drainage or surface water to the injury of any other Lot. Section 5.05. Non-Discrimination. Any person, when he becomes on Owner, agrees that neither he nor any one authorized to act for him will refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or to otherwise make unavailable or deny any of the property owned by him in Whippoorwill Hollow to any person because of race, color, religion, sex or national origin. Any restrictive covenant affecting the Properties covered by this Declaration relating to race, color religion, sex or national origin, which is inconsistent with this Sectione 5.05 is recognized as being illegal and void and specifically disclaimed. Section 5.06. Enforcement. Enforcement of the provisions of this Declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate the covenant either to restrain violation or to recover damages. Section 5.07. Severability. Invalidation of any one of more of the provisions of thisteclaration or any Supplementary Declaration by judgement, court order or otherwise, shall in no way affect any other provisions which shall remain in full force and effect. -6- 4 Section 5.08. Duration. The covenants and restrictions to this Declaration shall run with and bind the land for a term of 25 years from the date this Declaration is recorded and thereafter shall be automatically renewed for successive period of ten years, unless prior to the expiration of any period, ti whether the original period or .any renewal period, the then Owners of the majority of the Lots in Whippoorwill Hollow shall execute, acknowledge and record in the appropriate Clerk's Office an agreement modifying or changing this Declaration in whole or in part. IN WITNESS WHEREOF, Charles Wm. Hurt, as the Declarant, has hereunto set his hand and seals. (SEAL) Charles Wm. Hurt STATE OF VIRGINIA . • COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this 10th day of March 1978 by Charles Wm. Hurt. My Commission Expires: QG44aY Notary"( 1 4 -7- • C ied/MD OF ea'Y/NG /49l Ls 1/4 �v 43E/ixeLE GY/Ary BLS/G ",v6 2//4/97 4a/ c /4' fle6 ,'O,40 G#1agL4 T O/44E- ///1/,44 Gwz90/ VA-87-7. Virginia Land Trust (owner), property known as Tax Map 42,Parcel 1 ,located on the N. side of27 Cardinal Ridge Rood in the Whipporwill Hollow Subdivision,zoned RA. The applicant seeks a variance from Section 10.4 of the Albe- marle County Zoning Ordi- nance to reduce the front yard setback from seventy-five (75) Y feet to forty-five (45) feet to / allow construction a new >> ale-family dwelling. Wrnppo W/L. t-/oz a�/ '51�e1Nv/5/D^/ 711Rp/IYn.. /e'/ 719'X fi4P 4-Z c . /07 7 r# ,& /42- 1-fOM AVP P72-0 %,,V Z5/N 0/7)Poiciozz- 1710ZZOw a8D/L//5/0A/ L,E / & /77A/6 IN Faz5R TO /IND /A/ PROT>-ST OF J g2a/N/f L.19iYD TI ' (A ) Ta 2Er—ivE Y9,Pmicx. FRDM 54 .770.v /0, 4 © C /v/7 oav/N6 /A14 E pgop en; C e 'S S ?D ZERicE 7_ftE ,z wr- Y/4g1). rgOM l ivrY-�1ve- (7S) -ry Fob--Fives74‘)F-&-Vr. 1-r- -Strome..f now 7-#te7- " -Ms 7C,O'7- Fife-4 /2' '/ Tio hi-G 5o ,=0,�/4 s P/A r OF TfhE ,' 57 2/ 7 1/&" GUUENilNTs of ?1E 1/Vnpnogw«. 45015P0la/S/0Av 5E7- CA/ s.04!, pAgtod ooff 3 41.5 v a!' t >" 1?t/4,12e 3 J/V it j /11teeK /D f 78 i D Tz -Gog o6Y) /'/ 1)1 -17 Re,Ve 6 3, p &s ZBS lit/ M 0 February 16, 1987 Mr. Charles W. Burgess Zoning Administrator Department of Zoning Albemarle County 401 McIntire Rd. Charlottesville, Va. 22901 Dear Mr. Burgess , As a resident of Whipporwill Hollow in Albemarle County living at the end of Cardinal Ridge Road, I am very concerned about the request of the Zakin Construction Company to obtain a variance for the property next to mine. Since I am unable to attend your meeting Tuesday afternoon, February 17 , 1987, to consider this matter, I am asking my neighbor, Mr. Daniel Schmidt , to deliver this letter to you. I am opposed to the request to have the variance changed from having a house built forty-five feet back from the road, instead of seventy-five feet. All the houses on Cardinal Ridge Road are built back from the road, allowing for more privacy for every home-owner on this street. Continuing to build houses set back 75 feet from the road would enhance the natural beauty of this unique neighbor- hood, which is on the edge of the country, in the woods, near Mechums River. Thank you for considering the opinions and viewpoints of those of us who live on Cardinal Ridge Road. Sincerely, 2712 Cardinal Ridge Rd. Charlottesville, Va. 22901 • it1 7 V 2-1 I i P InTZtr-T1 , ,kij 4,,,). ,... . i, Ak ()A ill ,. ,.'1 -4' ' '444 R• 1 .,40 '44''.- 1,4 1101 FEB 17 ].987 A BEMARLE COUNTY ZONING DEPARTMENT i To whom it may concern� We are residents of 2711 Cardinal Ridge Road and are responding to the request for variance by Zakin Construction Co. for parcel 127, map 42 of County of Albemarle. We oppose issuance of this variance to reduce the front yard setback from 75 feet to 45 feet. We feel this will affect propery values and the aesthetics of our country neighbor hood adversely. We hope you will not issue this variance. Thank you for consid ering our, wishes. Sincerely, W. K i ne Id Nancy D. Bolton I�ff 7v R jp - � ALBEMARLECOUNTY ZONi0G DEPARTMENT ' VA - '? 4 February 14 , 1987 Albemarle County Board of Zoning Appeals Albemarle County Office Building Charlottesville, VA 22901 Re : VA-87-7 Gentlemen: It has come to our attention that Virginia Land Trust has requested a variance from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from 75 feet to 45 feet on a parcel of land described as property Tax Map 42 , Parcel 127 on the north side of Cardinal Ridge Road , Whippoorwill Hollow, County of Albemarle . We live on Cardinal Ridge Road in Whippoorwill Hollow and, while the property in question is not directly adjacent to ours , we feel that a house contructed only 45 feet from the road would not be in keeping with the natural beauty and pastoral setting of our neighborhood . We must voice our objection and ask that the variance requested by Virginia Land Trust not be granted . Sincerely, �a-'►tea. � �Ctric,� William J . Brandl Donna L. Brandl 2615 Cardinal Ridge Road Whippoorwill Hollow 4 %, Charlottesville , Va. 22901 FEB 17 1987 ALBEMARLE COUNTY ZONING DEPARTMENT MIChAEI J. Di GIROFAMO, O.D. DOCTOR of OpTOMETRy� • (714)793-1470 February 17 , 1987 Board of Zoning Appeals Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901 RE: VA-87-7 Ladies and Gentlemen of the Board: Speaking as an an adjoining property owner , I wish to go on record as OPPOSING a variance seeking to reduce the front yard setback from seventy-five (75) feet to fourty five (45) feet. The charm of Whippoorwill Hollow is due in part to these setback requirements . There is a wooded, country-like atmosphere created when the property development lies behind a visibility line of the road. Constructing a house within 45 feet of the property line would affect the aesthetics of the street dramatically. The secluded feeling would suddenly be lost to the visibility of the residence. I lived some 40 years of my life in the state of California. I am all too familiar with the effects of granting variances. There are always well intentioned reasons for such requests , but every variance granted generally leads to the granting of another. I personally feel that the people of Charlottesville should be very thankful for their beautiful area and carefully consider doing anything which could alter its rare beauty. When moving here last August, I thought that the beauty of my street was assured by both the county zoning requirements as well as the RESTRICTIONS, COVENANTS AND CONDITIONS pertaining to Whippoorwill Hollow. Section 5 .04 (g) of that document states that "No building. . .shall be erected. . .within 75 feet of any street. . . " without the approval of the Architectural Control Board, Charles W. Hurt. Thank you for considering my feelings in this important matter . Sincerely, kk, (Ltaki ,(--. 1:6\AL-----, Oa, Iv !,,,'"T`1,•(-',...-„,T11 , Michael J. D Giro mo, O.D. 2685 Cardinals Ridge Road FEB 17 1987 Charlottesville, Virginia 22901 AL-BEMAREE COUNTY ZONING DEPARTMENT 0 February 14 , 1987 Albemarle County Board of Zoning Appeals Albemarle County Office Building Charlottesville, VA 22901 Re : VA-87-7 Gentlemen: It has come to our attention that Virginia Land Trust has requested a variance from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from 75 feet to 45 feet on a parcel of land described as property Tax Map 42 , Parcel 127 on the north side of Cardinal Ridge Road , Whippoorwill Hollow, County of Albemarle . We live on Cardinal Ridge Road in Whippoorwill Hollow and, while the property in question is not directly adjacent to ours , we feel that a house contructed only 45 feet from the road would not be in keeping with the natural beauty and pastoral setting of our neighborhood . We must voice our objection and ask that the variance requested by Virginia Land Trust not be granted . Sincerely , William J . Brandl Donna L . Brandl 2615 Cardinal Ridge Road Whippoorwill Hollow hr " , ; �ig„q Charlottesville , Va . 22901 FEB 17 1987 ALBEMARLE COUNTY ZONING DEPARTMENT I. OMNI Cowngo/ 7nc-Jki,, , 4e-ad tf iau)12 j7A- 6-tx-nvz) )) ` C'2���e� .�in.az,✓-�c� a,422 4/'2, VciAuL /,7.71 C(24014/ttak ”c.> �-R,�,. �✓ ..�tV ✓t�•-e. /V ,LL�G�o-d�(.vim`'` • je-ALot 4a ) /nuccL. etoit_v14i TAAji/x/Lo< am_ ..ee_e/e ,ikg, cz �,�cvi,ur,�ee_ �.or,2 . sm67(. di—AL L/210-x -- r/� ,a�, CLK-d . �tcx.2J �� Cp-xAico<¢h.aZe-oxJ __.- z.tic.ozv jou42L--• cze.Q:A17),"_d 11-071 Cc L,eFt fuz.2e ,_JL‘t4) . � % - �� . . , ✓fie c a-ch.eA . `e cue e� /4.&4€A.. &LaitAcsLai. a 111 � & 120.14t-6 -ems . Zilez/ria-- G� � ate.. c2h-e-- ''11"6"-,- e.J2.__ , Z.:1) A_e_j_ 0.4 efrt(i12 )-t-D. >C1"16-€ALja) 6)4/c/k...- 25/ )1114:IL y,0-01,8 ,e,c4CdeiLl ,. ..k • , -/-a-t) ,. ../ex_, rgri ii? FEB 17 1981 ALBEMARLE COUNTY ZONING DEPARTMENT • OF ALB,E�q rr<F 1w ;fir Y�RG1ykP DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901-4596 (804) 296-5875 February 2 , 1987 Strickler, E. L. and Betty L. Hendley, Sarah P. Schmidt, J. Daniel or Sandra L. Clower, David E. or Barbara H. Boltin, W. Kline Digirolamo, Michael J. or Kay D. Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that Zakin Construction Co. property described as Tax Parcel (s) 127 , Zoned RA , has made app � requesting application for VA-87-7 , q g relief from Section (s) 10. 4 of the Albemarle County Zoning Ordinance, as follows: VA-87-7 . Virginia Land Trust (owner) , property known as Tax Map 42 , Parcel 127 , located on the N. side of Cardinal Ridge Road in the Whipporwill Hollow Subdivison, zoned RA. Th.e applicant seeks a variance from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from seventy-five (75) feet to forty-five (45) feet to allow construction of a new single-family dwelling. A public hearing will be held by the Board of Zoning Appeals on 2/17/87 , at 3:00 p.m. , in Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville , Virginia. This application is made available for your review in the Albemarle County Zoning Office , 401 McIntire Road, Charlottesville, Virginia. Sincerely, Charles W. Burgess Zoning Administrator CWB/ kjb cc: VA-87-7 • �..�Y OF ALBS � GOv '4<F • kM /� DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901-4596 (804) 296-5875 February 2 , 1987 Zakin Construction Co. ATTN: Mr. and Mrs . Michael Zakin ' 104 Mountain View Drive Charlottesville, VA 22901 Dear Mr. and Mrs . Zakin: This letter is to inform you that your variance application, VA-87-7 , will be heard during the public hearing by the Board of Zoning Appeals on February 17 , 1987 , at 3 : 00 p .m. , Second Floor , County Office Building, 401 McIntire Road , Char- lottesville , Virginia . It will be necessary for someone to be present to speak for the variance application. If you have any questions , please ' contact our office . Respectfully , e444144 W. B4449444 Charles W. Burgess Zoning Administrator CB/ kb cc : File # VA-87-7 Virginia Land Trust NOTE: Please post the enclosed placard on the subject property so that it will be visible from a public road as soon as possible . 44� , ADJACENT PROPERTY OWNER LIST ��� Case No. `` -- 11 `!1 --j�2_0 tee c,c;,_Cc"},-, (7 .)0,- + Co- Owner ' s Name ` f\ Lay I C . Tax Map z--1,-) Parcel /, r TAX MAP PARCEL NO. PROPERTY OWNER ADDRESS ;ckl� F,4. ,4-2 / r 24 , rite/ 5) Bo 3S A. 0 ,Ci‘val/G i Z29O1 I I ziia C44d/ 4/ Rrd5e.. Pzd, Ck /)4- , 16,, , �, 4- - - �FNciIEy4.5RQ//) Pkikck 2zgoi l i .,) .SANc1RAr 4 . ZIoisoO{2ciW41 K;Jia, .,Ch'�lIG e290 Virzi w i q /.)01_ Trus4-,Cam¢i65 `-l",T I ,..) q Wen..t,51,1 /ii ,L.,cJrre Tiles S Pa $mc V�7 Ch'v;/k 2290i , 0/awFrz )itv;d E. os-x j = y ,2 7I Cgecl k/iV X 41, d r.„./% 2 2g0/ ' 3ev;a , v�. Kl,•J r y� l ),, 1 R\i5� N 1 /6/ YR. J`mod --0 ‘,-) . ;' N %Vgrr G. a Z7Oq r,nf)., 4z,) C�4��viI( ZZ1 b '� / I Xosa.n�4�ie '� 2(QS7 6i f�JA( R ��.c.t Q . Zif 6 y I z Zw3 `-"l l/fR( Rci t. f`<A, . 27 iid I "' 74 . 14. 1 ►cid — k 53 ) hi ', 1,i (- � 1417 T i . t r 0 la mc> , i't-� , ! : k > r v 1r ,-' k, ti � /LI Co �X L 71;-- (10 V i .() ,,,y\ i, /-.( , \, I 1/9 I �'� " �/�c. 16.-2<_. ./ J I hereby certify that I have on this day of i , 1987 , mailed a copy of the attached letter to each of the adjacent property owners Given under my hand this day of t ` 1987 . j . / ALBEMARLE COUNTY ZONING DEPARTMENT