HomeMy WebLinkAboutVA198700014 Application 1987-03-13 • 6.,' ALB VQ -3/ - I �.J
<<" �� f FILE NUMBER
APPLICATION FOR: '- 9 G
(check one) . 'et B 1 5 O 67
Ea VARIANCE U Wr� h DATE SUBM TT
to Or-cock:14k!
❑ S• PECIAL USE PERMITlitirli ---\\--71.
5 _ 7f}7' 0 V�a5`� �.,
',�.
❑ REZONING _ EE PAID see everse
•❑ ZONING TEXT AMENDMENT •
�'IRGZ�I�'
❑ M• OBILE HOME DATE OF PRELIM CONF.
❑ HOME OCCUPATION _ ;�'Or
El] A• CCESSORY TOURIST LODGING STAFF AT PRELIM. CONF.
CO-APPLICANT
CO-,OWNER (as currently listed in Real Estate) 804 295_ 2092
Name Elizabeth M. Johnson iMaryElizabeth Johnson) Phone (_) _
Address Route 9, Box 430, Charlottesville, Virginia 22901
CO-OWNER
CO-APPLICANT (if different from owner)
VName Isaac A. Curry? Jr. Phone ( ) -
Address Route 9, Box 7, Charlottesville, Virginia 22901
CONTACT PERSON (if different from above) 29f� 4151
Name Lewis A. Martin, III Phone (804)
Address 415 Fourth Street, N.E., Charlottesville, Virginia 22901
LOCATION:
TAX MAP/PARCEL NUMBERS (use reverse if needed)
1. 0 79 0 0 - 0 0 - 0 0 - Q Q 7 .Q 0 3• - -
2. - - - 4. - - -
EXISTING ZONING / ' PROFFERED? Yes _ No Acreage if different
DESIRED ZONING PROFFERED? Yes _ No _ Acreage if different
EXISTING USE
PROPOSED USE
ORDINANCE SECTION(S) :
/ DESCRIPTION OF REQUEST: Grant necessary variances to permit a division of property to conform
as nearly as possible to conveyances in D.B. 517, p. 159 and D.B. 561, p. 423 (attached).
✓/./JUSTIFICATION FOR REQUEST: Property was given to owners by their mother. Owners are
67 and 73 years old, respectively, and desire to clear up title problems connected with property
as it exists with two residences, one owned by each owner, to ensure smooth transition
to the next generation, and to avoid conflict between family members.
• The foregoing information is complete and correct to the best of my
knowledge. I have read and understand the provisions of the Albemarle County
Zoning Ordinance applicable to zis pplication.
�i Signed / /` c l%�/</ Date March 11 lgg 7
VA-87-14 Elizabeth Johnson and Issac Curry (owners) property known as
tax map 79, parcel 37 located on the east side of Rt 729+ . 3 miles south
of its intersection with Rt 732, zoned RA. The applicant seeks a variance
from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the
minimum lot size from 2.0 acres to 1.8+ acres and to reduce the minimum
lot frontage from 250 feet to 139 feet to allow subdivision of the property .
H Board of Supervisors Date: / / Action:
41
o� Board of Zoning Appeals Date: _ /j/3 Action: ' •Rov
11:41) 0
404 1•
.
1
--' - -- - • • f • ,
. 1
.
:•
• •
.544.4
•
"if
4• -I- + •+ --t• -I- -f- -F- + -+• - + -a- +
Foxe L,A, r
w �► 1
•
rH
isimmums
I
44- + 4- - -1- + -1-- -1- + - 4-
rust E Late
STUTZ TAX
A -cJ C TT TAX $ <
��7 YP�c1J mtgs. t_ 00
ME t._
PUT a
sac.se-b4thu_._,:,
TOTAL t r•°o — 3
l,
(l l
ft 1
THIS DEED, made this 30th day of October, 1972, between ROSA B. -
�--L'C4..`, `I
►�a�'; � o4Ns�,t
CURRY, a widow, party of the first part, and MARY ELIZABETH JOHNSON,
J /v-r J
party of the second part.
WITNESSETH
In consideration of natural love and affection for her daughter, Rosa B.
Curry grants, bargains, sells and conveys with GENERAL WARRANTY AND
ENGLISH COVENANTS OF TITLE unto Mary Elizabeth Johnson, the southern
half of 3.63 acres cut off by a straight line giving her one-half the road
frontage of 139 feet and one-half of the rear which is approximately one-half
of the area. This land lies in Albemarle County, Virginia in the Scottsville
District south of Shadwell on the east side of State Route 729 and to the west of
•
the Rivanna River, .Tax Map 79-37. This is given to her now as her one-half
of my real estate so that she is to get none of my real estate by will at my death.
I reserve the right to live with her in this house as long as I live. Isaac Curry 1'
conveyed a life estate along with him and the remainder if she survived him by
a deed dated April 26, 1952 in Deed Book 303, page 105 in 3.63 acres fronting
278 feet on State Route 729. Isaac Curry died August 21, 1958 and the property
passed entirely to his surviving widow.
WITNESS the following signature and seal:
0 li^^A..... (SEAL)
ot„ 1 J
Rosa B. Curry 1
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this ,90
,4 day of
October, 1972, by Rosa B. Curry.
f1 s ) ,f Y'ia.. �)
Notary Pub c
Commission Expires
VIRGINIA. RLE CIRCUIT COURT,
IN THE CLERK'S OFFICE OF ALBEMA with certificate
resented to me in said office and
This dean was p • 14.
annexed admitted to record at •
e.
Clerk
FATS TAS $ .r... S...��
CTTTei $ 5 _
TRH.
s - Sr. �o
bk.) Y
PFist.
E,Uu� pu� �c 3 sge.58ii(b111_-
OLL 4.ao
tember, 1974, between ROSA E.
THIS DEED, made this l lth day of �P ,°c,— of the
party of the first part, and ISAAC A. CURRY, party
CURRY, a widow
second part,
W I T N E S S ET H :
In consideration of 55. 00, Rosa B. Curry grants, bargains, sells and conveys
ANTY AND ENGLISH COVENANTS OF TITLE unto Isaac A.
with GENERAL WARR line giving him one
•
Curry , the northern half of 3. 63 acres cut off by a straight
half the road frontage approximately
to e of 139 feet and one-half of the rear which is 729 and to the west Scotts-
ville in the S
one-half of the area. This land lies in Albemarle County,
ville District south of Shadwell on the east side of State
Route
of the Rivanna River, Tax Map
79-37. This is given to him now as his one -half
of my real estate so
that he is to get none of my real estate by will at my death.
conveyed a life estate along with him and the remainder ifs e
Isaac Curry survived him by a deed dated Ap Book 303, page 105 in 3. 63
ril 26, 1952, in Deeda
died August 21, 1958, and
acres fronting 278 feet on State Route 729. Isaac Curry
the property passed entirely to his surviving
widow.
WITNESS the following signature and seal:
(SEAL)
osa . urry
STATE OF VIRGINIA
COUNTY OF ALBEM
ARLE, to-wit:
The foregoing
instrument was acknowledged before me this //day of
Rosa B. Curry.
1974, by
September, /�
My Commission expires: /L ;"' i�/'�
otar y u is
�,,: t:is :t; .: t: ,.,• rt —
/979
�• t)' f• .tatil ,�ti' t !..
• n :ti�l
,.. �i ail .v-•`•� :l 1. .-_cg.1
ito
l ,i ;r,. ram
(1.` t
Tnie lot is re-conveyed to urs. Joe weyman Maury at a price of i
•l .00 in partial satisfaction of existing indebtedness. i
,
\ ins party of the first part covenants that he is seised in fee
simple of'the land nere conveyed; that the same is free from encumbrances; that J
the grantee nail have quiet possession thereof; and that he will execute such
. further assure ces of title as may be requi ite.
Witness the following signature and seal.
Samuel M.Weymar. (SEAL)
! STATE OF CauRUTA
• CuutY'Y OF FuLTON TO WITT:
1, Y.quilliam Go n, a Notary rublic, Within and for the above
, named county in the State of Ueorgia, Hereby certify that Samuel L.Weyman,
'whose name is signed to th above and foregoing deed bearing date of may 9, 1931,
Ines acknowledged the sam before me in my said county.
23rd ria
my co salon expires on theY of April 1935.
wive under no' nand and"tarial seal this 12th day of may 1931.
k.4u3111an.Gormau, Notary
Fubli c.
(SEAL)
STATE OF VIRG 1A:
An the tiler 's vffioe of Albemarle circuit Court, May 19th 1931.
This deed was presented to me in said office and with certificate annexed
li
jadmitte to record at 12:00 M.
t\ Testes
O, O,.
•
k.
1. Lottie tarry
a
by and between j Tu a a S o
THIS DEED, made this 1st day of November, 1930, ,
of the first part, and Isaac Carry party of the Isaac L'urry 1
4tvttie Curry, a widow, party �
i
pecond part, tree ;2.00
W 1 T N E S S S T H : Tax .60 V
has for a number of years arar. 1.00_
MAT WHIMS, the said lasso Curry
`oared for and supported the said ypttie Curry,
who is his mother; and I raid •3.60
j 'XnS1dtA6, said Lottie Curry
desires to convey to the said .saac
Curry the property hereinefter described,
\.
Nuw YEERSPORT,Iin consideration of Five Dollars and other valuable
considerations and the natural love and affection of said Lottie curry for
bargains and sells, and
said Isaac Curry, the said Lottie Curry hereby grants, bar g
conveys, unto the said isaac Curry,
with general warranty of title, that
certain lot or parcel of land situated in what was formerly the Village of j
Milton, in Albemarle County, Virginia, on the northeast side of toe milton-
i ralmyra Road, the said lot hereby conveyed fronting two hundred and seventy-
eight (E78) feet on said road) and being all of a eertain lot conveyed to the
said Lottie Curry by deed of John s.rarrish and wife, dated December 20tn 1905,
recorded in the Clerk's Office of the Circuit Court of Albemarle county in D.13
i 131 page 499, except so much of said lot as was conveyed by said Lottie Curry
I '
1
1
I
I
1
to Lewas Curry by deed dated uctober 29th 1926, recorded in the %lerk'e
Office aforesaid in D.B. 195 page 63; to which deeds reference is Hereby
made for a more particular description of the lot of land Hereby conveyed.
The said Lottie Curry covenants that she is seised in fee simple o.
the land nereby conveyed and has good right to convey the same; that aims Has
done no act to encumber said land; that the grantee eha11 nave quiet possess-
ion of said land free from all encumbrances; and that she wits execute such
jt other and further assurances thereof as may be requisite.
Witness the following signature and seal.
her
Lottie x Curry (SEAL)
Witness: Lyttelton Waddell marl:
STAIN OP' VI .GIN1A
COUNTY Ulf ALBEMARLE TO WIT:
1, Ida L.Andrews, a Notary Public in and for the County and state
aforesaid, nereby certify that Lottie Curry, whose name is signed to the
foregoing writing bearing date on the lst day of November, 1930, nae
rt
acxnowledged the same before me in my county aforesaid.
my commission expires the 26th day of march 1933.
Given under my hand this 1st day of January 1931. a
Ida L.Andrews, Notary rublic.
VIRGINIA:
In the uierk's office of Albemarle uirouit court, may 19th 1931.
Tnis deed was presented to me in said office and with certificate annexed
admitted to record at 1:15 l.L'..
111101t4 4)(k
Testes
iattil
a V clerk.
iiaac Curry etc i'hlS DEED, made this 16tn day of may in the year Nineteen hundred
TO TRUST
and thir one between Isaac Curry and Rosa Curry, hie wife, parties or the
David J.Wood etc ! first part, David J.Wood, L.W.Wood and W.F.Long trust s of time unarlott-
i
esville rerpetual ilding and Loan Company, parties f the second part,
Yee $2.50 whereas said parties o he first part have execu d unto time said Company
Tax .24
their bond, of even date, w h this deed, in t penal sum of Your Rundred
raid $2.74
and no/100 dollars, wit condition that ea parties of the first part shall
i N I
well and truly, in the manner preens bed/by its charter, constitution and
oy laws, pay to the said Company--unti such time as the snares or stock
nereinarter referred to shall be fully psi ,up--interest in monthly install-
ments
of 411.00 each, at the rate of six per cent. per annum, from the 16tn
day of may, 1931, on the sum,of two hundred and nb/100 dollars, advanced to
them by said uompany for redemption of two (2) shares of the stock thereof, •
for which they are subscribers, and partly on the credit of said snares, and
snail, in accordance with said charter, constitution and by-laws, during the
time specified, y the monthly dues on said shares, amounting to a8.33 1/3
each and shall paypall fines and charges, and shall faithfully perform all
'or their of er obligations to the said Uompary, as provided and imposed by
and :n p rauanoe of law, end the charter, conetitutlou and iy s wa or ai
r
} _ - _ _ 0 C 1 ( . .
ALBEMARLE COUNTY
63
J 1
— \ .
V--''/1----- \
\ •\
\ I\ \ -/- ( \.,
2 N(/' K
\\ 1 \ 5A1 \ \ -•\ c 1 46 \
1
I ( '1)* L\. ') /.
- \ A.
`
. \14 ie—, }-----/
! \
46A ..
. \ \
( /
i I
\ \
i _ -
I I
)__ -- i
...........,,_ to
.:
\ i/___.
S D \
ii . 12 A \
j \ \ \
1\ )\
) 1 I 2D
1 2 A I 1
I- •
1D.
78 ' 2,. i \ i 1 i / \ 4, \
80• I '1r
4. I /
K
38
- " K� I
r
i d VA-87-14 Elizabeth Johnson & •
•. 44 ,I, at.
w •, a, '50 Isaac Curr , Jr . TM 7S , P 37
/.....( MI .
.44400
7A SHAD WELLa :"suiz '
WOO i
' ANDQ'/�O 20 a ID eZis rr 24. • y
pE/KE DIST. tI�21
4.4
ENE S/ NIVAN_- N. '�-•- 22
•
•/ 1 no /
/,
' 1 mg (� 'js 0 77C C IT orsei/
/ *. \\\ .\
7///,,,
��- . �ifr 43A 38
1, '< 71\
4,/ A\ 42A1,40 p7A�,\
2®
�/ � i 33 /
//� .rk ar .)I x•�/� 29!' 2E ,.,-.
/. i V-2E_ 30
93
SCALA IN MT RIVANNA AND
"' '" "' 440 "' SCOTTSVILLE DISTRICTS SECTION 79
w■IMMEMMIlib Alb
1 k' . '
VIRGINIA,
. IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT NOVEMBER 15, 1952.
This deed was presented to me in said office and with certificate annexed j
admitted to record at 10:00 A. M.
Neste:
ULA. 40•m M^' ,Clerk.
1
************************ *****
THIS DEED, made this 26th day of April 1952, between Isaac Isaac Curry
Curry, party of the first part, and Rosa Curry, his wife, party of the to Gift
second part, Rosa Curry
WITNESSET H: Fee L2.00
Tax 3.75
Tran 1.')0
That for and in consideration of natural love and affection
Pd. 6.75 1
Isaac Curry conveys with general warranty of title unto Rosa Curry a joint
life estate with himself so long as they both shall live and fee simple
title if she survives him in 3.63 acres, more or less, in Albemarle County
r
•
Virginia, in the Scottsville District near Milton on the northeast side of
road from Milton to Palmyra, fronting 278 feet on the road and being the
I same property conveyed to Isaac Curry by Lottie Curry, a widow, by deed
dated November 1, 1930 and recorded hay 19, 1931, in the Clerk's Office of
the Circuit Court of the County of Albemarle in D. b. 213, p. 87.
The grantor covenants with hose Curry that he has the right
to convey said land to the grantee; that the grantee shall have quiet poss-
ession of said land,free from all encumbrances; that he has done no act to •L.
encumber said land and that he will execute such further assurances of said
land as may be requisite. •
WITNESS the following signature and seal:
Isaac Curry (SEAL)
STATE OF VIRGINIA I
COUNTY OF ALBEMARLE, to-wit:
I, Hope B. Rasor, a Notary Public for the County aforesaid,
in the State of Virginia," hereby certify that Isaac Curry, whose name is
I signed to the foregoing writing, bearing date on the 26th day of April 1952,
has acknowledged the same before me in my County and State aforesaid.
Given under my hand this 26th day of April 1952.
My commission expires November 19th, 1952.
Hope B. hasor, Notary Public.
VIRGINIA,
IN THE CLERK'S OFFICE OF ALBEMARLE: CIRCUIT COURT NOVEMBER 15, 1952.
This deed was presented to me in said office and eith certificate annexed
admitted to record at 10:00 A.M.
Teste:
g.A.tA U ,Clerk.
I �xxxxxY.�YxK.x
1♦
0
MARTIN & MARTIN
ATTORNEYS AT LAW
415 FOURTH STREET. N.E.
CHARLOTTESVILLE, VIRGINIA 22901
LEWIS A. MARTIN. JR. TELEPHONE 296-4151
LEWIS A. MARTIN, III AREA CODE 804
JEFFREY M. GLEASON •
•ALSO ADMITTED IN NEW YORK March 11, 1987
HAND DELIVERED
Mr. Charles Burgess
Albemarle County Zoning Administrator
Albemarle County Office Building
401 McIntire Road
Charlottesville, VA 22901
Re: Tax Map/Parcel Number 79-37 - Variance Request
Dear Mr. Burgess:
Thank you for the assistance yesterday. Enclosed please find the
following:
(1) Application for Variance
(2) Pamphlet concerning the Johnson-Milton House
(3) Application fee in the amount of $50.00.
I look forward to working with you on this matter.
Sincer ,
/1/0"2----
ewis A. Martin, III
LAM:etb
Enclosures
PS: ';‘j11
MAR 11781
ALBEMARLE COUNTY
ZONING DEPARTMENT