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HomeMy WebLinkAboutVA198800010 Application 1988-02-12 TILL NUMBER APPLICATION FOR: T'''� _ (check one) ^� ������ oZ-\ 1 3 mod' y VARIANCE Umilk", Iu-i [ DATE SUBMITTED ❑ S• PECIAL USE PERMIT • ❑ REZONING �r $ �"'P FEE PAID (see reverse) ❑ Z• ONING TEXT AMENDMENT IRGl1� ❑ MOBILE HOME DATE OF PRELIM CONF. ❑ H• OME OCCUPATION ❑ ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. OWNER (as currently listed in Real Estate) Name Richard Bertram Phone ( ) - Address 1555 N.E. Ocean Blvd. Stuart, Florida APPLICANT (if different from owner) Name Jim Darnell Phone go ) 672- 3426 Address 249 Bellview Ave. , Orange , Virginia CONTACT PERSON (if different from above) Name Marilynn Gale Phone ( 804) 977- 0205 Address 914 Monticello Road Charlottesville,VA 22901 LOCATION: Eastern side of U.S. Route 29, just south of Federal Express. TAX MAP/PARCEL NUMBERS (use reverse if needed) 1. 45BL1) _ - _Q5 - QC_ - _ 14Q. _ _ 3. - - - 2. - - - 4. - - - EXISTING ZONING HC PROFFERED? Yes _ No _ Acreage if different DESIRED ZONING PROFFERED? Yes _ No - Acreage if different EXISTING USE Vacant PROPOSED USE Wayside Stand- Agriculture ORDINANCE SECTION(S) : 24.2.1 and 5. 1. 19 DESCRIPTION OF REQUEST: Relief from Section 5. 1. 19(a)- Structure shall not exceed 600 s.f. in aggregate floor area. JUSTIFICATION FOR REQUEST: Applicant is in process of site plan approval for use of site as permanent garden center, with all required improvements provided. He would like to open as Wayside Stand within next 2 weeks using 1 greenhouse(2880s.f.; of the proposed 3 on his site plan. • 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 this application. oh-• Signed ba Date 2/I £', 198g' Y (Owner, ontract ha�ee1, Agent) Fee $ Date Paid �_ / / Received By { Notes: CSite Review Date: / / PLANNER: Recommendation: l a7 Ili Planning Commission Date: / / Action:ul Board of Supervisors Date: / / Action: 44 Ass C Bo r Appeal ate: 3 IS /c5S Action: 3/8jA. ),✓i -L- di't' / 1 5L, 8e - a/s rl,tu.0.17 lU Noll;is t ��'of ALg�� FILE NUMBER APPLICATION FOR: Ot --. \-- \D � � (check one) 4), . -_��I lli , ® VARIANCE �O�, ,� w C=7 DATE SUBMITTED ❑ SPECIAL USE PERMIT s : 44r c., C) ❑ REZONING ZP FEE PAID (see reverse) ❑ ZONING TEXT AMENDMENT IRGIN ❑ MOBILE HOME DATE OF PRELIM CONF. ❑ HOME OCCUPATION /i . ❑ ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. ✓OWNER (as currently listed in Real Estate) Name Richard Bertram Phone (_) - Address Address 1555 N.E. Ocean Blvd. Stuart, Florida / ✓ APPLICANT (if different from owner) ' Name JIm Darnell Phone (703 ) 672 3426 Address 249 Bellview Ave. , Orange , Virginia CONTACT PERSON (if different from above) Name Marilynn Gale Phone ( 804) 977- 0205 Address 914 Monticello Rd. Charlottesville, VA 22901 (L-4 ,13--C-,S -U) LOCATION: Eastern side of U.S. Route 29, just south of Federal Express. �Aw-lialub4C� ✓ TAX MAP/PARCEL NUMBERS (use reverse if needed) 1. 45B(1) -05 - OC - 0040 3. - - - 2. - - - 4. - - - EXISTING ZONING HC PROFFERED? Yes No Acreage if different DESIRED ZONING PROFFERED? Yes _ No _ Acreage if different _ EXISTING USE Vacant PROPOSED USE Wayside stand-agriculture ORDINANCE SECTION(S): 24.2. 1 adn 5.1. 19 J DESCRIPTION OF REQUEST: Relief from Section 5. 1. 19(a)-Structure shall not exceed 600 s.f. in aggregate floor area. JUSTIFICATION FOR REQUEST: Applicant is in process of site plan approval for use of site as permanent garden center, with all required improvements provided. He would like to open as Wayside Stand within next 2 weeks using 1 greenhouse (2880 s.f.) of the proposed 3 on his site plan. • 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 this application. J • Signed 3 �. 40k Date t S , 198 8 . (o wner, Q **t'�-h P a suL, Agent) VA-88-10. Richard Bertram (owner) , property known as tax map 45B1, parcel 05-C40, located on the east side of Rt. 29 , +/- . 5 miles north of its intersection with Carrsbroo} Drive, zoned HC. The applicant seeks a variance from section 5 . 1. 19 of the Albemarle County Zoning Ordinance to increase the permitted size of a wayside stand from the maximum allowable area of six hundred (600) square feet to two thousand eight hundred eighty (2880) square feet. C Board of Zoning Appeals Date: f$_/j Action: VIRGINIA ASSOCIATION OF REALTORSO I E. CONTRACT OF PURCHASE (This Is a legally binding contract;1/not understood,seek competent advice before signing.) REALTOR' �%%��• "^ This CONTRACT OF PURCHASE,made as of.___ November 30, _ 19_ , between_ 87 Richard Bertram .-_— ---.---- (the "Seller", whether one or more), and James D. Darnell & ------------ ---------------------------- ----- Delores C. Darnell_- (the"Purchaser' whether one or more),provides: Seller and Purchaser acknowledge that_ Hasbrouck & Gra,ham . is the Listing Broker for the Property,as defined below,and—REALTY WORLD-Heart of Va_ ("REALTOR®") is the Selling Broker, and that such brokers are the sole procuring agents for the transaction described in this Contract. I. PROPERTY.Purchaser agrees to buy and Seller agrees to sell the real estate,and all improvements thereon,located in the County or 4}(Xf._-..Albemarle_ . , Virginia, and described as: . The,.northernmost_48s000_square feet of Parcel 4A, of 4 Block C.• Carrsbrook_Subdivision �v�se,_ -_GQ_Lv�Q11— � . 4B,CTo'U / 4/ -� ba��v.c9�.._c _v .2 r%'i� t r •L c 11_ s.tickq e_4 lz'_ r �r 5U��r A3..=� ��{' � f��� ' �— (street address), n t con on y owl"as_ --_ ------ ---------------- together with the following items of personal property: ---------- ------- -- ---- ----(collectively the"Property"). 2. PURCHASE PRICE.The purchase price (the"Purchase Price") of the Property is One Hundred Seventy-Five Thousand__-_.-__.--- Dollars ($ 175.,900.00 —__),which shall be paid to the Seller at Settlement in cash or by cashier's or certified check,subject to the prorations described herein and further subject to one or more of the following financings,check as applicable: C (a) THIRD PARTY FIRST TRUST: This sale is subject to Purchaser obtaining (—) or assuming (—): a conventional (—), FHA(—),VA(.___)•VHDA(—) or other(describe) (- -------) loan secured by a first deed of trust lien on the Property, in the principal iiniount of$—_ __- - - .- , bearing interest (—) at a fixed rate not exceeding___-% per year,or (—) at an adjustable rate with an initial rate not exceeding ._____Sb per year, or (—) at the prevailing rate of interest nt the time of Settlement, amortized over n term of--._-_years. and requiring not more than a total of—_ _ loan discount points,excluding a loan origination fee. (If this Contract provides for the assumption of a loan, the parties acknowledge that the balance set forth above is approximate, and that Ott principal amount lu be assumed will he the outstanding principal balance on the dale of Settlement.) • (b) THIRD PARTY SECOND TRUST: This sale is also subject to Purchaser obtaining a loan secured by a second deed of trust lien on the Property in the principal amount of$ ____—_, bearing interest at a rate not exceeding ../o per year, amortized as follows: , and requiring not more than a total of _._.—__loan discount points,excluding a loan origination fee. $) (c) SELLER FINANCING: Seller agrees that $_125.0.04.QQ___--___of the purchase Price shall be evidenced by a note made by Purchaser in the principal amount of$—125.000.00 ,bearing interest at the rate of 10 % per year, amortized as follows:10 ._amort. schedules monthly_P.I. _payments balance due in three years. The Note shall be secured by a first (X),second (—) or(specify priority) — _ (—) deed of trust on the Property.The deed of trust and note shall provide,among other things, that: (i) the note shall be due and payable in full if the Property,or any interest therein,is transferred,sold or conveyed; (ii) Purchaser shall have the right to prepay the note at any time and from time to time in whole or in part (—) with premium or penalty of cO— % of the amount prepaid or(.X) without premium or penalty; (iii) a late charge of may be assessed by Seller for any payment more than=0— days late;and (iv) Other terms: --- ❑ (d) ADDITIONAL FINANCING TERMS: -- -- —_---- 3. DEPOSIT. • REALTY WORLD-Heart of Va. Escrow Agent") (a) Purchaser as glade a deposit with- .-------- ----------- ( Five Hundred 500.00 of . Dollars ($ - ) (the"Deposit") in casts (—),by check (X),or by a note (- ) and due and payable on_ -. _..__-_ _- __.__.___-._, 19.__.—,receipt of which is hereby acknowledged.The Deposit shall be held in escrow by the Escrow Agent until settlement and then applied to the Purchase Price or settlement costs. (b) If the Escrow Agent is a licensed real estate broker,the Deposit shall be held and applied in conformity to the regulations of the Virginia Real Estate Commission. Pursuant to such regulations, the Deposit will be held intact in the escrow account of the Escrow Agent until this transaction has been consummated or terminated. If this transaction is terminated due to the failure of a condition or a contingency set forth herein,the Deposit shall be returned to Purchaser; PROVIDED,HOWEVER,that in the event the transaction is not consummated and a dispute exists between Seller and Purchaser, such regulations require the Escrow Agent to retain the Deposit intact until all parties to the transaction have agreed in writing to the disposition thereof,or until a court of competent jurisdiction orders disbursement. 4. FINANCING.This Contract is contingent upon Purchaser obtaining a written commitment or commitments,as the case may be,for the third party financing described in paragraph 2. Purchaser agrees to apply for such financing within_IAA business days of the date of acceptance of this Contract by Seller and to diligently pursue obtaining a commitment for such financing.If Purchaser is unable to obtain such a commitment and so notifies Seller or REALTOR7 in writing before 5:00 P.M.local time on___N/A_ , 19 then this Contract shall become null and void and the Deposit shall be returned to Purchaser.If such a notice is not received by the deadline, the financing contingency shall expire.Failure of Purchaser to make such application or to diligently pursue obtaining such financing shall be a default hereunder,entitling the Seller to all of the rights and remedies available at law or in equity. 5. LOAN FEES. If a lender making a loan described in paragraph 2 requires a discount fee or"points"as a condition of making the loan,Seller agrees to pay the first trust lender up to 1A% of the principal amount of the first trust loan and the second trust lender up to % of the principal amount of the second trust loan, if any. Except as otherwise agreed in this paragraph 5, Purchaser shall pay all other costs and fees associated with obtaining the loan or loans. G. OTHER TERMS. (Use this space for additional terms not covered in the Contract.) Purchaser will be permitted to use the remainder of Parcel 4A Lot 4 Block C free of charge and vacate it on 60 days notice. ------------ Purchaser will have the option of matching any bona-fide offer on the remainder portion for a period of 72 hours. This contract is contingent uponpurchaser receiving approval for the establishment of a garden center retailing establishment on the property purchased, and , the cost estimates on_providing access from Route 29 North ( and the cost and availability �j)) -k of utility service. n-r_ �_ W1C7 ✓�t71L YJlO�=-i rn c 1An_��c 1()Aw&c �4���`p� � o� i-f' t. _ , .Lf771 t __ �_ it- s'c Addendum Attached: _ Yes _-- _No, Consisting of pages CIOS (over) 7. APPRAISAL/VA/FHA/nun.if VA or'MIA financing applies,any other provisions of this Contract notwithstanding,Purchaser shall not incur ally penalty by furl'eittr I Dee or any other penalty, or be further obligated undr s Ce t unless there has been de- livered to the Purchaser tt ccrti, issu VA or FHA (whichever financing Is applicable) ing the appraised value of the Property (exclusive of closing cost,if FI-IA)of not less than$ . It is Purchaser's option to proceed with this Contract without regard to the appraised value, and/or Seller's option to alter this Contract to comply with the appraised value providing one or the other option is exercised in writing signed by Seller and Purchaser within 72 hours of receipt of the certiticate of value.No ttppent of said appraised value may he nude without written mutual consent of Purchaser and Seller.1/nun/FUA financing applies,the appraised valuation it arrived tit to determine the rn2rinmm mortgage whirls 111111/1•/1 1 Will insure.IIUn/PIIA doer Fiat Warrant the value or the con- dition of the Property, 7'hr Purchaser should satisfy hintsel//herself that the prier mu!condition of the Property are acceptable. 8. NEW IMPROVEMENTS,If the Properly includes a new house,new condominium unit,new cooperative unit,or new modular home (all herein called"New Home") either subparagraph (a) or (b) must be fully completed before execution of this Contract by Purchaser. Seller represents and warrants that the information checked below is true and correct as of the date of execution of this Contract and will be true and correct at the time of Settlement.Check as applicable: ❑ (a) Ceilings in the New Home are insulated with — —__-_.type of insulation having a thickness of--inches,resulting in an R-value of____ _according to the manufacturer. Exterior walls in the New I-Iome are insulated with type of insulation having a thickness of . _ .inches,resulting in an R-value of according to the manufacturer. ❑ (b) No insulation has been or will be installed in the New Home. 9. CONDOMINIUM RESALE. if this Contract covers the resale of tt condominium unit,Section 55.79.97 of the Virginia Condominium Act (the "Act") requires Seller to obtain from the unit owner's association and furnish to Purchaser,prior to the contract date,certain infor- mation.Check one of the following as applicable: Cl Purchaser acknowledges receiving the information required by the Act prior to the slate of Seller's acceptance of this Contract. ❑ All of the required information has not yet been provided. Seller agrees to promptly obtain and furnish to Purchaser the required information. if Purchaser has not received such information within fifteen (15) days of the date of acceptance hereof by Seller, or if upon receipt Purchaser finds such information to be unacceptable. in Purchaser's sole discretion. Purchaser shall have the option, ex- ercisable within three (3) days following the due dote or date of receipt, as applicable,to terminate this Contract by giving notice to Seller.Upon such termination,the Deposit shall be returned to the Purchaser. Nothing herein shall affect the rights of Purchaser with respect to updating the required information in the event more than sixty (60) days elapses between the contract date and the date of Settlement. For purposes of the Act, the parties agree the contract date shall be the dote this Contract is accepted by Seller. 10. TITLE.Seller agrees to convey the Property to Purchaser by general warranty deed with English covenants of title and free and clear from all encumbrances, tenancies, and liens (for taxes or otherwise), but subject to applicable restrictive covenants and customary utility easements of record not adversely affecting the marketability of the Property. Notwithstanding anything herein to the contrary, Seller shall not he required to bring any action or proceeding or otherwise incur any expense to render marketable the title to the Property, and if Seller shall be unable or unwilling to remedy any valid objections to the markctabil.y of the title of Seller, not waived by Purchaser in writing, the sole obligation of Seller shall be to refund the Deposit.Upon the making of such refund this Contract shall be terminated,and no party shall have any claim against any other by reason of this Contract. Attorney'^ Office I1. SETTLEMENT';POSSESSION.Settlement("Settlement") shall be matte at_._ on or before anuary 30, 19 88 ,or as soon All thereafter as title can be examined and necessary documents prepared. ]]tosses ion p�((the Property sh.tll be given,at Settlement,unless of erwiseOe.Q :tweed in writing by the parties.'r Gius tr,.i e'se3•t:rf"trlCr pi,by-z 'S/`t'Y t r-('l t t o( /.c ypGt 1 I Mer e.yerl 6103.'y'{'Ir,,.n 12. EXPENSES:PRORAT1ONS.Seller agrees to pay the expense of preparing the deed and the recordation tax applicable to grantors.Ex- cept as otherwise agreed herein,all other expenses incurred by Purchaser in connection with this purchase, including without limitation title examination, insurance premiums, survey costs, recording costs and fees of Purchaser's attorney,shall be borne by the Purchaser.All taxes, assessments, interest, rent, and escrow deposits, if any, shall be prorated as of the date of Settlement.In addition to the Purchase Price,the Purchaser agrees to pay the Seller for all fuel oil remaining in the tank (if applicable) at the prevailing market price as of date of Settlement. 13. RISK OF LOSS.All risk of loss or damage to the Property by fire, windstorm, casualty, or other cause is assumed by Seller until Settlement In the event of substantial loss or damage to the Property before Settlement, Purchaser shall have the option of either (i) termi- nating this Contract and recovering the Deposit, or (ii) affirming this Contract, in which event Seller shall assign to Purchaser all of Seller's right under any policy or policies of insurance applicable to the Properly. 14. EQUIPMENT CONDITION AND INSPECTION. Purchaser agrees to accept the Property at Settlement in its present physical con- dition,except as otherwise provided herein.Seller warrants that all appliances, heating and cooling equipment,plumbing and electric systems, and well and/or septic systems will he in working order at the time of Settlement or of Purchaser's occupancy,whichever occurs first. Seller agrees to deliver the Property in clean condition and to exercise reasonable and ordinary care in the maintenance and upkeep of the Prop- erty between the date this Contract is executed by Seller and the time of Settlement or of Purchaser's occupancy, whichever occurs first. 15. REALTOR® FEE. Seller represents that he is party to a listing agreement with the Listing Broker pursuant to which the Listing Broker will be paid a fee for services. From that fee, the Selling Broker is to receive $ _ _ or 50% of the fee to be paid the Listing Broker.Seller hereby authorizes and directs the settlement agent to disburse to the Listing Broker and the Selling Broker at settlement and from the Seller's proceeds their respective portions of the fee. 16. DEFAULT.If either party defaults under this Contract,the defaulting party, in addition to all other remedies available at law or in equity, shall be liable for the fee to which the Listing Broker would have been entitled if this Contract had been performed and for any damages and all expenses incurred by the not-defaulting party and by fisting Broker in connection with this transaction and the enforce- ment of this Contract, including, without limitation, attorneys' fees and costs, if any. Payment of:t real estate broker's fee as the result of a transaction relating to the Property which occurs subsequent to a default under this Contract,shall not relieve the defaulting party of liability for the fee of Listing Broker in this transaction and for any damages and expenses incurred by the non-defaulting party and by Listing Broker. 17. TERMITE.ETC.INSPECTION.Prior to Settlement,Seller shall provide Purchaser an inspection report from a termite control com- pany certified and licensed by the Commonwealth of Virginia concerning the presence of,or damage from termites or other wood-destroying insects. If the inspection reveals active infestation in, or damage to the dwelling on the Property, Seller shall have the dwelling treated and the damage repaired by a company certified and licensed by the Commonwealth of Virginia and shall furnish a one-year bond on such work front the company,all at the Seller's expense; PROVIDED, HOWEVER, if the estimated cost of such repairs exceeds$ NIA Seller shall have the option to terminate this Contract unless Purchaser and Seller mutually agree to share the costs exceeding the amount above. 18. MiSCELT.ANEOUS.This Contract represents the entire agreement between the parties and may not be modified or changed except by written instrument executed by the parties: PROVIDED. HOWEVER. that the provisions of paragraph 15 above may not be modified or changed without the written consent of REALTOR®.This Contract shall be construed. interpreted,and applied according to the laws of the Commonwealth of Virginia,and shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties.To the extent any handwritten or typewritten terms herein conflict with,or are inconsistent with the printed terms here- of,the handwritten or typewritten terms shall control (f5A1. fQA Oct) 19. ACCEPTANCE.If this offer is not accepted by Seller on or before 5:00_p.m.(time),De.4e111b a I_ __, 1987, it shall become null and void without further action by Purchaser. WITNESS the following signatures and seals: (SEPARATE ALL COPIES BEFORE SIGNING BELOW) Seller accepts this offer this "i day of 7CC.41 GLr 19• /1Q C — (SEAL) �64.44,1/"Yt (SEAL) �sd9 Its• Seller Jf Purchaser (SEAL) `. �VLZ .�cxrnQe' (SEAL) Seller Purchaser REALTOR®executes this Contract (if appropriate) to acknowledge (SEAL) receipt of the Deposit and agrees to hold the Deposit in accordance REALTOR® with the terms of this Contract. COPYRIGHT© 1984 by the Virginia Association of REALTORS®. All rights reserved. This form may be used only by members in good standing of the Virginia Association of REALTORS®.The reproduction of this form, hi whole or in part, or the use of the name"Virginia Association of REALTORS®,"in connection with may other form,is prohibited without the prior written consent of rite Virginia Association of REALTORS®. VAR Form 600 Rev. 12/84 2nd Printing ALBEMARLE °COUNTY N,y VA-88-10 Bertram, Richard Tax Map 45B(-05-0C, Parcel 40 . � ' FR O ' 14 dts ._ �. e4 1x ne 410 ti� GAO \ 17 1s p�M S 1144148 4111:111111 iiiil . ...Al #14Allrl'iljia ***II NIX*kr -,,. le Aii 4e,llp >\\ I �� 2 _ .___:_, d �/ �/ 2 Crwymp4 -� 111,-,4._ / i 1 il ‘,'. r 4,,v,&®,. e i z 7 a r, C 1 I 1 ki / T4 FIZ.j4, 4 il 3 0az " 3 4,3‘'.1rop 3 al JO O �.o I® 1IOCKSA&8 CTION A ® CTION 13 or 10 CTION C BL ��. 2 ® tilTil I I I 14 I CTION D • 1 4 O PARCEL' 0 ® SECTION G ® SECTION E e 201 ," .° _ 7° CHARLOTTESVILLE DISTRICT SECTION 45B(I) . ,44 o t-- o.-. ... 2 'ne—..-...... w ..... - �rfrox loca�ia �v er w.�(.:... w w-......... -- Ta., FILEO N_B.L. , D