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HomeMy WebLinkAboutVA198900018 Application 1989-02-09 ALBEMARLE COUNTY -,4 I `\ Y \\ _y) // + I. \'�[\ y ' ` 2 r f t. 408 / ...,,--)'' 1li\---\'' p. Div ! ---)-, °g - .` i4 r /� ,� ' ".— • 35A a 6 / 111 '''`a.,"'-'.'--' 7 • * CD 74 u' \ Jj I � I J 4A 39 VA-89-18 New Bethel Methodist Church i " r Tax Map 115, Parcel 33, 44. 0.)c.---- ,, 4 I -____ __ \ \\ \ f1\_ 7�'/^' 310 IIII� l' „, SZ r 41* . f / \ / �.• arw, • ' V 17 34 .. U Zn , 48A 'IC HT'�7[ 1, ` / �Fri70 .- Z>77NV � r/ 2'Et \0 I1. 0Asx\ � a ,. ^ ,e ° � —���-- � 26 zz• zrwr� 224\\22& .J �--- l y—L- -i- .z. na \ a9 1 � 25�24 zro ,-- ,\\ 2 0 ter---___ — � • 4Ll 1} \ b\QJ `i 21 �/ 10 r o a e/ \ // /�--•� / (r I 6 C\ \ .,7/ ) 5 3 57A J; / 7 /�\ JS �,/ 506 Jtr�1 P. \ IZ — ,sc .\ 5R• J 1111 ,. ,,.. ..../ (l / a • \ ly r I `rs! I ` / 2 A P ._._ - -(, 1 I 4 / �� l 1 k _ % --__- — I 1 I i ,24 5=°" " `EE' SCOTTSVILLE DISTRICT SECTION 115 AP VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY IN RE: APPOINTMENT OF CHURCH TRUSTEES OF THE NEW BETHEL UNITED METHODIST CHURCH IN ALBEMARLE COUNTY, VIRGINIA. ORDER APPOINTING TRUSTEES This day came the religious congregation of the New Bethel United Methodist Church in Albemarle County, Virginia of the South Fluvanna Charge by its Pastor, the Rev. Cecil T. Pace , and requested the appointment of Trustees for said Church. AND, it appearing to the Court that the Trustees whose appointments are requested have been duly nominated and elected as Trustees of said. Church by the congregation of said Church as is evidenced by a true copy of the Minutes and Resolution of a Special Meeting of July 6 , 1988 , signed by said Pastor, which copy delineates the Resolution of said Meeting and said true copy was duly presented to this Court. ACCORDINGLY, Jackson B. Armistead, Andrew J. Clements and Fred Wayne Shifflett are appointed to serve said Church as said Trustees and are hereby vested with all the powers anL privileges and subject to all the duties and obligat ens conferred and imposed by law upon said Trustees. ENTER: /7 ,ae.,4e:i/e._ DATE: I ask for this: ;(-'\ 80USON E.PETERSON,JR Bouson E. 7eterson Jr . v,x�k �A�_�_ FRK AUorneyAt Law Attorney at Law tee- .� ��. �/� S rttsviilc.viiyinia post Office Box 296 '4�,/ :, i• Scottsville, V ..'=g'-n-_a 24590 Telephone: ( 8O4 ; 286-3200 VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY IN RE: TRUSTEES OF THE NEW BETHEL UNITED METHODIST CHURCH IN ALBEMARLE COUNTY, VIRGINIA• PETITION TO SELL REAL ESTATE Your Petitioners Jackson B. Armistead, Andrew J. Clements and Fred Wayne Shifflett, Trustees of the New Bethel United Methodist Church in Albemarle County, Virginia of the South Fluvanna Charge, respectfully represent as follows: 1. That the Trustees of said Church are the owners of a certain small lot or parcel of land, lying and being situate in the Scottsville Magisterial District of Albemarle County, 0 .16 of an acre by survey, containing H Virginia, near Woodridge, }� 620, Virginia State Highway No. on the west side of and adjoining being designated as "Parcel Y" on that certain preliminary plat of survey, dated January 19 , 1988, made by R. 0. Snow, Inc. , a copy of which is attached hereto as "Exhibit A" . ?; 2. That said certain small lot or parcel of land does not serve any useful Church purpose as it is on the opposite side of said Virginia State Highway No. 620 from the applicable Church structures. 3 . That said certain small lot or parcel of land is in fact all of said Church land on the west side of said Virginia j State Highway No. 620• E BOUSON E.PETE f iSON,JR. BC Attuuiey Al Law Scottsville,Virginia j, i4 l STATE OF VIRGINIA, COUNTY OF , to—wit: The foregoing instrument was acknowledged before me this o ? day of (3 C0 r- , 1988 by Fred Wayne Shifflett, Trustee. My Commission expires: �C { ??�.n / NOTARY ,'?UBLIC ib { � I 1 1 !i sl I zl t; �F -4- 4? OUSONE.PETERSON,JR. {' I Attorney At Lew Scottsville,Virginia 1 "EXHIBIT B" MINUTES OF THE SPECIAL MEETING OF NEW BETHEL UNIT1I) METHODIST CHURCH IN ALBEMARLE COUNTY, VIRGINIA OF THE SOUTH FLUVANNA CHARGE HELD ON JULY 6 , 1988 AT 7 : 30 P.M. RESOLUTION Be It Resolved, that the Trustees of the New Bethel United Methodist Church, namely Jackson B. Armistead, Andrew J. Clements and Fred Wayne Shifflett, be fully authorized and directed to Grant, Bargain, Sell, Convey and Transfer all that certain small lot or parcel of land, lying and being situate in the Scottsville Magisterial District of Albemarle County, Virginia, near Woodridge, containing 0 . 16 of an acre by survey, on the west side of and adjoining Virginia State Highway No. 620 , being designated as "Parcel Y" on that certain preliminary plat of survey, dated January 19 , 1988, made by R. O. Snow, Inc. , for the sum of $240 . 00 , unto Wallace M. Spradlin and Judith G. Spradlin, husband and wife, of Route 1 , Box 566 , Scottsville, Virginia 24590 and that the said Trustees be fully authorized and directed to execute and deliver on behalf of said Church a valid deed and all other such documentation as may be required in order to carry out this Resolution. CERTIFICATION I , Cecil T. Pace, of Route 2 , Box 73 , Palmyra, Virginia 22963 , Pastor of said New Bethel United Methodist Church, hereby certify that the above Minutes and Resolution are a true and correct summary of said Special Meeting held at said Church on July 6 , 1988 at 7 : 30 P.M. , which Meeting was called upon proper and timely notice by E. Thomas Murphy, Jr. , District Superintendent of The United Methodist Church, Charlottesville, Virginia District, for the consideration of the above matter and at which meeting the above Resolution was adopted by unanimous vote of the congregation of said Church. The Rev. Cecil T. Pace Pastor, New Bethel United Methodist Church STATE OF VIRGINIA,� COUNTY OF ii2j7`2?r , to-wit : The foregoing instrument was acknowledged before me this n akck- day of , 1988 by The Rev. Cecil T. Pace, Pastor of the New Bethel United Methodist Church. CJ �} My Commission expires : OcY 02 4 NOTARY P BLIC -2- BOUSON E. PETERSON, JR. ATTORNEY AT LAW VALLEY STREET SCOTTSVILLE, VIRGINIA 24590 POST OFFICE Box 296 March 8, 1989 TEL. (804) 286-3200 Mr. Charles W. Burgess, Jr. Albemarle County Zoning Administrator 401 McIntire Road Charlottesville, Virginia 22901 RE: Variance Request as to a portion of Tax Map 115, Parcel 32 near Woodridge on Route 620 in the Scottsville Magisterial District of Albemarle County, Virginia. Dear Mr. Burgess: Pursuant to our telephone conversation of today, enclosed please find the following documentation for your review: 1. The original of said Variance Request as signed by me. 2. A check from Wallace M. and Judith G. Spradlin to the County of Albemarle to pay the applicable fee. 3 . A copy of the applicable "Preliminary" plat of survey, dated January 19, 1988, made by R. O. Snow, Inc. , C.L.S. 4. A copy of the Court Order Appointing the Church Trustees for New Bethel United Methodist Church. 5. A copy of the applicable Church Resolution. 6. A copy of the Petition to Sell Real Estate. 7. A copy of the Court Order Authorizing Sale of ( said) Real Estate. I trust that you will find everything to be in order, but if anything further be required of me, please contact me at your earliest convenience. As promised in our telephone conversation of today, I will be present at your Hearing on April 11, 1989 at 3 : 00 P.M. to represent the interests of my clients. - Mr. Charles W. Burgess, Jr. Albemarle County Zoning Administrator Page 2 March 8 , 1989 Thank you for your cordial assistance in this matter. With best regards, I remain, Sincerely, -�— Bouson E. Peterson, Jr. BEP:djb Enclosures (7) cc: Mr. and Mrs. Wallace M. Spradlin The Rev. Cecil T. Pace April 11, 1989 Board of Zoning Appeals Minutes of Albemarle County Page 19 was present to Bouson Peterson, Jr. , Attorney in Scottsville, s New speak for the application. He stated that the applicant,Bethel United Methodist Church was represented by ReverendCecil Pace and one of the Church trustees, Mr. Andrew Gate Clements. T. purchasers of the property, Mr. & Mrs. He stated that the contract resent. He presented pictures of Wallace M. Spradlin, were also p the property to the Board. The Chairman invited public comment. There being no further comment, the matter was placed before the Board. and moved Mr. Cogan stated that this was a typical nuisance strip, for approval of the variance. Mr. Rennolds seconded the motion. The role was called. Mr. Rennolds - Aye Mrs. Huckle - Aye Mr. Cogan - Aye Mr. Van Fossen - Aye Mr. Kennedy - Aye The next application before the Board was VA-89-18, New Bethel United Methodist Church. Mr. Evans read the staff report. VA-89-18. New Bethel Methodist Church, owner, propery known as tax map 115, parcel 32 , located on the east side of Route 620, +/- . 1 mile north of its intersection with Route 618, zoned RA. The applicant seeks a varien�o reduceethei onlotOsizeffrome Atheerequired County Zoning Ordinanc di allo two (2) acres to one and six tenths (1. 6) acres to w vision of thew staff of a nonconforming parcel. (See the attached copy report. ) ALB t (t) , �� L�' FILE NJMBER APPLICATION FOR: ��-41 fll \\ N`�(check one) O �� rU 4 DATE TTOD • ❑ VARIANCE : II �,,,� i � ` ‘ ; tf ' 6�(. H PERMIT REZONING IIRGI�IP MAR 9 1989 ❑ ZONING TEXT AMENDMENT DATE OF PRELIM CON1 ❑ MOBILE HOME ALBEMARLE %�LY ❑ HOME OCCUPATION 2UN!NG DEPARTMENT ❑ ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. • The Rev Cecil T. Pace OWNER (as currently listed in Real Estate) DayyT+e 604 ) 971 -0698 Na e New Bethel United .•Zethodist Church Address Scottsville, Virginia 24590 Rt. 620 a Day I. APPLICANT (if different from owner) hone (S )9ZL- �0 • Name Wallace I and Judith G. Sp Route 1, Box 566, Scottsville, Virginia 24590 Address CONTACT PERSON (if different from above) Day Law Phone (r^ ) 2$b- Name Bouson E. Peterson, Jr., Valley Street, P. O. Box 296 Scottsville Vir inia 24 Address LOCATION: State Route 620, Woodrid e Scottsv' Ma .. Dist. Al A. TAX MAP/PARCEL NUMBERS (use reverse cif needed) - - - 1. 115QQ - Ile _ Q' 4. - - 2. EXISTING ZONING g PROFFERED? Yes _ No _ Acreage if different ZONING PROFFERED? Yes _ No _ Acreage DESIRED Zvly1L`IV ' EXISTING USE Church owned but not been used for an church rurooses PROPOSED USE Res'. ential ORDINANCE SECTION(S): 1,,, containing 0 16 f DESCRIPTION OF REQUEST: The Applicants wish to bu "Parcel f an acre as shown on the hereto are co ies of- (1) said plat of sur Authorize OrderEstate. Also (3) Church Resolution- 0Est enclosed a co "Parcel �"' is alread a JUSTIFICATION FOR REQUEST: The ve small o ( lhudh au„. se "non--conformin " lot. Furthermore "Parcel Y" se e _ as it is on the o site side o Route II from X�� e h isc to more "Parcel Y" clearl A plicants. • The foregoing information is complete and correct to ofthe best teof my County knowledge. I have read and understand the eaPior.. Zoning Ord' ance applicab e to this application. stvlti A1�c`� - <:;ADate March 8 , 198�. • S.ibnei i� .••-.---�A E VA-89-18 . New Bethel Methodist Church (owner) , property known as tax map 115, parcel 32 , located on the east side of Route 620, +/- 1 mile north of its intersection with Route 618 , zoned RA. The applicant seeks a variance from Section 10. 4 of the Albemarle • Cou ty Zoning Ordinance to reduce the lot size from the required two (2) acres to one and six tenths (1. 6) acres to allow division of a nonconforming parcel . N Action: H / Board of Supervisors Date: _ _-/— t - Action: e Board of Zo 'ng Appeals Date: 4 LIU J e Ni. LesIpnafeC Agent 1 C • .ATIONS LISTED BELOW ARE IMPOSED C (0) py .BEMARLE COUNTY ZONING ORDINANCE !t C`r U 1 (� Ii AND ARE SHOWN FOR INFORMATION L� ]� i1 i� Y ARE NOT RESTRICTIVE COVENANTS • 4N0 AND THEIR APPEARANCE ON rH/S 0 TO IMPOSE THEM AS SUCH i ,"7 /'') _______S • fp--- _ • TAX MAP 115 - PARCEL 37 John L. or Karen C. Bunch . D.B. 895-128 Iron _�-- Found - rn T.M. 115 - PARCEL 31A 0ti Cecil A. & Sevilla Moe •14'45"E (.4 ivShif iett Iron N82 933'41 to r D.B. 601 - 585 Set D.B. 356 - 485 Iron )3 / Found PI A I tiV Iron . / ST. RT. 620 ?• POND Found v� �' d%? PARCEL X N ti44• h' !C7.36 QC. w ?pod?s . l: 1 I T.M. US - 318 D.B. 333 - 422 ° s"• k• l-PT. B Wallace M. E. Judith G. Spra Sp D.B. 174 - 294 PLAT 7e \ D.B. 580 - 247 . LAM. 115 - PARCEL 30 f"' �* Iron 1 Robert R. Vlo pipe c iv Found -- 0.8. 783 - 467 ��� 'r' 1 T.M. 115 - 32 Found \•S Iron N85'43'01 E , N6?• t?.)4 Foun. 202,45 \ New Bethel �3s'4, ra T '4 C SI6.12't4"E D.B. 54-4 Iron - �4c 1262‘ Found SOO•06'45•E �PT. C 41.33 i \ r: I 99// pipe 231.65 i , ,V- - • / ...7. I's / Found N82•16'02"W N00.06'45'W Qe s 3 3?4RCE4 106.62 I /T i9S 3/C -- _ . /p4q PT. D T "- PARCEL Y Sao -----. 115 - PARCEL 31 0.16 QC. 17.07 Verne!! N. Elllton ,5.89 D.8. 333 - 422 !9.32 D.B. 174 - 294 Plot '3• i3.3 6.6 : AC. RESIDUE8 ' 9.06 PLAT OF 3.30 6.45 10.514 ACRE TRACT 0•79 COMPRISED OF PARCEL X , A PORTION OF. PARCEL 31 T.M. 115 °' THE PROPERTY OF VERNELL N. ELLITON AND PARCEL Y, A PORTION OF PARCEL 32 T.M. 115 THE PROPERTY OF NEW BETHEL CHURCH LOCATED IN THE SCOTTSVILLE MAGISTERIAL DISTRICT ALBEMARLE COUNTY , VIRGINIA DATE : I-l9�B� SCALE : I// = 200 FOR WALLACE SPRADLIN w w n►.AW iMf.