HomeMy WebLinkAboutVA199100030 Application 1991-07-02V A-cu - 5 0
FILE NUMBER
APPLICATIO1 FOR: y
(check one
U VARIANCE
❑ SPECIAL USE PERMIT
❑ REZONING
❑ ZONING TEXT AMENDMENT
❑ MOBILE HOME
❑ HOME OCCUPATION
❑ ACCESSORY TOURIST LODGING
OWNER (a
Name 4 C
Address �
:ntly listed in
'V Po // %-/ ti
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DATE SUBMITTED
r 4%�
EE PAID (see reverse
DATE OF PRELIM CONF.
,Ci
STAFF AT PRELIM. CONF.
Estate) nbEa' -1V c f J ow (► 't¢ Pre/dAi)
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Phone (EL)
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APPLICANT i f different from owner) Day
Name -
/AI Phone
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Address
CONTACT,P SON (if different from above) Day
Name -
//VV Phone ( )
—
Address
TAX MAP/PARCEL NUMBERS (use reverse if needed) R�v4nro-��5�•
1.Tac �?_�"� - - -- - - - - -- 3. - - - -- -_ -- -_ -- _ -- - --
i.l�gyzel_7_13-- - - - -- 4. - - - -- -- -- - - - - -
EXISTING ZONING _ RA PROFFERED? Yes _ No - Acreage if different�'�
DESIRED ZONING 5entO PROFFERED? Yes No _ Acreage if different
EXISTING USE �E�rry CX7 a-1
PROPOSED USE f i i 2-,
ORDINANCE SECTION(S):
DESCRIPTION OF REQUEST : °4f� C
LOCATION: G W
/ ,/ Pil lJYi3 25 i 70e- it 5e7
JUSTIFICATION FOR REQUEST:
• 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 Ordina ce applicable to t is application.
• Signed Date , 19•
er, Contract Purc er, Agent) n
Fee $=�•f• 07)
Date Paid z11 C Received By 14_
lNotes:
1) VA _91_ Site Review Date: _/_/_ PLANNER: Recommendation:
int 30• John and Pauline Wray (owners Property ltheted Rd,at the
erseCtio � � zoned
Rural Are n of Rt 600 and Sylvan Ln on the SW side of
setback fro• 7'M33/P3'7B. Applicant seeks a variance to reduce the lr\
k ,m 25 to 21 ft tto attach a garage to a dwelling unit.\q
Board f Zoning App als Da e: / /, Action: u
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IV
VOK (, PAGE3 3 8 5
DECLARATION 7�1� lac
THIS DECLARATION, made and entered into this 1st day of T pllp, WA .,
February, i979, by Country Living, Inc., a Virginia corporation, ils"'-^pJ
referred to as the declarant, 7/3"/k,
W I T N E S S E T H:
glk��
WHEREAS, the declarant is the owner of certain real estate
situated in Albemarle County, Virginia, and more particularly
described as Lots 1 and 2 on a plat of R. 0. Snow and Associates,
dated December 13, 1978, a copy of which plat is attached hereto
and recorded herewith; and
WHEREAS, it is contemplated that the residue as shown on said
lots will be subdivided into eight other lots and the nonexclusive
right of way as shown on the aforesaid plat will also serve future
lots and it is the purpose of this instrument to bind not only Lots
1 and 2 above but any future lots subdivided out of the residue
which use the nonexclusive right of way; and
WHEREAS, each of the said lots has an appurtenance as a non-
exclusive righL- of way for purposes of ingress and egress to and
from State Route 600 over a private road more particularly described
and designated on the aforesaid plat of R. O. Snow and Associates; and
WHEREAS, the declarant desires to bind itself, its successors,and
assigns, for all liability for the repairs and maintenance of said
road, said lots to'be held, transferred, sold, conveyed and occupied
subject to charges for repair and maintenance more particularly set
forth herein, and all valid amendments hereto, said charges being
charges being covenants running with said lots and as such binding ,
upon any and all parties who have, or acquire title to all or any part
of said lots.
NOW, THEREFORE, the declarant declares and covenants as
follows:
1. Each subsequent owner of any of the subject lots or any
portion thereof by acceptance of a deed therefor, whether or not it
shall be so expressed in any deed or conveyance, shall be and is
hereby deemed to covenant to pay the prorata share of repair and
maintenance of the subject road from such times as said road is put
to use until such time as said road is accepted into the State system,
L,
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if ever, whenever a majority of the owners of said lots deem such
maintenance or repairs are necessary. A majority of the owners of
said lots shall determine the standards to which the aforesaid road
is to be maintained. As long As there are only two lots as shown on
t
the attached plat and the road is not used by the proposed lots as
aforementioned, if either of the lot owners determines that maintenance
is required on the road and the other lot owner determines that it is
not, either lot owner can have the maintenance performed and seek the
proper court of law in Albemarle County, Virginia, to impress upon the
i
other lot a lien for one-half of the expense of said maintenance with
said court determining whether or not such maintenance or repairs were
necessary. Each of the owners of said lots shall be liable for their
proportional share, that being if there be two lots, one-half or if
there be ten lots each lot owner liable for one -tenth of the cost of
repairs and maintenance of said road and shall pay to the person or
corporation performing such repairs or maintenance the determined
prorata share of the costs thereof within thirty days after a bill
for such charge is submitted by the person or corporation performing
such repairs or maintenance. If not paid within said time period the
amount due by such lot owner shall bear the interest at the maximum
rate provided by law and the other lot owners liable for such charges
4 of the person or corporation performing such repairs or maintenance
may bring an action at law against the lot owner obligated to pay the pro-
rata portionof said charge or foreclose the lien hereinafter provided
for against said lot owner's property and interest, costs and
reasonable attorney's fees shall be added to the amount of such
charge for which said lots owner is responsible.
2. There shall be a continuing lien upon each of said lots to
�. secure the payment of the charges herein provided for road repairs
or maintenance but such liens shall at all times be subject to any
first or second mortgage or deed of trust placed on the property at
any time until notice of such lien shall have been recorded as
hereinafter provided. If the prorata portion of any costs or repairs
i
or maintenance is not paid by any owner of said lot within thirty
days after the same becomes due and payable a notice of such nonpayment
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C,C0K r, 6 rT PArr.9 3 8 7
as to such lot may be recorded by the other lot owners or by the
person or corporation performing such maintenance or repairs in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia,
and from the time of such recordation the amount stated in the notice
nab a
with interest, costs and reasonable to 's fees shall become a ne t r y
lien prior to any first or second mortgages or deeds of trust recorded
subsequent to the date of such notice.
3. The existing road is not a public road and will not be
maintained by the County of Albemarle, the Commonwealth of Virginia,
or other public agency, unless and until the State accepts said road
into the State system, if ever.
4. Each lot owner of a lot on the attached plat by acceptance of
a deed to a lot on said plat takes the lot subject to the existing
road being used for access to any adjoining lands, including the
residue shown on 'said plat, upon approval of the planning commission.
Each lot owner of any lots so subdivided in the residue as shown on
said plat by acceptance of a deed to a lot in said residue takes said
lot subject to the then existing road being used for access to any
adjoining lands upon approval of the planning commission and approval
of a majority of lot owners of all lots shown on the attached plat
and a plat of any lots of the residue.
L.
IN WITNESS WHEREOF, Country Living, Inc., has caused its name to
be signed hereto by its duly authorized officer.
COU TRY LIVING, INC. y�
By _ \'
Jo n irdler, kPregicTent
STATE'OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
The foregoing Declaration was acknowledged before me this
1st day of February , 1979, by John G. Girdler, President, of
Country Living, Inc., a Virginia corporation, on behalf of the
corporation.
My Commission expires: October 19
No .any b is
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A
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o'-N 564 PAGE3389.
VIRGINIA: IN THE CLERIC'S OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF ALBE?iARLE
Th ddeed wapresented, and with Certifi ate annexed, admitt d to record on
at .' -5 O'Clock MH.
STATE TAX
LOCAL TAX
TRANSFER FEE
CLERK'S FEE —T ,00 TESTS:
PLAT % oy SHELBY J. MARSHALL, CLERK
CRA`TOR'S TAX
TOTS / 1 c BY: C" (� �7 \ `iL, li DEPUTY CLERK
.+..�.nr.r...w.�.......+.iiir:i r.+�.�.++mow. �...`-..+. �....�.. .� .. ...... �... :....... •�' . .
THIS CERTIFIES THAT ON L//9/8 I SURVEYED THE PROPERTY S _REON, AND THE TITLE LINES
AND IMPROVEMENTS ARE AS SHOWN ON THIS PLAT.
�mzAa � �� VA. CERT. N0. t 443
LUI 4
» ;t Qr,
Gary M. Whelan
Land Surveyor
Cho r l o Il •svi lle, Virginia
SUBDIVISION PLAT: D.B. 664 P. 388
SUBJECT PROPERTY LIES WITHIN HUD FLOOD ZONE C.
(NOT A FLOOD HAZARD AREA)
PLAT S H 0 W I NG PHYSICAL SURVEY OF
LOT 2
NORTHWOOD NEIGHBORHOOD
ALBEMARLE COUNTY
SCALE : I" = 60'
V I R G I N I A
JUNE 19 , 1989
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ALBEMARLE COUNT
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I 1✓ VA-91-30 Jahn and Pauline WRAY _ r
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