HomeMy WebLinkAboutVA199500003 Application 1995-05-05 y
County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
VA- 5'03 oo DATE: 5-5- 95
FEE: 95. 00 mA1 -7 7 /-s STAFF:
VARIANCE APPLICATION
OWNER (as currently listed in Real Estate)
Name Dorothy C. Knickerbocker Phone ( ) —
Address #12 Ednam Village, Charlottesville, Virginia
APPLICANT (if different from above)
Name Frank A. Thomas Phone ( 703 ) 672— 2711
Address P. 0. Box 871, Orange, Virginia 22960
CONTACT PERSON (if different from above)
Name Phone ( ) -
Day Phone ( )Address LOCATION: L- (pd--7� 19,-i n f S - I Eolnarr� Vlhxy,
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY )v 0
TAX MAP. a, PARCEL Oy-4; TM , ; TM , P
ZONED: 1 `,", ORDINANCE SECTION:
Board of Zoning Appeals Date: L/ 6 /9jr
( ) Special Permit ( ) Variance
( ) Proffers BZA ACTION: `IbIc1s (5.6) Board t-Ae resche..w(e Inectrino,4-a ALA,r
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DESCRIPTION OF REQUEST: See Attached Letter
5) VA-95-03 . Dorothy C. Knickerbocker (owner) , Frank Thomas
(applicant) Located on NW side of Ednam Village St in Ednam Village
S of Rt 250. TM59D(2) PO4-A6, zoned Residential, R-4 . Variance to
reduce the size of parcel from 10, 890 sf to create one 8 , 201 sf
parcel and one 13 , 594 sf parcel. \qlr\
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
See Attached Letter
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
See Attached Letter
3) That the authorization of such variance will not be of
substantial detriment to adjacent property and that the
character of the district will not be changed by the granting
of the variance.
See Attached Letter
The application may be deferred by the staff or the Board of
Zoning Appeals, if sufficient information necessary to this review
has not be submitted by the deadline.
I hereby certify that the information provided on this application
and accompanying information is accurate, true and correct to the
best of my knowledge and belief.
/ S Sr '1?9-5 S - 9
Signature a e Receipt# Date
VARIANCE CHECKLIST
The current application form must be completed by the applicant in
its entirety (the request should be clear) .
THE FOLLOWING INFORMATION SHALL BE SUBMITTED WITH THE APPLICATION
AND IS TO BE PROVIDED BY THE APPLICANT.
(4 Application with justification statement.
( V� Most recently approved recorded plat. If none exists, then a
copy of the deed description for the property or properties
involved in the request.
( 4 The appropriate drawings showing all existing and proposed
improvements on the property, with dimensions and distances
to property lines, and any special conditions of the property
that may justify the request.
(✓) The fee payable to the County of Albemarle.
THE ZONING DEPARTMENT WILL PROVIDE THE FOLLOWING INFORMATION TO
THE APPLICANT:
( ) One public notice sign for each roadway and/or road frontage.
( ) Instructions for posting signs.
( ) Copy of the review schedule.
5 -5 _95 .
(Person ccepting application) Date
SHACKELFORD, HONENBERGER,
THOMAS, WILLIS & GREGG, P. L C.
ATTORNEYS AND COUNSELLORS AT LAW
ONE PERRY PLAZA
P. O. Box 871
ORANGE,VIRGINIA 22960-0522
V R.SHACKELFORD,JR - 147 WEST DAVIS STREET
OF COUNSEL ORANGE 703 •672-2711
02
LOCUST GROVE 703•972-181�J P O.Box 1NIA
V R. SHACKELFORD III CULPEPER,VIRGINIA 22701
� FACSIMILE 703•G72-2714
CHRISTOPHER J.HONENBERGER 703 825-0305
FRANK A THOMAS,III FACSIMILE 703.825-8563
JERE M.H.WILLIS,III
SARAH COLLINS HONENBERGER
SEAN D GREGG
May 5, 1995
County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22902-4596
Re: Estate of Dorothy C. Knickerbocker
Request for Variance
Ladies and Gentlemen:
On behalf of the Estate of Dorothy C. Knickerbocker, I
respectfully request a variance from the provisions of
Section 15. 3 of the Albemarle County Zoning Ordinance with
respect to the minimum lot size for the following property.
This variance is requested to allow the subdivision of Tax
Parcel 59D204 Section A Parcel 6 into two separate parcels.
The property is currently known as #12 and #14 Ednam
Village.
The property for which this request is made originally
existed as two separate lots on the original division of
Ednam Village. It is shown as Section A Lots 6 and 7 on the
attached plat which is recorded in the Clerk' s Office of the
Circuit Court of Albemarle County at Deed Book 530, page
521. The property was improved with a one story duplex
consisting of two separate residences. The common wall
between the duplex units was also a portion of the boundary
between Lots 6 and 7 .
Dorothy C. Knickerbocker purchased both Lots 6 and 7 in
1991 with the intention of making them a home for herself
and her husband Kenneth. It was her intention that she
would live in one element of the duplex and he in the other.
Mr. Knickerbocker had health problems which required around
the clock care of professional nurses. Mrs. Knickerbocker
determined it would be easier for her to live separate from
him so as not to interfere with his care and to allow her
some privacy of her own.
While living separately, it was nevertheless the
Knickerbockers ' intention that they be able to move back and
Page Two
May 5, 1995
forth between the two units with some degree of convenience.
Mrs. Knickerbocker determined to build an enclosed gallery
at the rear of the two properties joining them so that
either of them might walk back and forth to the other's
home.
A building permit was requested to allow the
construction of the gallery in 1991. During the discussions
with the County Deputy Director of Inspections regarding a
building permit, questions were raised about the fire wall
requirement of the County Building Code insofar as it
applied to the gallery that would join the two properties.
The Knickerbockers, through their counsel Steven W. Blaine,
had requested that the permit be approved with an
affirmative obligation on the part of the Knickerbockers
that if the property ever were divided, a fire wall would be
constructed to meet Code requirements. Mr. Blaine' s
correspondence makes it very clear that it was always the
Knickerbockers' intention to re-divide the property at some
point in the future. The County was reluctant to approve
the permit with an undertaking of the Knickerbockers to
construct a fire wall. The Deputy Director of Inspections
suggested that the "cleanest" approach would be to simply to
delete the dividing property line to which the
Knickerbockers ultimately agreed. The property line was
dissolved in 1992 by a Deed of Consolidation dated September
14 , 1992 , a copy of which is enclosed.
After the issuance of the building permit, the enclosed
gallery was constructed. Unfortunately, Mrs. Knickerbocker
died before she could move into the property. Mr.
Knickerbocker moved into #12 Ednam (Lot 6 on the enclosed
plat) and continues to reside there. #14 Ednam (Lot 7 on
the enclosed plat) has essentially remained empty until this
time. Under the terms of Mrs. Knickerbocker's will both #12
and #14 Ednam are distributable to Mr. Knickerbocker. The
costs of maintenance and upkeep of #14 together with
homeowners association dues and utilities are significant.
Howard M. Zaritsky has qualified as Personal
Representative of the Estate of Dorothy C. Knickerbocker and
has authorized the undersigned to submit this request on his
behalfl. The undersigned qualified as the guardian of
Kenneth Kennedy Knickerbocker in January, 1993 . Both Mr.
Zaritsky and I have concluded that it would be consistent
with our duties as fiduciaries to eliminate the expenses
associated with #14 and to make it a productive asset. The
best way to do so will be to sell #14 .
1 Mr.Zantsky replaces Leigh B.Middleditch,Jr.and James G.Williamson who originally qualified as executors but resigned.
Page Three
May 5, 1995
Selling #14, however, will require the re-division of
Lots 6 and 7 into separate lots. Lots 6 and 7 in the
aggregate contain 21, 750 square feet. Divided equally,
neither of them would meet the minimum lot size of 10, 890
square feet required by Section 15. 3 of the Zoning
Ordinance2. At the same time, division of the property
along the old division lines may be inappropriate due to the
construction that has occurred. Attached to this request is
a detail of the rear portion of Lot 6 and 7 showing a new
proposed division line. The old line is shown as the
division between the spa room and the garage and is marked
in blue. The newer line is shown marked in red. After
leaving the dwelling, the new line will proceed straight to
the rear of the property intersecting the boundary at a
point approximately ten feet north of where the old lot line
intersected. As proposed, the new Lot 6 would be slightly
less than the 8, 201 square feet shown on the attached plat
while Lot 7 would be slightly larger than the 13 , 549 feet
shown on the attached plat.
A strict application of the zoning ordinance would not
permit the proposed division as the resulting Lot 6 would
have fewer square feet than the minimum of 10,890 required
by Section 15. 3 of the zoning ordinance. However, there is
no division of the property that can result in two lots each
meeting the minimum square footage requirement.
Furthermore, any division of the property which did not
follow closely the original plan would result in a serious
distortion of the property boundaries and have an adverse
impact on the nature of the whole area.
As noted above, it has been the intention of the
Knickerbockers from the very beginning to sever these
properties at some point in the future. The only reason
they were joined was at the suggestion of the Inspector' s
Department of the County to facilitate the issuance of a
building permit. If the property can not be severed, it
must be maintained as a unit.
Selling the property as a unit now would require
removing Mr. Knickerbocker from #12 Ednam. He is almost 92
years old and is under around the clock nursing care. He
has grown accustomed to the surroundings of #12 Ednam and
removing him to another facility would be seriously
disruptive to his mental and physical well being.
Postponing the sale until Mr. Knickerbocker' s death
requires Mr. Knickerbocker to bear the financial burden and
2 It should also be noted that an equal division on a square footage basis would require an unnatural configuration of Lot 7
in order to give Lot 6 the required footage.
Page Four
May 5, 1995
expense of maintaining #14 as a separate unit unless it
could be rented to a third party. Under the current state
of affairs, there is little question that at Mr.
Knickerbocker's death, both #12 and #14 would have to be
sold under the terms of his will to provide funds for taxes
and distributions to beneficiaries. I have been advised by
a realtor that there is very little, if any, market for a
property such as the joined #12 and #14 complex and the
property would sell at a substantial loss in its
consolidated state.
The hardships noted above are not shared generally by
other properties in the same zoning district and in the same
vicinity. To my knowledge, this is the only consolidated
Ednam Village duplex. As noted above, it was only
consolidated to facilitate the issuance of a building
permit. Each of the other duplex properties in the
neighborhood exists as a separate unit.
Authorization of the variance will not be a substantial
detriment to adjacent properties nor will it change the
character of the district. Granting the variance will not
result in any substantial change to the physical appearance
of the property except to the extent the construction of a
fire wall or some type of physical separation is required
along the new division line of the gallery (see attached
drawing) to conform to the requirements of the Building
Code. This will not be visible at all from the front of the
property and should only be minimally visible from the rear.
Furthermore, division of the property would conform in
spirit to the original plan for the Ednam Village properties
and would be very close to the originally contemplated lot
lines.
I would appreciate the opportunity to present further
information on this matter before the Board of Zoning
Appeals at its meeting on June 6, 1995.
Thank you very much for your consideration in this
matter.
Sincerely,
F ank Th mas
FAT, III/mee
Enclosure
cc: Howard M. Zaritsky
letter/albemarl
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DEED OF CONSOLIDATION 01395'6 . , _
THIS DEED OF CONSOLIDATION is made and entered into this 14th ., .
day of September., 1992, by and between JAMES G. WILLIAMSON and
LEIGH B. MIDDLEDITCH, JR. , as EXECUTORS OF THE ESTATE OF DOROTHY .•�.y
a
C. KNICKERBOCKER, hereinafter referred to as "Grantors", and JAMES ?
C. WILLIAMSON and LEIGH B. MIDDLEDITCH, JR. , as EXECUTORS OF THE
ESTATE OF DOROTHY C. KNICKERBOCKER, hereinafter also referred to
as "Grantees", whose address is c/o McGuire, Woods, Battle &
Boothe, 418 East Jefferson Street, Charlottesville, Virginia 22902.
RECITALS
R-1. By deed from Julia Ryan Wills and Jefferson National
Bank, Trustees, dated June 17, 1991, recorded July 1, 1991 in the
Clerk's Office of the Circuit Court of the County of Albemarle, 1
Virginia ("Clerk's Office") in Deed Book 1163, page 332, Dorothy
C. Knickerbocker acquired as and for her sole and separate
equitable estate, all that certain lot or parcel of land with the
improvements thereon and appurtenances thereto pertaining
designated as Lot 6, Block A, of Ednam Village as shown on a plat
entitled "Subdivis'.•n Plat of Se-tion One, Ednam Village Townhouses
•
near Charlottesville, Virginia"made by William S. Roudabush, Jr .
and Associates, Certified Land Surveyors, dated April 1973, revised I , r,
May 2, 1973, (the "Plat") and recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia in Deed Book 530, page
519-522 ("Lot 6") .
R-2. By deed from Harold E. Young and Jean Y. Waugh,
individually and as Executors of the Estate of R'-iby F. Young, dated
r
February 28, 1991, recorded March 14, 1991 in the Clerk's Office •'
• 4 ..L
in Deed Book 1143, page 553, Dorothy C. Knickerbocker acquired as w
and for her sole and separate equitable estate, all that certain
lot or parcel of land designated as Lot 7, Block A, Section One of ^ ' � •"
Ednam Village as shown on the Plat ("Lot 7") .
R-3. Improvements were made to the dwellings located on Lot ^''``;',; `•
' rp
6 and Lot 7 to combine the dwellings into a single dwelling. In
order to comply with applicable building code requirements relating
to fire separation walls, Dorothy C. Knickerbocker agreed to
consolidate Lot 6 and Lot 7 as a single lot for the purposes of
Albemarle County subdivision laws and regulations.
R-4. Dorothy C. Knickerbocker died testate on February 6, L -
1992. Her will is of record in the Clerk's Office in Will Book `:'
73, page 678. The will appoints Grantors as the Executors of her
estate.
R-5. By Declaration of Covenants and Restrictions made as of
•
May 15, 1973 recorded in the Clerk's Office in Deed Book 540, page
201, as amended b; subsequent supplemental instruments (the
• , .r r
"Declaration") , the developer of the Ednam Village development
imposed certair -ovenants al-i restrictions as p part of the Ednam - \ �•
Village development. The Declaration provides, inter alia. ..at
the Ednam Village Owners Association may assess the various lots N 'Ak
'51-
within Ednam Village for common expenses of the development. 4�:1, '>. • �}
Ali;, aw{ f
Owners of lots within the development are eligible for membership +'•: ,., •,, •i5 �
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in the Ednam Village Owners Association. The term "lot" is defined •A` ` {.'
,*"4:
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of
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411 the Declaration as any plot of land shown on any recorded w.<. " ; .• ,`""' °
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subdivision map of the Ednam Village development. ;-a,•h�x w)'".°
R-6. The Grantors desire to consolidate Lot 6 and Lot 7 in v, X, a,•,. ou
:
order to comply with applicable County and State building codeJ. `•�'y,J� _
-'A•t + -
requirements, without changing the treatment of such lots for the , ram`.
';. •
purposes of membership in the Ednam Village Owners Association or ' ,, , am•�«,
otherwise under the terms of the Declaration.
it ; ,
W I T N E S S E T H: ,'4-i �. ;''+
That for and in consideration of the sum of TEN DOLLARS
($10.00) , cash in hand paid, and other good and valuable : .. .4 --:
consideration, the receipt whereof is hereby acknowledged, the Sri
y; •
Grantors do hereby consolidate Lot 6 and Lot 7 into a single parcel a 4' ' C. ' '
for the purposes of the Albemarle County Subdivision Ordinance, 4 : ' , i.?oil iJ .
subject to the right to resubdivide the said consolidated parcel • s
.,t4 ^l 1 ��InT. .
as set forth herein. '' i=' ‘�+'";
The Grantors reserve for the Grantees and their successors and k
assigns, the right to resubdivide the consolidated parcel into lots tx.:
of substantially similar size and configuration as Lot 6 and Lot •. �'• 'Mpff
subject to bringing iy improvem.'rts into compliance with then
applicable building code requirements as a result of such 'r'7`1 r
resubdivision.
The combined parcel created by consolidating Lots 6 and 7 !1,, 9
.
shall nevertheless continue to be treated as two lots for the by
purposes of the Declaration.
Ednam Village Owners Association, Inc. joins in this deed: 1)
for the purpose of releasing any right, title and interest it may • ` � �.}
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LI.'.
•Y'EY_. Ss.w
have in and to the herein conveyed property, if any, by virtue of '..
any right of first refusal as contained in deeds recorded in the
Clerk's Office, ii) to acknowledge Grantees' right to resubdivide
the consolidated lot in the future, and iii) to acknowledge the
treatment of the said property for the purposes of the Declaration
as provided herein. Provided however, that nothing contained
herein shall constitute a waiver of the Association's right of
first refusal as contained in such deeds and as may relate to a
future sale of the consolidated parcel (as such or as separate,
resubdivided lots) to a third party.
This conveyance is made subject to all conditions,
restrictions, agreements and reservations now of record as they may
lawfully apply.
WITNESS the following signatures.
i--..,ctq S? i"FZ. (SEAL)
Leiigh B. Middledtch, Jr. ,
Executor of the Estate of
Dorothy C. Knickerbocker ~
ff _ y
�^^`-. , I . ln, _�� _ (SEAL)
ecutnr of he EstateJames G. Wi iamson, - r"
E
of Dorothy C. Knickerbocker
Ednam Village Owners Association, Inc.
By: c / :10c .1cf- (SEAL) •V '!
Its:
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STATE OF VIRGINIA
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CITY/QO451 Y OF C11a, Iv le..54s( le , to wit: •
The foregoing instrument was acknowledged before me this ,,?I
day of QC{Ubel , 19 by Leigh B. Middleditch, Jr. , Executor
of the Estate of Dorothy C. Knickerbocker. •
(SEAL) • • ••
Noe Noemrr bl
•
My Commission Expires: '-{f,'q51 _•
STATE OF VIRGINIA
CITYfeOMi'PY OF Arlo e�sj,1le— , to wit:
The foregoingT instrument was acknowledged before me this
day of 06-4-t.bei 19y.2- by James G. Williamson, Executor of
the Estate of Dorothy C. Knickerbocker. ^' ,
•••
•
(SEAL)
Notes y l i a _
My Commission Expires: 4(j?')Iycl i_ 2 • .
• '
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c �' Z 1
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60 00 ,a1 d' Z co I a vi
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e o a� 0 0 ,E 5 2
LOT 3 y LOT4 n LOT 6 L 0 T 7 <"a LOT 8 I. C w LOT 9 e"
I 20,093s.f. 9,749 s.f 8,407s.f. 10,894sf 10,026sf rn ro m• 80CZ
8,865s L I( I 9,090s.f ! 8,52 6s.f
63 36' 146.64. 113 87• 37• 89f 8749• 97 64' 22 15M
• S 47°4600 W 652.71 APPROVALS i • •
Hear Caul
"BIRDW00D FARM"
This subdivision is approved in accordance with variances granted by the
Albembrle County Board of Zoning Appeals on Jon 30,1973, Co.. No VA 73-0 E 1, • `�and Albemarle County P!onnrng Comm,sson approval of restricted road and +
access easements on Feb 12,1973
OWNERS APPROVAL
SUSDIVISICN PLAT OF
1
This subdwision•rs made with the consent of the undersigned owners, SECTION yIV:410'4
ONE / •�
proprietors, and/or trustees Ad roads and streets,if not previously
dedicated,are hereby tendered for Qedreatlon tb public u•° N7AM VILLAGE LLAGE
E D
y'�n` NOTES:
VEPCO RAW - D 8-443 p 625:OUNTY PLANNING COMMISSION BOA D OF SUPERVISORS /7 - V.T9T. R/W - OB 441 p495
TOW E SLOCATION MAP
Water Morn Esmt- Li El 444p49 i`.
IIVI I,.tv1'1 / - l ` NEAR C HA ALBEMARLE
�/
cndirmon �`��'^^" oesrgnat Agra C ALBEMARLE CO. `
1-7•7 4 Li- 1-7-79- A PR I LI •�1.'17�1`J'`� eel.
7 ti! Oi p�
Dote Dots • REVISED AE"r 973 r -� `''
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•
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L
�T t2,369 s.[ T.N n N . �` 0 Pb% /
E _ _ BLOCK A LOT 5 " ` LOT 6 0> 3
ATDondorrd i m ,n r 3
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N
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d:1a, • LOT 4 W� y . 6g 21 o N 47°38'19"W 81.35' � 7332 Q PARCEL"x" TO BE ACQUIRED
57`.3" 1 j A N• r.,ui w°o `r- ry °
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•� MEN o. e
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0 4s BY HOMEOWNERS ASSN.
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•
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iv II
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M i N i 11,479 s f �h'1 p0 , 0�, E• s• \ `.V '1" n 4 �• R=50 i 0' ti: °a6 Cg 01 / m 07.
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1 N47°44'35E �tiw°9' 9 y0 Tfb. BLOV , B O •
440
4. 1� 6` h M O I o 1. •
60 00 1pb Z - W p20'
I LOT 2 �S' r' `' I ° e. i
,,� Op OP _N O LOT 5 w109
_- _w - I %il
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° D N A ° A Q O
J
LOT 3 LOT4 LOT 6 LOT T N° I LCIT 8 . 'u, e°gA
I 20,093s.f. 9,749 s.f 8,40711.f. 10,894sf 10,026sf 8,865s f. I I 9,090s.f zF 8,526s.f
J I 63.36. 146.64' 113 87' 7 69..; 8749' 97 64'
• S 47°46.00 W 652.71 22 15' •
APPROVALS ar LAMS
1 •
"BIRDWOOD FARM" 6
This subdivision is approved6 in accordance with variances granted by the
Albemarle County Board of Zoning Appeals on Jon 30,1973, Case No VA 73-01, E �.w•r
and Albemarle County Planning Co,nm,sson approval of restricted rood and
access easements on Feb 12,1973 S U 8 D I V I S I CN PLAT OF
OWNERS APPROVAL ►.��
This subd,v,s,on',s made with the consent of the undersigned owners,
w✓` N.)SECTION ONE / Eo
•
proprietors, and/or trustees Ail roads and streets,if not previously NOTES:
dedicated,are hereby tendered for ()edita?Ion to public u!e E DNTAM VILLAGE VEPCO R/W - D8.443p625
/14" �� • TOWNHOJSES - V.T8T RAY - D8441p495 LOCATION MAP
Water Main Esmt.- D 8 444 p 49 �fr
JUNTY PLANNING COMMISSION BOARD OF SUPERVISORS r T
r NEAR CHARLC TESVILLErVA •�
� ^^ 3 A L B E M AR L E C 0. .
Chairman ! Des,pnat Agent s
' �:.i rI1 Oo
I-7-74 ". L-7-14 • A PRIL:;a �;, .
973 '.' o c 1_Dote Dote • REVISED Mi y tvd i
9:00
3
8,324s 1 .11.�
•,20at
LOT 5 LOT 6
7i
N O A _
WL�,• Q NO
Y 1' \
sae°2429"W U 'T��
EN68 T
OA N4?'38.19"W '
j N 0 •
,5 EM
4,299s 1 32a A 28•E
O �• N2628 � ¢
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s a. — o
. 2006 •g
N• n _
F. e
Z z
'0 13,549sf •
LOT 7
a:20°22' "
L:1618p 9
91 76,
4.36„
3 L`9025'
K � �O N G e 10°74.24"
N m
N
O
1
Z1,— `— o
r LOT 7 N
8,865 s f i
26' 8749'
5
iN PLAT OF
ONE •
VI LLAGE
USES
)TTESVI LLE, VA
RLE CO.
1973
•
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