HomeMy WebLinkAboutVA199800012 Application 1998-05-04 County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
VA- 97-/c2- DATE: 5--
FEE: $95.00 ✓' STAFF: ' i/)
VARIANCE APPLICATION
OWNER (as currently listed in Real Estate)
Name DUANNE D. CARTER Phone (804 ) 293 - 4696
Address 430 NOB HILL CIRCLE, CHAR.LOTTESVIT,LE, VIRGINIA 22903
APPLICANT (if different from above)
Name Phone ( )
Address
CONTACT PERSON (if different from above)
Name ROBERT H. DOWNER, JR Phone ( ) -
Day Phone (804 ) 977 - 6155
Address 420 PARK STREET, CHARLOTITESVILLE, VIRGINIA 22902
LOCATION:
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE/ ONLY
TAX MAP 76B, PARCETQ 3-3 ; TM , P ; TM , P // 520QfJ2¢d
6vief_OtZONED: R / ORDINANCE SECTION:
Board of Zoning Appeals Date: Q�/ / S9 4 G1G,a>
5 rr� Di 5I
( /) Special Permit ( ) Variance
( ) Proffers a ,,,,/ ����
BZA ACTION: (3-I) A p preetd Pt/ G fie ��5�"�yo hBT'I .
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VA-98-12. (Signs #15 & 16) Dianne D. Carter (owner/applicant). Property located in
Nob Hill Subd. Off W. Side of Stribling Ave. Extd., which is off S. Side of Fontaine Ave.,
TM 76B/Parcel 3, is zoned R-1 Residential. Request is to reduce the front setback from
25 to 0 feet to construct a covered walkway from the house to the parking.\qlr\
DESCRIPTION OF REQUEST• Request a variance from setback requirements .
for a covered walkway from house to car parking spaces along Ncb Hill Circle
request zero setback. The purpose of this request i to cover an
existing walkway. N in :,s- Foa; ✓A Al A-IJCc-
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
I need to have a covered walkway from my house to the car parking area in _
order to continue living in the home in which I have lived for over 40 years.
My present walkway and steps are very slippery and dangerous for me to walk
alon durin• inclement weather. If I cannot •et a variance for the walkway I will
be forced to move from my home. -
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
The steep grade and terrain from the side of Nob Hill Circle to my house will not
accomodate a driveway closer to my door. The surrounding properties are either
un_develQped or have building sites and existing homes which do not require
such steep access.
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.
This is a very wooded residential area. Granting this variance will not change the
character of the district. I have over 212 feet of frontage. My house is
located nearly in middle of the road frontage.
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.
der:
Signature Date Receipt# Date
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unto the said A.Bellfield Pritchett, his heirs and assigns forever, with
Special Warranty of title, the said tract or parcel of land with its
appurtenances, it being the same land which was conveyed to Mary Pritchett
by B.J.Marshall by deed bearing date of May 7, 1900,. and recorded in the
Clerk's Office of the Circuit Court of Albemarle County in D.B. 138 p. 223,
to which deed reference is hereby made for a more particular description
of the premises.
Witness the following signatures and seals.
John M.Maury, (SEAL)
Special Commr.
Henry B.Gordon (SEEL)
Special Commr.
STATE OF VIRGINIA
COUNTY OF ALBEMARLE TO WIT:
I, Florence Kelsey, a Notary Public in and for the County aforesaid,
in the State of Virginia, hereby certify that John M. Maury and Henry B.
Gordon, Special Commissioners, whose names are signed to the foregoing
writing, bearing date on the 12th day of October, 1937, have and each has
acknowledged the same before me in my County aforesaid.
Given under my hand this 12th day of October, 1937.
My commission expires the 18th day of Sept 1938.
Florence Kelsey, Notary Public.
STATE OF VIRGINIA
1 In the Clerk's Office of Albemarle Circuit Court, October 12th 1937.
' This deed was presented to me in said office and with certificate annexed
admitted to record at 12:00 M. and #.50 stamp affixed.
Teste:
(� (� Q)-1 , Clerk.
S,Price Maury THIS DEED made this 7th day of October 1937, by and between S.Price
TO B & S i Maury, unmarried, party of the first part, and B.C.Spence and Marsha Spence,
B.C.Spence etc. parties of the second part,
, '. Fee 1.75 W I T N E S S E T H : - - -
"'Tax .12
'' Trap 1.00 li Tor and in consideration of the sum of Sixty three dollars and
' Plat .50
Paid 3.37 sixty cents (#63.60) cash in hand paid, the receipt whereof is hereby
jl acknowledged, the said party of the first part doth hereby Bargain, Sell,
40,1( tb. Grant and convey with General Warranty of title unto the said B.C.Spence
I
and Martha Spence jointly for their joint lives, and upon the death of
e either to the survivor in fee, all that certain tract or parcel of land
1/ 3� I; lying and being in Albemarle County, Virginia, as is shown on a survey and
plat of a part of Nob Hill subdivision near Fry's Spring dated September 28,
;. 1937, prepared by M.M.VanDoren, surveyor, and bounded as follows to-wit:
Beginning at a small oak on southern margin of Nob Circle, thence
easterly with margin of road 200 ft. to stake on corner of street, thence
with west margin of a street S 13° E 247.7 to stake and stone pile, thence
DB. a 3 7
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/' $ 711130' W 244 ft. to point, thence N 72°W 71' to point, thence N 9° E 295;
to the beginning.
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j, And being part of the same property conveyed to S.Price Maury q
by deed from Mrs. Louise Tatum dated May 29, 1916, of record in the Clerk's
S.
;; Office of the Circuit Court of Albemarle County, Virginia in D.B. 163, p. 97. ,
Yr<_ Reference is made to the said deed, references therein, a plat of Nob Hill f , y
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record in said Clerk's Office in D.B. 182 page 458 and to the said plat
,;' made September 28, 1937, by M.M.VanDoren, surveyor, which is attached herewith
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y , and made a part of this deed for a more particular description of said property M
4i hereby conveyed. 'y
4 Said parties hereto agrees that before occupying any dwelling In
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ly said property the said B.C.Spence and Martha Spence will fence the said I
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t, property hereinabove described. ,
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1`• It is further covenanted and agreed that said property can never
be sold to or occupied by negroes or any person or negro descent. 'a
''
The said party of the first part covenants that he is seised
'f in fee simple of said land, and has a right to make this conveyance; that hdl
has done no act to encumber said land; that the said grantees shall have
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quiet possession of said land free and clear of all encumbrances; and that
he, the said grantor, will execute such further assurances of title as may
be requisite.
Witness the following signature and seal.
I S.k'rice Maury (SEAL)
; .,/ STATE OF VIRGINIA
COUNTY OF ALBEMARLE TO WIT:
I
I, Carrie E.Taylor, a Notary Public in and for the County of 1
Albemarle, State of Virginia, do hereby certify that S.Price Maury, whose,
name is signed to the foregoing writing, bearing date on the 7th day of
October, 1937, has personally appeared and acknowledged the same before me
in my County aforesaid.
My commission expires the 13th day of August, 1939.
Given under my hand this 9th day of October 1937.
i.
Carrie E.Taylor, Notary Public.
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My commission expires: April 9, 1061.
Given under my hand this 4th day of November, 1958.
William A. Perkins, Jr., Notary Public
VIHGINIA:
IN THE CLERK'S OFFICE OF ALBEMARLE CIICUIT COURT, December 5, 1958.
This deed was presented to me in said office and with certificate annexed
admitted to record at 2:30 P. M. And $1.65 stamp affixed.
Tes te:
J1,f ►
Clerk
* * * * as * x-
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THIS DEED, made this 4th day of December, 1958, by and between IRA Ira Maupin, &c
MAUPIN and IIARGARET T. t1AUP1N, HUSBAND AND WIFE, of the first part, and To: B & S
WILLIAM M. CARTE and DUANNE D. CARTER, husband and wife, of the second part, Wm. M.Carter•,
St. Tax $ 33.
Co. Tax 11.
WITNES SET II: Trans. 1.
Fee 3.
Paid $ 49.
That for and in consideration of the sum of TEN DOLLARS ($10.00) G- Cr,
'To iliac
cash in hand paid and other valuable consideration, receipt of all of which
yrt...Q.104
is hereby acknowledged, the said Ira Maupin and Margaret T. Maupin hereby 6-7-66 (,,.
GRANT, BARGAIN, SELL and CONVEY With GENERAL WARRANTY OF TITLE unto said
William M. Carter and Duannr D. Carter, husband and wife, as tenants by the
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entirety with full rights of survivorship as at common law and not as tenants W Q
in common, all that certain lot or parcel of land situate in Albemarle County, 11 "/ 1(
Virginia, near Fr•y' s Spring in the Nob Hill Subdivision, containing 1.59 acre:
and more particularly described on plat of M. M. Van Doren, dated September
28, 1937, of record in the Clerk's Office of the Circuit Court of Albemarle
County in D. 13. 237, p. 237, and being the same property in all respects which
was conveyed unto Ira Maupin and Margaret T. diaupin by deed of Gaylon E. Wood
and Mary E. Wood dated January 5, 1955, of record in the aforesaid Clerk's
Office in D. B. 314, p. 286.
This conveyance Is made subject, however, to certain restrictive
covenants imposed upon the premises by deed of S. Price Maury to B. C. Spence
and Martha Spence, dated October 7, 1932, of record in said Clerk's Office
in D. B. 231, p. 236.
TO HAVE AND TO HOLD said property with all and singular the appur-
tenances thereto pertaining unto them, the said William M. Carter and Duanne
D. Carter, as tenants by the entirety as aforesaid.
Subject to said restrictions, said parties of the first part cove-
nant that they are seised in fee simple of the property hereby conveyed; that
they have a perfect right to convey the same; that said property is free from
encumbrances of any kind; and that they will execute such further assurances
as may be requisite to secure to said parties of the second part quiet pos-
session and completete enjoyment thereof.
WITNESS the following signatures and seals:
Ira Maupin (SEAL)
Margaret T. Maupin (SEAL)
12.
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VA-98-12 Duanne D. Carterc ,...;!,7>
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Tax Map 076B, Parcel 3