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HomeMy WebLinkAboutVA199900034 Application 1999-11-02 County of Albemarle Department of Zoning 401 McIntire Road 6 Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- 1 I l '6 _ t) 5 4 DATE: FEE: $95. W. fel 1 . 4 STAFF: VARIANCE APPLICATION OWNER (as currently listed in Real Estate) S -d »neC f AYl✓l t'h, 05 ees Name Ide IPnn,s -Dria, ha «Ol (rho phone (86( ) 96a - os)5 Address 110 D H-)n --ccrf, JtY'eci) l 0Z vQi o9 3 APPLICANT (if different from above) Name J a( &o7e- i BvIAAGITI Phone ( ) 8Z3 - 1373 Address 5C -Q, 00 ni9OUe CONTACT PERSON (if different from above) ----- Name I ract- ( oorzQ4L Phone ( ) - Day Phone ( ) Address �' LOCATION: 6 '7(0g TO C. Jl,poi PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP PA, PARCEL ft, TM , P ; TM , P ZONED: e.-a, ORDINANCE SECTION: Board of Zoning Appeals Date: / / i- S4y,L1--- 0, 5 a-�.2.- N0 STt)R-yy ( ) Special PerAit ( ) Variance 4/(5 ( ) Proffers 6 Oct BZA ACTION: (174 ._-/i. 2: ;:: - . /- Lf- 0 0 / a.. VA 99-34 (Skin #5) - Five Tennis Drive Land Trust (owner)/Tracy Boozer (applicant). Located on the N side of Hill Top Street approx. 200 feet E of its inters with High Street in Crozet. TM 56A2/Parcel 02-0A-00400, zoned R2, Residential. Requests variance to allow an addition to existing dwelling to be located 6 feet from side property line, a variance of 4 feet. 11111 / DESCRIPTION OF REQUEST: )3v , d roc ,�►1 4✓� e›,-/ • JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application -of this ordinance would produce undue hardship.�y� A 'J / i - &s 5 C7,ry ✓1 G/A /-y C/' • • r. J le m 3 oc 70 / cif e c J 1 Y ./J e✓ � � 74: " /u ,Ad ern1. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. (lN d f T, 74. .3 /was-t Jr r-f p�6'0...1' ati 0 —� e f t 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. Pi', id I h r0 IV\ 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. P601-f T Signature Date Receipt# Date r QVGW1-.. IP il, w.y ‘ \ \ , IR' rii ri r.ii ini III I 4 :1i i ill la _. 1 tfi:11i 0 ? Ell 01 s ir 1011:1, Toil, . ' a a Eli 3 �n l , \ III 0iti ' \ '\\ Illiblil4114S1 11Ht. 11 - _ Pl,�® \1 I '+ IIIG gII pII f • — , I 1. IIc,.... �I �,�I i � 1 ti I iiil lif IU.IIIIII 1,r • ��I��TP1� 1ti1 • ll I , .. .wolyi11 i • ��licJilib.." , w . , \ . _ ,..?, _ VI i',\ \ \ ''', t � \ \ 'v 11111141. y1'.yyhhlyl'- �I r;: 1 I4 ` _ __ a I11ii11011 iVGIOf i;,i�' • t o E ..• • M4. G-rer-1- f,lL ber V 1 . .. 575E 2a4 ft-- oX f.-) . — a • - • o a- .0�Ols DB J ern' �Nraa3,J ioo• 1 N rn 147 r122 � �0041 lOo4r 100.E :Ckf..t.i (00•1 ,r • - $ ' o r a l„ _ 0 - ® cc er_- c-i.;) ` c 1 $ _In _ o /Z d c1 et -c 1 {t` 10o too i60 bo (O0 100 AQ- .lasw b • 4- f J .W •I11en�A 1 P . s14scaooItt- Fie 91�a I e+ a" loa too IUD IoU rloo laa .� c• )1 C 1B 1 �S P ass - or • �n 4/ ,_____________________ 4.. a, .,,,,a 7, ® coi a Pia o r,1 c?‘ loo too :; ; - too KD0 _*N. Ul A , ----- � ..1 � o cci ko c( 0 Q o ® o o 0Q 0 /, •f-k ,....1....1.1 c.kde_, q ci ci ci N q r . c <•'1- l0d lOG 100 lbo 100 IUD • i 11'I S W Lo a •f-.S.rYe , o100 (Uo lovI 4 1 1 - _ �. � S .�Q o © t rz , a Io • , m� Pod D iA47 ® © % U4� P•48z — f Bocv_`Ic N 1)1 S� v1� _ tie MI/natty tao.9 1aa•q "� �/ y � lert IN s Z u_b — -— ,.'. -�`t -�t . , 4 h cl- p i-L .Y /`it - / • S Y. • " • _ , • — — — - - as . _�� = — _ s. ._ . --- -- -- —�` � — — - — ---"_--'. __. _ ::.•cam..._. _ - — OK i 1) G 0 51111 01331'3 • • THIS DEED made this 24th day of August. 1992. by and between BART J. SHAW-KENNEDY. hereinafter referred to as the Grantor; BART J. MAW-KEN EDY and ANNE M. WIAW-KENNEDY. Trustees of the FIVE TENNIS DRIVE LAND TRUST. under agreament dated April 22. 1985, whose address is Rt. 7. fox 207B. Charlottesville, Virginia 22901. hereinafter referred to as the Grantees; and ANNE M. SHAW-KENNEDT. wife of Dart J. Shaw-Kennedy. hereinafter referred to as the Additional Grantor, WITNESSITHI That for and in consideration of the sum of Ten Dollars (810.00). cash in hand paid. and other good and valuable consideration, receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby GRANT. BARGAIN. SELL. and CONVEY with GENERAL WARRANTY and EMGLISE OOPOIANT$ OF TITLE unto the Grantees. as Trustees of the Five Tennis Drive Land Trust under agreement dated April 22. 1985. the following described property: All that certain lot together with iaproveaests thereon located in the community of Croset. in the White Nall Magisterial District of Albemarle County. Virginia. frosting 100 feet on the north side of Hilltop Street summing back between parallel lines 224-7/10ths feet on the west side and 229-5/10ths feet on the east side. and designated es Lot 4 in Block A on plat recorded in the Clerk's Office of the Circuit Court of said County in Deed Book 275. page 310. The said property is the ,rene as that conveyed to the Grantor by deed dated June 15. 1992, recorded in the said Clerk's Office in Deed Book 12341. page 282. TO HAVE AND TO HOLD the property in fee simple with the appvstesssoss thereunto belonging upon the trusts and for the uses and purposes set forth herein and in the Trust Agreement. Full power and authority is hereby granted to the Trustee (hereinafter referred to as the "Trustees". whether one or sore). sad his or their successors, to protect and conserve the property{ to sell, contract to sail. and grant options to purchase the property: and any right. title. sr taterest therein on any terms: to exchange the property or any part thereof ter say other real or personal property upon any terms: to convey the property by deed or other conveyance to any grantee, with or without eeaaideratlees to mortgage. pledge. or otherwise encumber be property or any r .t theresft to lease. contract to lease, grant options to lease. and renew, stead. *seed and AONRT M. NllaaiMM1 ATN.e e. AT uAI 4014AALAPTVONPVIllia VA. > > • ' '' . uerwise modify leases on the property or any part thereof from time to time. • . ',,+ fur any period of time, for any rental and upon any other terms and conditions; and to releass. convey, or assign any other right, title. or . i interact whatsoever in the property or cny part thereof. No party dealing with the Trustees, or his or their successors, in relation to the property in any manner whatsoever, and (without limiting the "• foregoing) no party to whom the property or any pa rt thereof or any interest therein shall be conveyed, contracted to be sold. leased. or mortgaged by the Trustees. shall be obliged (a) to see to the application of any purchase money, rent. or money borrowed or otherwise advanced on the property. (b) to see that the terms of this Trust have been complied with. (c) to inquire into the authority. necessity. or expediency of any act of the Trustees. or :d) be r privileged to inquire into any of the terms of the Trust Agreement. Every need. mortgage, lease, or other instrument executed by the Trustees in relation to the Property shall be conclusive evidence in favor of every person I claiming any right. title or interest thereunder: (a) that at the time of the delivery thereof this trust was in full force and effect. (b) that such i. ,; instrument was executed in accordance with the Trusts. terms and conditions hereof and of the Trust Agreement and is binding upon all beneficiaries thereunder. (c) that the Trustees were duly authorised and empowered to .1 execute and deliver every such instrument. and (d) if a conveyance has been ; made to • successor or successors in trust. that such successor or successors l have been properly appointed and are fully vested with all the title. estate. rights. powers. duties and obligations of its, his. or their predecessor in ' trust. No Trustee shall have any individual liability or obligation ' whatsoever arising from his ownership. as Trustee, of the legal title to said property. or with respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property. or in otherwise 1 acting as such Trustee, except only so far as said Trust property and any trust funds in the actual possession of any Trustee shall be applicable to the payment and discharge thereof. ,4: eoeo.r w. wuasMw s M,YItlAr AV •A.. 2 ' e.* i a.vrovi y/. VA. K • r a '. • ;'; A copy of the Trust Agreement mentioned herein shall be filed in the office of Douglas S. Little. 413 Seventh Street, N.L., Charlottesville. Virginia 22902. The interest of every beneficiary hereunder and under the Trust Agreement and of all persons claiming under any of them shall be only in the • earnings. avails, and proceeds arising from the rental. sale, or other disposition of the property. Such interest is hereby declared to be personal property, and no beneficiary hereunder shall Save suy right, title. or interest. legal or equitable. in or to the Property. as such, but only in the earnings. avails. a:.d proceeds thereof as provided in the Trust Agreement. In the event of the resignation, death, incapacity, disability. removal, or absence from the State of any Trustee, a successor Trustee may be appointed in any of the following manners: (a) (In the event two or more Trustees are serving at such time) the other Trustee may in his or her sole and absolute discretion. designate and •: appoint a successor Trustee or Trustees by an instrument duly executed and • acknowledged, or r' • , (b) The beneficiaries may by unanimous written consent. with or 4��. without cause. appoint a successor Trustee or Trustees by an instrument duly 's executed and acknowledged, or (c) Substitution of the Trustee may be made with or without cause in accordance with Section 26-49 of the Code of Virginia as amended and now in• force. (d) During any period of time when there is only one Trustee serving ;,` hereunder. said Trustee so serving shall be vested with all of the rights and powers as Trustee as if be were originally named the sole Trustee. When any such instrument of appointment shall have been executed. the successor Trustee or Trustees named therein together with the appointing Trustee. if applicable. shall be vested with all the powers, rights. authorities. and duties vested in the Trustees therein named. including the right and power to designate subsequent successor Trustees as provided herein. Any instrument of appointment shall be recorded in the Clerk's Office of the Circuit Court of every city and county in which the trust property is situated. P.O.O? N. .w,.saww A VlMIlY A7 S.AN 3 ...NR.vT I, .i. VA The word Trustee or Trustees as used herein shall include the singular • and the plural and any successor Trustee or Trustees. �,. This deed is governed by and is to be read and construed with • reference to Section 55-17.1 of the Code of Virginia of 1950 as amended and now in force. This conveyance is wade subject to restrictive covenants. insofar as • now applicable. set in a deed of record in said Clerk's Office in Deed Book 277. page 104. and to all other easements. res*..vations, restrictions, and conditions contained in duly recorded deeds. plats. and other instruments constituting constructive notice in the chain of title to the said property • which have not expired by a time limitation contained therein or otherwise become ineffective. • The Additional Grantor joins in this deed solely for the purpose of tt . • conveying any interest she say have in this property. This deed shall be I � conclusive evidence that this real property is excluded for all purposes from the augmented estate of Bart J. Shaw-Kennedy as defined in Code of Virginia • 3Y f 64.1-16.1 (Repl. Vol. 1991). 1. • WITNESS the following signatures: • �. J • S d�' (saw ;; • . 1Mr Bart J. Shaw-Kennedy. indisduslly, '# and as Trustee of the live Tennis Drive Land Trust �� (SEAL) ne M.I l ur tsnaedy, indivi y. and as Trustee of the live Tennis Drive Land Trust STATE OF VIRGINIA CITY 0l CHARLOTTESVILLE. to-wit: 1 The foregoing instrument was acknowledged before as this As'til day of /4 vet . 1992. by Bart J. Shaw-Kennedy and Anne M. I. • Shaw-Kennedy. individually and as Trustees of the live Tennis Drive Land • Trust. of dime_ � ` My Commission expires:/, r/1.' R$WT w. wu.eesaa I as •TVIIMNSV At LAW • ..ata.+..swti . va. 4 i I n '. -1 ... IM i 1 VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: TO REcxaRD THISaN DEED WAS PRBSB?ITED, AND KITH CERTIFICATE ANNEX,pIS ADMITTED �' oaI ,194 , AT 3:3(Q O'CLOCK ! N. STATE TAX i Ir.S D (039) LOCAL TAX : ?.� (213) TamtsrER FEE _ II QQ (212 VSLF $ 1.0� (145) CLERK'S FEE $ ia,c; (301) PLAT $ TESTS SEC.58.1-802: STATE TAX ; �7(038) SF J.MARSHALL,CLERK LOCAL TAX $ Sa (220) LOCAL TAX $ (223) BY: 414"Ivrptiecigi'"; TOTAL $.1 •0