HomeMy WebLinkAboutVA200000001 Application 2000-01-04 es County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
VA- 2 OW , DATE:
FEE: $95. 00 (� 1 1�a k STAFF:
\\ VARIANCE APPLICATION
OWNER (as currently listed in Real Estate) 1
GLtid tua
Name ?LI
l` " L - Sc`J 17�
Phone (f)Li ) C/ - 1-/978
Address 11 2 f' Afto.-y ila4 4 a,-la--eSv:Llc_ (/4- -229o3
APPLICANT (if different from above)
Name SGLVv`:e_ Phone ( )
Address
CONTACT PERSON (if different from above)
Name (love Phone ( ) -
Day Phone ( )Address
LOCATION:
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY
*54144 t�t:I ,�
TAX MAP S$A-1 , PARCEL �D ; TM , P ; TM , P ��'JJ; r
ZONED: � ORDINANCE SECTION: (- C1c,,cs
Board of Zoning Appeals Date: _/ /_
( ) Special Permit ( ) Variance
( ) Proffers
1/0'u BZA ACTION: - �1)�9.00� ac",
�d cv v a �
111 •
DESCRIPTION OF REQUEST: L/C c51C o feEJer- r 41c- 5.4
Con ci it;"0K4 rpr (-- L'ck Lie. (we/c cle,,,:e.'& ct Geri:r-c 4:ov. 1e f v-
�vL Lt. A-.) rt.- .cc olt,- 1 + Yeas Ft�:�
!Loja4+' ll�w,..<. t..>e wa0.-1 -10 lac. R 4L r .-. 44- i2vud liecc.4u Pic-
.eaiv- LwW Jr /^`�f_.L,'� to ;�'IGrc cc� 3?` n-cW Lo y&.�.
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
S4w&-24 C-pfilzw s /. '4l
�LN Li(). i 5 v�v I Li- c'w ) La S1-1� ceS��� G��1� li.� (-to pry)ve.4 �.-
t S D 14( kv- I.L.I( bwf co,-1;)a .. ) h ivc.Itc fr- AA.4c y
Mt Ovrc- 7 ew 5 .
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
1 o
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. ( r-
(„Je .40611i �-�4;c1nwk 4..i wig•L�,( /1/e Q w/- - V 0 id,r 1/1e;el'I La's.
6 . r .-L.`LY1-1,e�s :v/Ie�.P :n 5 5 ‘-‘-lkl� 60"A u/-h. 4y � v�-e,-/ !ud eG73'f- s f
U�.t✓- i w -4-G....4.U..i T a /��.4:"1�...w.:•'l 4 1. vl ee 1 vJtJr!r G�4•t,c.7 ?l +L. J �jC
e.. 301
S 4,c -J;w e a o ?.rV v;d e CJ .✓- Se f✓e) e,.:JAL 0�e L e-� 4.1 1\It i drs)
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.
Signature Date Receipt# Date
• T •
.ax .
I(/‘e/
c --
zrN<"
COMMONWEALTH of VIRGINIA
In Cooperation with the Thomas Jefferson Health District ALBEMARLE-CHARLOTTESVILLE
State Department of Health FLUVANNA COUNTY(PALMYRA)
1138 Rose Hill Drive GREENE COUNTY(STANARDSVILLE)
Office of Environmental Health LOUISA COUNTY(LOUISA)
Phone (804) 972-6259 P. O. Box 7546 NELSON COUNTY(LOVINGSTON)
FAX (804) 972-4310 Charlottesville, Virginia 22906
November 30, 1999
Mr.Phillip L.Jordan
3125 Morgantown Road `�
Charlottesville,VA 229035y .zg "�
Dear Mr.Jordan:
Your application for a Certification Letter filed on August 13, 1999 with the Charlottesville/Albemarle
County Health Department has been evaluated in accordance with the requirements contained in the Code
of Virginia,Title 32.1-163,Chapter 6,Article I,The Rules and Regulations of the Board of Health,
Commonwealth of Virginia,Governing the Disposal of Sewage and current agency policy and procedures
for processing applications for certification letters and on-site sewage disposal systems.
Based on the information filed with your application,and the site and soils evaluations by our office on
August 20,November 4,and November 29, 1999,I regret to inform you that your application for a
Certification Letter for your property located on Morgantown Road(RT.738)near Ivy (Tax Map#58A1-
6)is denied. The department's findings and reasons for denial are set forth in Items A through C below:
A. Insufficient depth of suitable soil over bedrock
B. Insufficient area of acceptable soil for required drainfield and reserve area
C. Presence of unsuitable landscape positions
The soil profiles for the backhoe pits dug at the site on November 4 and November 29, 1999 are attached.
The locations of these backhoe pits are shown on the site plan.
In accordance with the Virginia Administrative Process Act,Chapter 1.1:1 and Title 32.1-164.1 of the Code
of Virginia,this letter is to further inform you of your right to appeal the decision of the local health
department,which is specified in this letter.
If you desire to pursue your right of appeal, in which you may at your discretion be represented by counsel,
the first step in the appeal process is to submit a written request within 30 days of receipt of this letter to
Dr. Susan McLeod, Thomas Jefferson Health District Director. All the facts and such other data or
information which would support your request for an appeals review of the decision that has been rendered
should be detailed and outlined.
The granting of an easement on the adjacent property to the south may be a viable option in attaining a
suitable area for a conventional drainfield. Also,the possibility exists that an alternative sewage disposal
system may be an option on your property. If this office may be of further service to you regarding your
application for a Certification Letter or Sewage Disposal System Permit,please contact us at(804)972-
6259.
Sincerely,
/XL)
Jack D.McClelland
Environmental Health Specialist Senior
Cc: Donald Hackler, Environmental Health Manager
•
•
$
555P60124 008099
Prepared by Mcclur., Callaghan & Atkins
THIS DEED dated this 30th day of July, 1996, by and between
HOMASELL E. EVANS, the Grantor, and PHILLIP L. JORDAN and IRENE
ROSA, husband and wife, the Grantees, whose mailing address is:
3125 Morgantown Road, Charlottesville, VA 22903;
W I T N E S S E T H s
THAT FOR AND-IN CONSIDERATION of the sum of TEN DOLLARS
($10.00) , and other good and valuable consideration, the Grantor
does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY
and ENGLISH COVENANTS OF TITLE unto Phillip L. Jordan and Irene
Rosa, husband and wife, as tenants by the entirety with full rights
of survivorship as at common law, and not as tenants in common, her
one-half undivided interest in all that certain tract or parcel of
land situated in Albemarle County, Virginia, fronting on State
Route 738, containing approximately 1.7 acres, and shown on
Albemarle County Tax May 58A1 as Parcel 6; being the same property
conveyed to Homasell A. Green by deed of Clarence Abell, et al,
dated March 23, 1954, recorded in said Clerk's Office in Deed Book
309, page 580, LESS AND EXCEPT that portion conveyed to the
Commonwealth of Virginia by deed dated December 11, 1957, recorded
in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 340, page 62.
Homasell A. Green died intestate in 1969, survived by her
husband, William G. Green, and two children, Melinda Jordan and
Homasell E. Evans, the Grantor herein. William G. Green died in
• 1974 at which time his life estate in the aforesaid property was
extinguished.
11111111111
'tv
Alba
.r,.. ALJC':$,.i.�...�a:�[% t �. 1., ' _a .,e h _lali Y'�Y.a1Rll.'.Y'i�Y.i_ .4 . f _, .; �''
n47 14 eKI555PG0I25
This conveyance is made subject to all easements,
restrictions, reservations and conditions contained in duly
recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property hereby
conveyed which have not expired by limitation of time contained
therein or have not otherwise become ineffective.
WITNESS the following signature and seal: -�
,44m 24 /(1,�45 (SEAL)
Homaneil E. Evans
STATE OF
CITY/COUNTY OOFAv�,,��
�,�.�.� , to-wit:
The egoing Deed was acknowledged before me this I,0 day
of , 1996, by Homasell E. Evans.
My commission expires: . 3 /, 2 00 0 .
i No Public
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
TO RECORD ON nt( o , 19 en/ ,AT /A:CO'CLOCK r M.
s/d,000.c.�J 1J it
STATE TAX $ l CO (03!)
LOCAL TAX $ . c.)0 (213)
TRANSFER FEE S I.I:aO (212)
I.T.T.F. $ 3.00_(104)
VSLF $ 1.00_(145)
CLERK'S FEE $ /a• OD (301)
PLAT $
SECF.53.1- 02: E:
STATE TAX $ •d O (03$) Y J.MARSHALL,CLERK
LOCAL TAX $ ..C)O (220)
LOCAL TAX $ (223) BY: _//21,41S,
DEPUTY CLERK
TOTAL $ 47. G c)
4
i
BK 1620rc0325 6K I G20°c072O i1O613Y 00 10
93
i�e.Prepared,�ay McC1 z Callaghan 4 Atkins
THI •9DEED ted this 7`" day of March, 1997, by and between
1
WIT.LIAM R. JORDAN, PHILLIP L. JORDAN, MARX A. JORDAN, CARY ANNETTE
JORDAN, and JUSTINE JORDAN, the Grantors, and PHILLIP L. JORDAN and
IRENE ROSA, husband and wife, the Grantees, whose mailing address
is: 3125 Morgantown Road, Charlottesville, VA 22903;
W I T N E S S E T H :
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS
($10.00) , and other good and valuable consideration, the Grantor
does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY
and ENGLISH COVENANTS OF TITLE unto Phillip L. Jordan and Irene
Rosa, husband and wife, as tenants by the entirety with full rights
of survivorship as at common law, and not as tenants in common, all
of their combined one-half undivided ilterests in that certain
tract or parcel of land situated in Albemarle County, Virginia,
fronting on State Route 738, containing approximately 1.7 acres,
and shown on Albemarle County Tax Map 58A1 a2 Parcel 6; being the
same property conveyed to Homasell A. Green by deed of Clarence
Abell, et al, dated March 23, 1954, recorded in said Clerk's Office
in Deed Book 309, page 580, LESS AND EXCEPT that portion conveyed
to the Commonwealth of Virginia by deed dated December 11, 1957,
recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, in Deed Book 340, page 62.
Homasell A. Green died intestate in 1969, survived by her
husband, William G. Green, and two children, Melinda Jordan and
• Homasell E. Evans. William G. Green died in 1974 at which time his
e1� Co R ic,( D ,sir,CLAW', •, CIOA •,4•s
zt
gas
111
Br 620rr,
4up 0326
sK 1620rr0729
life estate in the aforesaid property was extinguished.
Melinda Jordan seised of a 50 percent interest in the above-
described property, died in 1973, intestate, divorced, survived by
her four children, namely, William R. Jordan, Phillip L. Jordan,
Mark A. Jordan, Grantors herein, and Ocenia G. Jordan, Jr. Each
child inherited 12-1/2 percent undivided interest. Ocenia G.
Jordan, Jr. died, intestate, in 1975, survived by his wife, Cary
Annette Jordan, who possesses a life estate interest, and a
daughter, Justine Jordan, who is seised of 12-1/2 percent undivided
interest, Grantors herein. See attached two Affidavits.
This conveyance is made subject to all easements,
restrictions, reservations and conditions contained in duly
recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property hereby
conveyed which have not expired by limitation of time contained
therein or have not otherwise become ineffective.
WITNESS the following signature and seals:
W1 ' e1.41/\ (SEAL)
William R. Jordan
P
tllip L. Jordan _(SEAL)
(SEAL)
Mark . JoAlif,LA,
an
CA
24 Cary netts Jor n
c augh
SEAL)
intoro n
Thin
SS
an
.+uw+•..y.. ra
Ell . EK i 620rrp327 6 f 620 Pr; 0730
STATE OF tow / 7 .�
CITY/COUNTYY OF 4 Cj.e L n , to-wit:
The foregoing Deed was a4knowledged before me this / 7 Clay
of /flii , 1997 , by William R. Jordan.
�,y N+t+Ye,CISy tin county. oio
My commission expires: , rb +�"a""'^�' '''oM .
STATE/ OF TIROINIA AZ-LAW.,4
���J COUNTY OF �� f/.�,..„ Y , to-wit:
The foregoing Deed was acknowledged before me this e-9iligday
of Tide F , 1997 , by Phillip L. Jordan.
My commission expires: ?i
ry c
STATE OPT‘
OF _tic Lrp.t/ 1-,4,v7, to-wit:
n • foregoing Deed was a&nowledged before me this /7/4day
of /" �- , 1997 , by Mark A. Jordan.
Milk. County.Tim:
My commission expires: •
t�
N ary
STATE OF VIRGINIA A�,�}}TT GE ' `
CITY/COUNTY OF N ! to-wit:
The foregoing Deed was acknowledged before me this / 7 day
of , 1997 by Cary Annette Jordan.
My commission expires: (•44-dll 31, d very .
uI *-..i.A.vre
Notary Public
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF ]l la inway , to-wit:
PI •t':
t^kThe foregoing Deed was acknowledged before me this / 7 day
of `' , 1997 . by Justine Jordan.
My commission expires: 36 ? a J o •
IlL . ctary P.. c
_ r
SATE
GM 1 t
A
' 0".1%. &i , . +�
L
C'
6K " 620rP0328
6K 620PC073I
VIRGINIA IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMAR1E:
b THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
TO RECORD ON n a2) , lf`79 ,AT 3 O'CLOCK
STATE TAX $/Q I.00 (039)
LOCAL TAX $ 2 (213)
TRANSFER FEE $ ! (212)
I.T.T.F. $ 3.00_(106)
VSLF $ 1.00 (145)
CLERK'S FEE $ J . c.J (301)
PLAT $
SECT.58.1-802: TES1E:
STATE TAX $ O (038) Y J.MARSHALL, IC
LOCAL TAX S .C. (220) p
LOCAL TAX $ (223) BY: Q,tL/►. 1 • /laN
DEPUTY «
TOTAL $ 3 S co
WAS
TO k...a.k
FATE TAN
'CAL TAX
5 I620PG0732
AFFIDAVIT
State of Virginia at Large
County of Albemarle,to-wit:
This day personally appeared before me,a notary public in and for the state of Virginia at
Largea[.s L rpr.y r°"tea.., who after being duly sworn,makes oath as follows:
(I)That Homasell Abell Green died in 1969 intestate survived by her daughters,Homasell
Estelle Evans and Melinda Jordan,her legal heirs at law. William Garfield Green,her husband,
died in 1974 intestate.
(2)That Melinda Jordan died in 1973 intestate survived by her sons,Ocenia George
Jordan Jr.,William Ralph Jordan,Phillip Leslie Jordan,and Mark Abell Jordan,her legal heirs at
L
law.
(3)That Ocenia George Jordan Jr. died in 1976 intestate survived by his wife Cary
Annette Jordan and his daughter,Justine Jordan,his legal heir at law.
Sworn to me this day of rz ,1997,by
((( `/•t / . /Z D I I
Notary Public
My Commission expires: I 3I.cl(-`
�� Meta
(2
r� Jr., V►dliw ph Io:ee. n '
.. ....�wr.%. �.. - -
AFFiNAMM)PC0 733
State of Virginia at Large
County of Albemarle,to-wit:
This day personally appeared before me,a notary public in and for the state of Virginia at
Largekt/1//icy► gyp•• ...�.�,7,lc�Y ,who after being duly sworn,makes oath as follows:
(1)That Homasell Abell Green died in 1969 intestate survived by her daughters,Homasell
Estelle Evans and Melinda Jordan,her legal heirs at law. William Garfield Green,her husband,
died in 1974 intestate.
(2)That Melinda Jordan died in 1973 intestate survived by her sons,Ocenia George
Jordan Jr.,William Ralph Jordan,Phillip Leslie Jordan,and Mark Abell Jordan,her legal heirs at
law.
(3)That Ocenia George Jordan Jr.died in 1976 intestate survived by his wife Cary
Annette Jordan and his daughter,Justine Jordan,his legal heir at law.
jaw>we lure V.) ,rZ�"/11J.
1 sit 7T�
11
rSworn tome this .Q ` day of��►x v�r ,1997,by
Notary Public
My Commission expires: 31 r 1 cl c 1
♦
E.: i 620pc0 - 0i
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMAQrlr.
}
THIS DEED WAS PRESENTED,/AND WITH CERTIFICATE ANNEXED, IS ADMI1
TED
TO RECORD ON Z , A T . 194 7 .AT a O'CLOCK A M.
STATE TAX S (039)
LOCAL TAX S (213)
TRANSFER FEE $ (212)
I.T.T.F. $ 3.00 (106)
CLERK'SVSLF
FEE $ 1.00 per)
bildi S
SECT.58.1-802:
STATE TAX TESTE:
LOCAL TAX S (038)
(220) % Y J.MARSHALI.,CIZAK
LOCAL TAX $ (223)
d • A, .. /. / I /
TOTAL L.
i�:r 'T:+iTii
S M•
r
G. Green, whose names are signed to the foregoing writing, bearing date on
the 28th day of April, 1953, have each acknowledged the same before me in my
County aforesaid.
My term of office expires: June 28, 1959.
Given under my hand this 28th day of April, 1958.
(SEAL) Elizabeth W. Bailey, Notary Public
VIRGINIA:
IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, May 17, 1958.
This deed was presented to me in said office and with certificate annexed
admitted to record at 12:15 P. M. And Plat in Plat Book 2, page 107.
Teste: �t,,
f( , , Clerk
* * x # :air # * # # # * *
THIS DEED made this 16th day of May, 1958, by and between Lee H. Lee H.Wood,&c
Wood and Ruth Lee Wood, husband and wife, parties of the first part, and To: Easement
David J. Wood, Jr., Robert P. Englander, and Laurance L. Prince, parties of David J.Wood,Jr.&
the second part, Fee $ 1.50
Tax .15
Plat 1.50
Paid $ 5.15
WITNESSETH:
WHEREAS, by deed dated March 28, 1958, and recorded in the Clerk's (9 Ve2
#4
l 9 .
I Office of the Circuit Court of Albemarle County, Virginia, in D. B. 331, p. /4 / ram
\ 142, Hunter H. Garth and wife conveyed to the parties of the second part
47-1/10 acres together with a right of way 20 feet in width from the north-
eastern corner of said 47-1/10 ac es over the easternmost portion of the land
of the parties of the first part to State Route 676, a more particular descrip-
tion of said right of way will appear from deed dated May 13, 1911, and record-
ed in said Clerk's Office in D. B. 146, p. 470 from W. H. Vandevender and
wife to B. Gates Garth. Said right of way is also described on plat attached;
and,
WHEREAS, by deed dated June 6, 1932, and recorded in said Clerk's
Office in D. B. 216, p. 555, the Trustees of the Charlottesville Perpetual 11
Building and Loan Company conveyed to Lee Wood 95 acres, more or less, along
the eastern boundary of which the said above mentioned right of way lies.
The parties of the first part wish to increase the width of a
portion of said right of way.
NOW, THEREFORE, for and in consideration of TEN DOLLARS ($10.00)
cash in hand paid, the receipt of which is hereby acknowledged, the parties
of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL
WARRANTY OF TITLE unto the parties of the second part a right of way over a
\triangular strip of land adjoining the above mentioned 20 foot right of way
end more particularly described by reference to plat of William S.Roudabush
Jr. and Associates, dated May, 1958, and hereto attached and made a part of
this deed, as the triangular strip whose corners are designated on said plat
as #. and C., which right of way is to run with and be appurtenant to
VS i.
Homasell Green THIS DEED, Made this llth day of December, 1957, by and between
To: B & S Homasell Green and William G. Green, her husband of Albemarle County, Virginia,
Commonwealth of Va hereinafter designated as grantor (even though more than one), and the COMMON-
Fee S 3.00 WEALTH OF VIRGINIA, Grantee:
Plat .50
Paid $ 3.50 WITNESSETH: In consideration of the benefits accruing or to accrue
.-4\ - to the said grantor, by reason of the location and construction, or other
Ar._• improvement of part of State Highwa•i Route 679, Project 1302-26 between 0.265
Mi. S. of Int. Rte. 738 and Int. Rte. 738, along, through, or over the lands
itl131 � of the grantor, and for further consideration paid by the grantee to the gran-
tor, receipt of which is hereby acknowledged, the said grantor hereby grants
and conveys unto said grantee with general warranty the land of the grantor
needed for the location and construction or other improvements of said high-
way, the said land being as shown on a plan and survey of the said highway,
on file in the office of the Department of Highways at Richmond, identified
as Sheet No. 4, Project 1302-26, Route 679, all of said land being located in
Ivy Magisterial District, in Albemarle, County, and described as follows:
Being as shown on plans approved March 21, 1957, and lying on the
east (right) side of and adjacent to the center of present Route 679 from
a point in the lands of the grantor opposite approximate Station 39+86.56 of
survey centerline; to the center of present Route 738 at approximate Station
41+55 (including connection with Route 738); and containing 0.13 acre, more
or less, land of which 0.08 acre is included in the existing right of way and
0.05 acre, more or less, is additional land; and being a part of the same land
acquired by the grantor by deed recorded in Deed Book , page , in the
office of the Clerk of the Circuit Court of said County.
For a more particular description of the land herein conveyed,
reference is Made to photo copy of said Sheet No. 4, showing outlined in RED
THE LAND CONVEYED IN FEE SIMPLE, which photo copy is hereto attached as a part
of this conveyance and recorded simultaneously herewith in the State highway
Plat Book.
The said grantor covenants that he has the right to convey the
said land to the grantee; that he has done no act to encumber the said land;
that the grantee shall have quiet possession of the land, free from all
encumbrances, and that he will execute such further assurance of the said land
as may be requisite.
The said grantor covenants and agrees for himself, his heirs and
assigns and successors, that the considerations hereinabove mentioned and
paid to him shall be in lieu of any and all claims to ompensation and damages ',
by reason of the location, construction, and maintenance df said highway,
including such drainage facilities as may be necessary.
WITNESS the following signatures and seals:
Homasell Abell Green (SEAL)
Wm. G. Green (SEAL)
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
I, Elizabeth W. Bailey, a Notary Public in and for the County afore-
said, in the State of Virginia, do certify that Homasell Green and William