Loading...
HomeMy WebLinkAboutVA200000026 Application 2000-08-07 05/23/2013 22:35 FAX 4 003 comity of Albemar Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- DATE: U FEE: $95. 00 r, STAFF: 5 VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Name - ��. Cd"1--• st�c..� i 1. C Phone (PY)VA/ 511/G i Address � S� �s a rr.Lts/�� f'� l) fret— , l)-< G • IC • Lcs2�-. 7 ° 'r APPLICANT (if different from above) Name `6AcC41E Phone ( ) - Address CONTACT PERSON (if different from above) Name -C •)J4 et('} Phone ( 4 ) 9ei4- -q 179 Day Phone ( ) SME- Address '`{er CC -CGS 112"1(. �ESi.)/ VA_ z,7747 LOCATION: SE ex‘(. ,4r e414644;0`z i 144'i11 G'' +i-- $'+';"e'leti.s( ...fr4 "-'+. 6K4e•.dtat'. PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION or YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAPC9 1 , PARCEL � ; TM P TM P 3(641 : e ZONED: Y"b5C ORDINANCE SECTION: L . a - — Board of Zoning Appeals Date: 9 / S / ►1U ki-c `i 4.*/ acres ( ) Special Permit ( ) Variance ( ) Proffers S M,��j Q 0 -LO ZA ACTION: n p 1'Ol(P1i (KLMy Y ��7 it i 4-5 ©0 fc)\(i10.\V r</fr",/' e Of- ft,Luej JL61A 4.,)A4r\ , 1 P I n eloAf.A.Ot VA-2000-026 (Signs #2 & 3) — Car Care Centers, LLC (owner)/Marcia Joseph (applicant). Located in the S quadrant of inters of Rt. 742 and Mill Creek Dr. TM 91/Parcel 2D, zoned Planned Development-Shopping Center and Entrance Corridor. Requests a decrease of the minimum building setback from a residential district from 50 to 47 feet for construction of a car wash building. U5'ZS%2013 22:35 FAX 4404 - • wn� ?If`, Uk,c DESCRIPTION OF REQUEST: JUSTIFICATION SHALL DE EASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 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. 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. Signet re Da y Receipt# Date Variance Request Mill Creek Car Wash August 7, 2000 Definition of Request A variance from Section 18.25.6 of the Albemarle County Code is requested A building currently under construction has been built on the site. 10.15 square feet of the 1,463 square foot building encroaches 2.86' into the 50' yard requirement. Therefore,this request is for a variance from the required 50' yard requirement to a 47.14'yard requirement. JUSTIFICATION 1) That the strict application of this ordinance would produce undue hardship. This variance request is a result of human error. It occurred when final design details were made to the car wash building prior to final site plan approval The person changing the plan moved the building graphically into the yard requirement. This plan was then sent to the following people for their use. • The architect • The surveyor • The owner • The county's site review team • The building plan reviewer • The site contractor • The building contractor This error is a very small area on the plan measuring near 1/8 of an inch as it juts into the yard requirement on the plan As it is apparent by the number of people who have looked at the plan and not noticed the error,that the encroachment is minimal To require the owner to remove the corner of the building,or move the building,would produce undue hardship The financial means required to comply with ordinance standards is not currently known More information concerning this aspect will be available at the time of the hearing in September. The owner began and continued construction based on good faith after passing through the review process and receiving approval. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. The most southern side lot line on this property is not perpendicular to the lot line adjacent to Route 742 Most of the lots in this vicinity have side lot lines that are perpendicular to the lot line adjacent to Route 742. If this lot were not located in the Entrance Corridor Overlay District(EC),the side wall of the building would have been designed to run parallel to the set back line,this usually minimizes the risk of encroachment. The EC standards require the buildings to be parallel to Route 742 which skews the building in its relation with the side property line. In an attempt to comply, an error was made Another reason that led to the building's location was the existing grades on the site This site was graded when the interior road was constructed. Unlike most commercially zoned areas in Albemarle County,this site is very flat. To allow the site to drain properly,the building was placed in an area that would allow a minimum grade of 1.5%away from the front of the building. Moving the building back several feet would further decrease the grade and increase the risk of poor drainage in the front of the building 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. The character of the area includes- • To the south, a water tower owned by the Albemarle County Service Authority, not readily visible from Route 742, • To the north,Food Lion strip mall • To the west,Mill Creek Subdivision The area includes the correctional center, multifamily housing, single family housing, industrial zoning, commercial zoning, and wooded undeveloped parcels The character of this area is in transition. There is no over all development pattern that has emerged. Small residential lots across Route 742 help to provide a pattern of development These units are clustered close together. This compact development will not be adversely affected by the encroachment of the car wash building across Route 742. The encroachment of 2.86' into the 50' yard requirement will not have a detrimental effect on the character of the area. The 2.86' is minimal and barely visually discernable from Route 742. The building is significantly lower than Route 742 and a retaining wall will further screen the building from view on Route 742 The area encroaching within the yard requirement is 10 15 square feet, this is 0.69%of the total area of the building(1,463square feet). This will have minimum impact on the site and on the character of the area. Variance Request Mill Creek Car Wash August 7, 2000 Page 2 06/04/2013 20:47 FAX WJUU1 • FAX MCSSAQE Joseph Associates To: Sharon Taylor r'rom: Marcia Joseph j.„0-4--,„ . Re: Mill Creek Market Ynd Car Wash Date: August 10, 2000 Sharon, The following five pages are the receipt and deed of the recorded subdivision and purchase you requested. If you have questions, please contact me. Marcia Joseph • 481 Clarks Tact ' Keswick, Virginia 22947 ' Phone 804-984-4199 Fax 804-984-3098 Email mjosep@ibm.net VO/V4/4V/O 441"40 YHA W MIL uoiiu,uu ua:xa r'AL 6u4 1417 5212 RION='=D & FISEBIJRNE 171002 • _ .:.�7:: ::.� ._• . . . ..... - • COMMONWEALTH OF VIRGINIA . ti4 V 1 ~ ‘ 1 3 OFFICIAL RECEIPT ALDE$ARLE CIRCUIT COURT DEED RECEIPT • DATE: 03/13/00 TINE: 14:03:30 ACCOUNT: 003C11000003485 RECEIPT: 00000004640 CASHIER: PIN REG: AIINI TYPE: DBS PAYNENT: FULL PAYNENT -INSTRUMENT- 1 000003485 -BOOK: PAGE: RECORDED: 03/15/00 AT 14:03 GRANTOR MANE : CREEKNILL LLC EX: N LOCALITY: CO GRANTEE NAME : CAR CARE CENTERS LLC EX: N PERCENT: 100X AND ADDRESS : 325 BARRACKS NULL CHARLOTTESVILLE, VA • RECEIVED'.E :LK ;mom113 F1 NBI1RNE DATE OF DEED: OE/25/00 DESCRIPTION 1: .780 IIACCRE UU 2: CONSIDERATION: 365,250.60 ASSIINE/VAL: .00 MAP: -GORE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 12.00 145 VSLF 1.00 439 DEEDS AND CONTRACTS 547.95 036 DEEDS OF CONVEYANCE 182.75 213 COUNTY GRANTEE TAX 182.45 212 TRANSFER FEES 1.00 220 GRANTOR TAX 182.75 106 TECHNOLOGY FUND FEE 3.00 TENDERED : 1,113.10 • AMOUNT PAID: 17113.10 CHANGE ANT : .00 CLERK OF COURT: SNELSY J. NARSHALL bG1s ply VU'V4/GVIJ 4V:40 ran Joy) 05/10/00 09:23 FAX 804 817 5212 RICHMOND & FI5HHURNE Io3 Albemarle Covaty IMP 09100-00-00-002D0 PREPARED BY McGuire, Woods, Battle&Boothe, LLP THIS DEED,made this 25th day of February,2000,by and between CREEKMILL LLC, a Virginia limited liability company, Grantor, and CAR CARE CENTERS,L.L.0 a Virginia limited liability Company, Grantee,whose address is:325 Barracks Hill, Charlottesville, `Virginia 22901; and RONNIE E. PARHAM and JANET X. P 4RHA.M, Contract Purchasers and Additional Grantors; WITNE S SETH' That for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration,the receipt of which is hereby aclaaowledged, Grantor,hereby GRANTS, BARGAINS, SFT.T S and CONVEYS with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE,unto the Grantee, the following real property: All that certain tract or parcel of land, together with all appurtenances thereto, located in the County of Albemarle,Virginia and described as Lot A-2, containing.730 acre, more or less as shown on a plat of Roudabush, Gale& Assoc., Inc., a Professional Corporation, dated December 21, 1999, consisting of four sheets, entitled "Creelubill Subdivision A Division of Parcel 2D, Tax Map 91, Scottsville District,Albemarle County,Virginia"(the"Property")of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1895, page 168; Being a portion of the same property conveyed to the Grantor by deed of Charles Wm. Hurt and Shirley L. Fisher, Trustees for the ITillerest Land Trust, dated March 9, 1999,recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1796, page 154_ There is conveyed as an appurtenance to Lot A-2, and Lot A 2 is made subject to the ea vmente and agreements contained in an Easement and Maintenance Agreement dated January 5, 2000, recorded in said Cleric's Office in Deed Book 1895,page 161. Utf/U4/ZU1J ZU:4a rA3 IQJUU4 o8/10/00 0 23 FAX 804 811 5212 RICHMOND & FISHBURNE 004 This conveyance is made expressly subject to the following restrictions which will be covenants running with the Property: A Construction of the improvements on the Property shall commence no later than two(2) years after the date of the recordation of this deed and shall be completed within three (3)years of the date of the recordation of this deed. B_ The Property is subject to a 35'wide vegetative buffer along the western boundary as shown on the aforesaid plat;no building or parking areas may be erected within this buffer zone_ C. Without the prior written consent of the owner of Parcel B as shown on a plat of Roudabush, Gale and Associates, dated May 5, 1999, entitled "Plat of Parcel 'A' of 0.732 Ac. A Division of Parcel 47, Tax Map 77 Located on State Route 742, Scottsville Magisterial District,Albemarle County, Virginia", of record in the CIerk's Office of the Circuit Court of Albemarle County, Virginia,in Deed Book 1815, page 301,which consent shall not be unreasonably or arbitrarily withheld, the following uses are prohibited on the Property and said restrictions shall run with the Property: 1. Department store 2. Furniture and home appliances(sales and service) 3. Indoor theaters 4_ Automobile, truck repair shop, excluding body shop 5. Building material sales 6. Factory outlet sales-clothing and fabric 7. Hotels,motels and inns 8. Light warehousing 9. Machinery and equipment sales, service and rental 10_ Mobile home and trailer sales and service 11. Modular building sales 12. Motor vehicle sales, service and rental 13. Sales of major recreational equipment and vehicles 14. Wholesale distribution 15_ Supermarket 16. The sale, for off-premises consumption, of packaged or fresh seatbod,meat, poultry, produce,vegetables, dairy products(except cone ice cream or yogurt)bakery products and/or grocery items 17_ Gas station/convenience store This conveyance is further made expressly subject to the easements, conditions, restrictions, and reservations contained in this deed and other duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not vtpired by limitation of time contained therein or have not otherwise become ineffective and any lien, UO/U4/LUIJ LU:431 YAA IQJUUS 08/10/00 09:23 FAI 804 817 5212 RICHMOND & FISHHURNE to 005 1 - �I inchoate or otherwise for real estate taxes and assessments not yet due and payable. Ronnie E. Parham and Janet IC_Parham as Contract Purchasers under that certain contract of purchase dated February 18, 1999,join in this deed to direct consent to this conveyance to the Grantee and to release all of their rights with respect to the Property conveyed herein_ WITNESS the following signatures and seals: CREEKM LL,LLC By: a0 1 ca._ (SEAL) e LaCour, Manager (SEAL) E. Parham SEAL) Janet Parham STATE OF \I Lr..si ni 4 CITY/COUNTY OF AibernrrlG to wit: ,f}_The foregoing instrument was acknowledged before me this`t day of t c_h , 2000, by Denise E. LaCour as Manager of Creektnill,LLC, on its behalf: eeev%)de Notary Public My Commission Expires: July 3L a003 • VO/V4/GVi. cv:. 0 rAA i�vv08 08/10/00 08:24 F.4 804 817 5212 RICHMOND & FISHBURNE I20 STATE OF V IeL��ir4 _ CITY/COUNW OF r+74A-l.vri ,to wit: The foregoing instruun ut was arlmowlcdged before me this r 3 day of R" '* , 2000, by Ronnie E.Parham. •ztt jam. . .ta6P_,. My Commission Expires: -/3 40 o STATE OF v l Eat I A. CITY/C( :EY OF Gfryt t Le-rrccSVA- , to wit: tvl- The foregoing instrument was aclawn edged efore me this ter day of /1~0- 2000, by Janet K. Parham 4 „IA gi-". t"' tiry 7 blic My Commission Expires: 71 3(1 jeo • 11cAe021091ts3l.eoo 4 Vat ZO/LVld CZ:04 rse WJuul FAX MESSAGE Joseph Associates .1� To: Amelia McCulley, Zoning Administrator From: Marcia Joseph Re: Mill Creek Market and Car Wash Date: August 3, 2000 Amelia, In looking at some other rezonings it becomes apparent that often times a buffer is offered as a proffer. The buffer in this instance is 35'. A buffer is designated as an area that will remain undisturbed. This differs significantly from a set back or yard requirement. The yard requirement merely indicates that a building can not be placed in the area;it does not mean that you can not change the grades in the area or remove all the vegetation in the area. The Board of Supervisors approved a buffer of 35'. Historically a buffer when interpreted on the site plan has been used as a setback line for grading, buildings and parking. I would ask you to consider using this as your guide for considering the car wash building placement on the Mill Creek site. It is clear that a buffer is much more restrictive than a set back, and in this case the buffer has not been encroached, and it is possible that the indication of a 50'set back on the plan does not reflect the intent of the rezoning_ if you have questions, please contact me Marcia Joseph 481 Clarks Tract Keswick, Virginia 22947 • Phone 804-984-4199 Fax 804-984-3098 * email mjostp@ibm net S 41111 II. , . . EASEMENT PLAT SHOWING NEW CROSS EASEMENTS AVON STREET EXTENDED (RANDOM WIDTH R/W) BETWEEN LOTS A-1 AND A-2 (ST. RT. 742) CREEKMILL SUBDIVISION o�`e�' N33,;39'24'E ;2e.47• TOTAL N Q. LOCATED ON MILL CREEK DRIVE - - �— - - 9947 - - - - - - - - - 22700• _Q Go?o2 vite ALBEMARLE COUNTY, VIRGINIA ' A PORTION OF TMP 91-2 • SCALE: 1" : 40' MARCH 24, 2000 I NEW CROSS A PORTION OF TMP 91-2 I p0 / LOT A-2 sss°2G'36 E EASEMENT LOT A-1 I 182.00' D.B. 1895 P 168 171 N33'39'24"E D B 1895 P. 168-171 / I I TIE: 193.50' CURB yy• / 'S79'21�'d9"HV TRAVELWAY . ;'•,,6 29.3.c' 83.50' N C) / _ __ N33'39'24"E o.,t Q '� TMP 91-1A / , _ - - I" �.z- i 1 ALBEMARLE COUNTY Y o ! N32°48'51"E i SERVICE AUTHORITY ; 34.00' I r D B 1089 P 670 /�o i `' r O ' I °`L/0 i Q 1 i N33'39'24"E i -1 cn N C) N yl,Cq I - 3LiJ 3 C:;';`,`aiiE!�iCe i 26.00' ; Q cn cn• tiIrn wH.� -�. �", ;-, > (") LJ�'�," O f<r'i m N CI Ip m Q O CI. iv co r OD Ww m LD tr N ( ' O O O(.) co / i C.7 j {f) I DJ In / a ,....._ �� t `_ S33'39'24"W 1 '� m — 1.e / N33641'55"E Z `Q 85 00' --• 32 81 rs7 �� 72 49' S33 _9'24"W CURB 41.32 3 / R:25 00' S56°20'36"E R.24/ A:4.56' o is TRAVELWAY TRAVELWAY G 153' A:26.233' T:229' ,"co 14100' ... C,.-iRB CB:N61.31'33"W S33 3$'24"N 97 76' C=25 00' _,,._-----r�.- S 3 3°3 9'2 0"W -.,.,�.: _ _ , Nth°44 2/'W 1 DELTA: 10'26'56" Z S56°18'05"E 1 83' ,.} N63113'2-' N56'20'40"W CB:S87 01'02"E - DELTA: 61°20'52" - - 23254• -\ / `�533°39'21"W 39 59' S08°37"0o''L - - S33°39'21"W- - - - - _____. _ - —__)-- �33°39'21 W - - - - - - ---�- - 486' PARHAM CIRCLE (PRIVATE) NOTE A:14.92 EXIST ACCESS EASEMENTS •Q` 0 Gym LOT LINE METES AND / R:9 50' BOUNDS A:14 92' T=9 50' (SEE SUBIVISION PLAT BY �V 2 TAKEN FROM CREEKMILL CB_N7841'S5"E C:13.44' ROUDABUSH, GALE & ASSOC 3, T:g 49' DATED DECEMBER 21 1999dir SUBDIVISION PLAT BY C:13.43' ROUDABUSH• GALE & ASSOC CB:S11.19.'21-E DELTA: 90'00'00" 0 B 1895 P 168-171 THOMAS B. LINCOLN DATED DECEMBER 21, 1999. DELTA: 89'57'29" + IIICERT. NO. 1326 RECORDED IN D B 1895 P 168-171 i CROSS EASEMENT METES AND Q i 31 zlW BOUNDS SHOWN ARE APPROXIMATE U C ONLY EASEMENT LINES ARE TO LOT C / _ J FOLLOW ASBUILT LOCATION OF f 2 W LOT B � it' SURN� O TOP BACK OF CURB AND EDGE OF j Q F- PAVEMENT. WHERE APPLICABLE Q > Ii NEW EASEMENT IS TO TIE INTO nQ. a THOMAS B. LINCOLN LAND SURVEYOR INC. EXISTING ACCESS EASEMENTS AS 671 BERKMAR CIRCLE SHOWN ON ABOVE MENTIONED j SUBDIVISION PLAT CHARLOTTESVILLE, VIRGINIA 22901 1 TMODEL PB100 C \DATA9\9846ESMT PRO 98-0046-03