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VA200000032 Application 2000-11-06
County of Albemarl Department of Zoni 401 McIntire Road jr Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- \6 OO-3 ) DATE: l FEE: $95. 00 D�1 10;)(45 STAFF: f VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Name Orick.6t • N e Y v't f1(� Phone (`$OO) �23-'} iJ� Address (vl�� Rr ,{ard `J Lane_ , GnaClott R a�9o3 APPLICANT (if different from above) Name 1yie t-tecr,r Phone ( ) - J Address CONTACT PERSON (if different from above) Name e i Lh.0 POOLe. Phone NA) b23 -Z 3 t 1 n Day c�Phone (i 2cy) ` Address P. o • &oX 5 15 C, 7 e f1 'J 1-1 Z29 32 LOCATION: IpOZ Rcx\ Qc(l Lo,f\+P_ / C ico C'o l IesV `\ ) V P QacIco PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. '-y J ,- -e ,N i 6-4v-ide OFFICE USE ONLY W'� 'I t�f�J 1cc�'rS TAX MAP r,3(a , PARCEL q(Q A; TM , P ; TM , P ZONED: R'1 ORDINANCE SECTION: `i-- Board of ZoningAppeals Date: ( © 0.j t1DY ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION: gvn 4/ ezi,,,,,, 4-o VA-2000-032 (Signs #2 & #3) — Marie B. Herring (owner/applicant). Located on E side of Cory Farm Dr, outside the subdivision but with access through Little Fox Ln. TM 56/Parcel 96A, zoned R-1, Residential. Requests a reduction in the minimum required area of a lot with no central water or sewer—from 60,000 to 47,349.72 square feet. � ii 1 DESCRIPTION OF REQUEST: r4)1CSZ._ (L. '�CXAQl JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. • a. t oI 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 62_)2— 0.4 ck_Onfic;\ mor 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. aL CL-400(\e-d . 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. �c, 4�, `1 rT.5\2Geo Signature o Receipt# Date Marie Herring Variance Request Tax Map 56-96A Description of Request I am requesting a variance from Ordinance section 4.1.3 that requires a parcel to be 60,000 square feet if it is neither served by public water or sewer to allow a family division. The residue would be 47,349.72 square feet, and the new lot will be connected to public water. See plat dated 10/10/2000 showing proposed division Justification for Request I am requesting a family division in order to provide my Granddaughter, Michelle Poole, with a piece of land on which to build a house. When I decided to pursue this division, my Granddaughter spoke with Yadira Amerante at the Planning Department to find out whether or not such a division was possible. She was informed that the land was zoned R-1, and that as long as the lot sizes were each at least 1 03 acres,that everything was fine and we should proceed with the division. Ms. Amerante was told that neither lot would be served by County water or sewer, but that each lot would have a well and septic system. Ms. Amerante said that was fine, that all we needed was the 1.03 acres for each lot. At Ms. Amerante's suggestion, we proceeded with a percolation test and a survey, as well as having a new deed drawn up by a lawyer. After spending several thousand dollars and having all of this work completed, we were informed that Ms. Amerante had made a mistake and that if neither lot was served by County water or sewer,that we needed at least 60,000 square feet per lot. She also informed my Granddaughter that her proposed lot was close enough to the County water system to be required to connect to it. Since it was not cost effective for her to connect to the County sewer system, the County waived the requirement that she also connect to that. Since the new lot will be connected to the County water system, that lot size needs to only be 45,000 square feet. It is larger than that, which is why no variance is needed for the proposed new lot I have a new septic system and drainfield (it is less than three years old) and a perfectly fine functioning well. Therefore, I have no desire to spend thousands of dollars to connect to the County water and sewer system to replace my systems, which are not defective or failing and which serve my needs very well. This land has been in the Herring family for over 70 years and has been owned by myself and my husband (until he passed away in 1993) for 50 years. It would make me proud to be able to share this land with my Granddaughter to allow her to raise her family on this land. Furthermore, this land is located adjacent to Cory Farms subdivision. The lots in this subdivision range from to 1/2 acre. The lots that I am proposing to create with this family division are consistent with the lot sizes in Cory Farm. In fact, my lots are larger than Cory Farm lots. The two lots that I am proposing are both over one acre in size. The percolation test was completed and sent to the Albemarle County Health Department on November 1, 2000 for approval. The soil report indicated that there was sufficient space in the proposed new lot for a primary drainfield and two reserve drainfields. It also shows that there is sufficient space on the residue to accommodate my well, primary drainfield and a reserve drainfield. THIS IS A FAMILY DIVISION CREATED IN ACCORDANCE WITH TMP 56-96B I.F. = IRON FOUND OWNERS APPROVAL SECTION 14-208 AND RELATED PROVISIONS OF THEHE DIVISION OF THE LAND DESCRIBED ALBEMARLE COUNTY CODE. OWNERSHIP OF PARCEL A D.B. 1576 P. 323 I.F. I.S.1S = IRON SET HEREIN IS WITH THE FREE CONSENT AND SHALL NOT BE TRANSFERRED TO A PERSON OTHER THAN A IN ACCORDANCE WITH THE DESIRE OF THE DEFINE MEMBE) R FROM IMMEDIATE DATE FOAMILY FOR A PER PERIOD 236.5�+ UNDERSIGNED OWNERS, PROPRIETORS, AND/OR THIS PLAT EXCEPT AS AUTHORIZED BY SECTION 14-212(A) TRUSTEES. ANY REFERENCE TO FUTURE OF THE ALBEMARLE COUNTY CODE. IF PARCEL A IS DEVELOPMENT 1S TO BE DEEMED AS +�j THEORETICAL ONLY. ALL STATEMENTS CONVEYED BACK TO THE GRANTOR WITHIN THIS PERIOD, N 73.04 AFFIXED TO THIS PLAT ARE TRUE AND q IT SHALL BE RECOMBINED WITH TMP 56-96A. vE� CORRECT TO THE BEST OF MY KNOWLEDGE. TMP 56-96.A 2.125 ACRES R�sr i ` • > N OWNER: I.S. LESS PARCEL A 1.038 ACRES y �� :Iv: MARIE B. HERRING = S, �i NOTARY PUBLIC RESIDUE: 1.087 ACRES 0, )• �w C. O THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED O `� BEFORE ME THIS DAY OF ONLY ONE DWELLING UNIT PER PARCEL. i \ \ 8 ,, �OQJ��<, v, m 2000. Q O MY COMMISSION EXPIRES PROPERTY ZONED R-1 , o . o,C3 cry PARCEL A IS TO BE SUBTRACTED FROM z o • TMP 56-96A. 0D" _ `-' PARCEL A APPROVED FOR RECORDATION PARCEL A AND RESIDUE MAY NOT BE w • RESERv -•/ '`�� 1.038 ACRES 1,3 FURTHER DIVIDED. co a /-- 0 30 60 120 -'i 1.S. q �,- x S TMP 56-97A SCALE IN FEET �x N 8�20'09• E 185.35' WELL• I rp).7'70. per D.B. 1060 P. 551 I.S. x F NEW 20' ACCESS D.B. 554 P. 285 TMP 56-96B TMP 56-96A 1 x ` I.S. EASEMENT LTH OF D.B. 1576 P. 323 RESIDUE 1.087 ACRES _t ! t,f THIS PRIVATE ROAD WILL PROVIDE �� �l -W + 100.0 N I 4 REASONABLE ACCESS BY MOTOR I o I.F. VEHICLE AS REQUIRED BY SECTION 14-514 I. 0 _----+-i-@p:5-- ------__-------------- CD L _ • - OF THE ALBEMARLE COUNTY CODE. 0 - 7 _ __ _ -� ---- - -'- - U C. SIEVE GARRET!' t�T �•^— ----------- --L44.92_- __ R�W TO U.S. RT. ?_50 No. 2025 — i i -�. `_ Zc�_\x X— 3 ___, _•_ _ • LEGAL REFERENCES: _ TMP 56-97A1 �q�, ��� AXLE , / 98 - s r RESERVE - n o D.B. 1078 P. 646 D.B. 1576 P. 317 SURVE FOUND , / i 97 _ -k, Oiri D.B. 554 P. 285 /, _ ______-- ---__ o PTT�1.T SHOWING Grit ;! �'� FAMILY DIVISION OF R CO ��� N 8s27'2r w I.F. TAX MAP 56 PARCEL 96A SvRvEYiNG INC- I I.F. N 8527'2r wREATING PARCEL A STEVE GARRETP, PIS - . 1 Soot' 158.17' I.E.lF I.F. y�IITE HALL DISTRICT 2193 MOUNTAIN BROOK DRIVE 1 I t; ;iN 8527'2r w , LOT 7 N 85'27'2r AI,$EMART.F, COUNTY, VIRGINIA CHARLOTTESVILLE, VIRGINIA 22902 �o �I 10.00' / 28.27 OCTOBER 10, 2000 PH: (804) 296-4113 IN LOT 8 THE CORM FARM LOT 6 2000 149 AI IALrt1MtNV I f of ALL COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 PUBLIC WATER / SEWER CONNECTION EVALUATION Tm.. 5& , ? c—t q&A . This section is to be completed by Albemarle County Service Authority Engineering Division Distance to public water connection: / �5 �� p `'l ('4 .'�{10I 47, A ;1n9 Access across adjoining property will /. )t't !(be required. S` CD Pro 04-4 t;nt°> ,5S©` 4-0 Rarre t A .bo:Id n) Distance to public sewer connection: /90 S ; Access across adjoining property will /Nil OA be required. Comments: 7-1.41sf 1 7. Signature: /4/25l DO A.C.S.A. • This section is to be completed by property Owner (provide contractors' written estimates) Estimated cost to install a well and associated electrical and plumbing equipment: ADD •4 0 Estimated cost to install a water line for public connection (do not include ACSA fees): Estimated cost to install a septic system:$2Q00 00 Estimated cost to install a sewer line for public connection: t526 Cr) This section is to be completed by the Agent Connection to public Ovate it / will not be required. Connection to public sewer will / ill no •e required. _ Signature: 1 / 1 \ l W Agent 1 1