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Home My WebLink AboutVA199600014 Application 1996-08-13 AUG 05 '96 16: 15 ROUDABUSH & GALE (804)977-02057 P.2/3 County of Albemarle Department of Zonir _ 401 McIntire Roac. Charlottesville, VA 22902-4596 :804) 296-5875 FAX (804) 972-4060 VA- i id , DATE: S'5 -1 FEE: $95 . 00L r, oc y 4 STAFF: < VARIANCE APPLICATION is OWNER (as currently listed in Real Estate) NameSamuel and Janet Joseph, Jr. Phone ( 804) 973-- 5805 Address 326 Dover Road, Carrsbrook, Charlottesville, VA 22901 APPLICANT (if different from above) Name Phone ( ) -- i Address { CONTACT PERSON !if different from above) G��," " - 1 D5 Name ._;Y._ '" n one ( ) Day Phone ( ) - i Address LOCATION: PLEASE PROVIDE A DESCRIPTION AND JTYSTIPICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP 61 , PARCEL 1 2A.J rTM , P ; TM , P ZONED: G - �Ort (141 RDI�f14iCE SECTION: �1 i ' ) 1 0 Board of Zoning Appeals Date: _I/ ��%' ( ) Special Permit 0<) Variance VA-g + UA-eI-(,? ( ) Proffers 4 BZ-A ACTION: ]- u�5-}f N.0.-10�y pi 2m h 12145 prig-Sit/i / tiLs -' • A •• •araismsnarliarmtimirarAdroY, )iI(C,q(O 6y r ,-P, ) . ad. - 1 ar/ Ap 3) VA-96-14 Samuel & Janet Joseph, Jr. (owner/applicant) . Located on the SE corner of Rt 29 & Rt 631 (Rio Rd) inters . TM61/P122A, zoned Cl, Commercial . Applicant requests a variance to reduce the front yard requirement from 30 to 5 ft to locate a canopy over existing gas pumps. \qlr\ rl '°"1-tT-7W 497- ' 3441h1.71/1 P -.0 1145 f zit gle.//97 (a_V /0#vi AUG 05 '96 16:16 ROUDABUSH % GALE (804)977-02057 P.3i3 • DESCRIPTION OF REQUEST: 25' variance from the 30' building set back to locate canopy over gas pumps at property location. For many years operated without canopy but need for business purposes to do what all other gas sfaiOn operators are doing which is provide canapv tor selt service ana other services at facility. -4 ti aVSTIPICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. r.1 . Y i -3 2) That such hardship is not shared generally by other properties 1 in the same zoning district and the same vicinity. 4 • ; 5 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. i h • i � I The application may be deferred by the staff or the Board of Zoning Appeals , if sufficient information necessary to this review ' 1 has not be submitted by the deadline. I hereby certify that the information provided on this applicatioXI and accompanying information is accurate, true and correct to the best of my knowledge and belief. .e /' s''' ''K 9306 Signature Date Recei t Da e • Samuel Joseph, Jr. Janet J eph v P Oat Edward H. Bain, Jr. , at/}� y - i, . I.0 , °1,pt,LTN 040 THIS IS TO CERTIFY THAT ON FEBRUARY 9, 1978 1'j I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES �'/�:. •-,:!...4 _ AND WALLS OF THE BUILDING ARE SHOWN HEREON. W. S. ROODAMISf, JR. 1- V CERT. NO- 54-17-3 (a) 655 U. S. 4 0*54-17-3 (b) 78 0 ROUTE ). 4It° LAND P'a4% r_29 tab./. 1 /ran _ ae/ • 1 5 scow iv4po/9'p4.,E / /5 p O p, goe x �� I I 1 . : . I O CONCRETE • I I ,p. i eso, • ..2 7, 656 s fL4B ,ro yd' 3 _�. I • is .•I '' r'' O N al . .CE -Os - 'I.1` C j cm v v, CC H z W�BRICK N— SERV/CE ST4T,ON Lamp Bas Y z Sign Poly a ..a 46.37' m ��C` A S PH4L T >,bn s a 20�0 �. si z o 9 — tO;_ ;.. 4B,2, . /: a _ 2 N— br .`V 0,... at-- BLOCK It. t GROCERY ov by ay'l — f STORE -t 'V t b (jai �OO sad 0 \ O \lad Ai \ o e\ /ran b0 \ o N4 T/ S 46 043/?'' \ 1h 4/ 00 ON44 B4 26 04 \ k6.0 �(` Pk NK 9 77i,us l 1 9 y 0 QR co l y� �/L 01 /ran set I V � / �PQ. ho / `) ql PHYSICAL SURVEY OF PROPERTY LOCATED AT INTERSECTION OF U. S. ROUTE 29 & STATE ROUTE 631 (RIO ROAD) SHOWN AS PARCEL 122A TAX MAP 61 NEAR CHARLOTTESVILLE ALBEMARLE COUNTY,VIRGINIA WILLIAM S. ROUDABUSH, INC. CERTIFIED LAND SURVEYOR CHARLOTTESVILLE, VIRGINIA DATE: February 9, 1978 SCALE: In = 30' FIELD BOOK L. L. cur win 90AR-9 BOYLE, BAIN & DOWNER Attorneys at Law 420 Park Street P.O. Box 2616 Charlottesville, Virginia 22902-2616 (804) 977-6155 EDWARD H.BAIN,JR. ROBERT P.BOYLE ROBERT H DOWNER,JR. 1930-1992 PETER L.McCLOUD August 13 , 1996 Ms . Jan Sprinkle Department of Zoning Albemarle County 401 McIntire Road Charlottesville, Virginia 22902 RE : VA-96-14 Dear Ms . Sprinkle : The reasons for Mr. and Mrs . Joseph' s request for variance under the Albemarle County Zoning Ordinances are as follows : Mr. Joseph has operated a convenience store and gas station in this location since 1960 . He originally worked there with Gulf Oil Corporation owning the property. However, in 1978 Mr. and Mrs . Joseph purchased the property and business from Gulf Oil Corporation. They have operated the business without interruption as their own since that time . There have been many changes in the operation of small convenience stores/service stations in the past 5-10 years . The limited size of the property creates problems for the business . It is the same except for a small conveyance off to the Virginia Department of Transportation on Rio Road for the widening of that road some time ago. The site plan shows that Mr. and Mrs . Joseph are having to remove the existing underground tanks and put in new tanks in the property and they have reserved as well an alternate tank location. The replacement of the tanks is pursuant to EPA requirements . Given the location of the buildings on the property being where they are there is really no other area on the property to locate the pumps that give rise to the necessity of a canopy being placed over them within the set back required for this zone and this property. The variance is necessary because without it the Josephs would be placed in a situation of undue hardship because of the new pumps being exposed to the weather which both creates problems for the new computer equipment which runs the pumps as well as makes it extremely difficult for customers to use the facilities in wet weather. Customers do not want to get out of their vehicles, use credit cards, get the cards wet as well as create problems with the operation of the pumps RECEIVED AUG l =i 1996 w wvlt�n�` vUUNTY ZONING DEPARTMENT Ms . Jan Sprinkle August 13 , 1996 Page 2 during wet weather. The nature of the business is such that a substantially large percentage of customers want only self-service pumps and therefore are not willing to pay for full service which used to be the custom in the business . The hardship that the Josephs have is not generally shared by other properties in the zoning district and problems are created only for those businesses which have outdoor service for customers which is the norm for service stations everywhere . The limited area available for the location of the canopy to cover the pump island is somewhat unique to this property because of the limited size of the property and the inability of the Josephs to relocate buildings and other facilities on this property which would permit the accommodation of a canopy. The variance does not create any detriment to adjoining property and will in no way alter the character of the zoning district . If you have any questions, please contact me at your convenience . Sinc rely, rd H. Bain, Jr. , attorney for Mr. and Mrs . Samuel seph, Jr. EHBjr/lrk RECEIVED AUG 19 1996 ALBtl��, D PAi�IEN� tAWNTI ZONING 9 a 5 r.CEI) r: (1 0 --thA)01-1 BY THIS DEED, made and entered into this l5 /- day of i', , 19 7P , between GULF OIL CORPORATION, a Pennsylvania corporation, hereinafter called "Gulf" , and SAMUEL J. JOSEPH, JR. , AND HIS WIFE, JANET A.JOSEPII, AS TENANTS BY TILE ENTIRETY WITH RIGHT OF SURVIVORSHIP hereinafter called "Grantee" , Gulf, for and in consideration of the sum of ONE HUNDRED FORTY-FIVE THOUSAND Dollars ($ 145,000--- ) , paid by the Grantee, the receipt of which is hereby acknowledged, has sold and by this deed does convey fee simple title to Grantee, heirs, successors and assigns, in and to all that tract of land located in ChARLOTTESVILLE DISTRICT, ALBEMARLE COUNTY, STATE OF VIRGINIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron pipe on the southerly side of U. S. Route 29, at its Intersection with the westerly line of State Route 631 (also known as Rio Road) ; thence along the said intersection N. 110 degrees 22' 04" E 97.99 feet to an iron; thence along the westerly line of State Route 631 S. 25 degrees 37' 22" E. 63.43 feet to an iron; thence continuing along the westerly line of State Route 631 S. 19 degrees 38,' 04" E. 46.75 feet to an iron, corner to property of National Bank & Trust Co; thence S 46 • degrees 26' 04" W. 143. 17 feet to an iron; thence N. 62 degrees 32' 56" W. 149.95 feet to an iron on the southerly line of U. S. Route 29; thence with the southerly line of U. S. Route 29 N. 40 degrees 19' 04" E. 150.00 feet to the point of beginning. All as shown on survey by William S. Roudabush, Inc. , C. L. S. , dated February 9, 1978 a copy of which is attached hereto and made a part hereof; and being the same property conveyed to Gulf Oil Corporation by Charlottesville Realty Corporation by deed dated February 14, 1968 (Parcel No. IV) and recorded in Deed Book 439, Page 627, Clerk's office Albemarle County, Virginia, less approximately 200 square feet conveyed to the Virginia Department of Highways as shown on Sheets 13 and 13A, State Highway Project 0631-002-128-C-501 as recorded in Highway Plat Book VIII, Pages 210 & 211, Clerk's office, Albemarle County Court (louse, Charlottesville, Va. Further, Grantor does grant and convey unto Grantee the right and privilege to use the water from the well located on the residue of a 2.66 acre tract, together with the rights of ingress and egress there to, being the same rights granted to it by Charlottesville Realty Corporation by deed dated February 14, 1968 and recorded in Deed Book 439, Page 627, Clerk's office of Circuit Court, Albemarle County, Virginia. • Together with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion and remainder thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. RECEIVED AUG 13 1996 EMAiii.c �UUNTY _-.._ .._._ .___ _-_ _ ONING DEPARTMENT G 5- P;,CE0 1, 0 I . , This conveyance is mode nubie.,:t to any state of ):Hers and conditions an nccur:'te servo;' and ptrul'Itnl .in,;p crion of lb . ;u'en.it:es would disclose; to encroachment's. all legal hiitl::.a..; , .C,nillg al.iia':,ll..;: revtrlt:tlons, conditicn.,, 1iwltnl:ioan and r.::;l'rvIlionr r'1 lCCIrd, r.nd public utility and other caclrll nts, if any, of rl ctll'J or toil:tah may have been imposed ther,+oo, and follijorlt also lc tuxes :tad ficta-ti.^.wlllt s, both Cenernl and special, I;:comlie; due and Fayab'e ifi,,r the date hereof, which taxes and asse1a'Leatf t)•,: C—aul':e 1'y his aRi:etl' .Like hereof atunl:Ucb and i.ill"enj to pay, and ti.tio to all Gull ltitnli.lic-.lira ull,n:► shall remain the property of Gulf and may be removed from the described premises. Gulf, fur itself, its successors and assigns, warrants and will forever defend the right and title to the de't:cr.i'Jed lr:ct unto the Grantee, heirs, successors and .tssip,nu, against. the lawful claims of all persons except us herein provided. IN WITNESS k'iiEitEOF, Gulf hae caused this deed to he signed, sealed • and delivered on its behalf, by authority duly given, on the day and • year first shove stated. Signed, scaled and delivered • in the presence of: Glii.l OI1, COiU'O!tA'I'lt)N 4f. /12.24gL..4._____ Ly: _ Attorney—in--Fact • ATTEST: Z 4\ f Act.;ltitthi.. Sege ry (+ • 1:• ;r — am, • • l ��` - • • • • • • • • • • • / I VA. (G) '; 5 PACED It O 2 • • STATE OF GEORGIA COUNTY OF E ULTON I /O ('. A'/L«t' , a Notary Public in and for the State and County aforesaid, do certify that J. C. HARPEMAN Attorney In Fact, of Gulf Oil Corporation and W. L. BUIILIG, Assistant Secretary, Gulf Oil Corporation, are signed to the writing hereto annexed bearing date on the /ST- day o f/--4-f-a'//r%'L, 197) , have acknowledged the same before me in the County aforesaid. Given under my hand and official seal this /Sl` day of • • o ry Pu 0 ..•• • '`Of! Hy Commission Expires: r;a.c i•. 1 • 5 [...GE) 0 3 ,taNITff O . THIS IS TO CERTIFY THAT ON FEBRUARY 9, 1978 ' O� i• I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES .� �� 1 �' r AND WALLS OF THE BUILDING ARE SHOWN HEREON. V. S. ADUDANISIL JI. x O CERT. NO. u 54.17.3 (a) 655 U, S �54.17.3 (b) 78 e ROUTE 4 •A/,BCD LAND �o' 29 ��a \\ (lg.b.l) _ • I 1 �\ ' I 71000 , .. O°°° N • I W ;l\:\\ .. /N • • , • •• (.6-... I •I� 4 ' • f1 V , .N ti •. ..co,c„frt •1 • •.1 • I I f .I' °a° • 2 7, 656 a rt�s • ..O , . t • :. • , I . .. •\ i .• ‘Gosp,•,---•;/),/ . .. 1. a z d "b4,ca r " I -. e - t m \...._ ,f� r 2 Ski' _ 61....O •fl: Ia.t �- 01 V hi�. IN_. _ q 'y `` - - atocK/..„____ ��i O�OCfRY °i •�°S - - arokt b '`=� XQ o Q- \ 4°.IN '7 \ �4 0# a4 a4s�'�Is• 1 A i 0U r/o,0,4 ?6 0 .o ,<<v P1 l r4N# 04••y 1 �''e J v ° ""r e I q 0 Q Q- 1/2 ',O°„in, • . QI,,)'{r b /• y 0 1P4o / o PHYSICAL SURVEY OF PROPERTY LOCATED AT INTERSECTION OF I.I.S. ROUTE 29 & STATE ROUTE 631 (RIO ROAD) SHOWN AS PARCEL 122A TAX MAP 61 NEAR CHARLOTTESVILLE ALBEMARLE COUNTY,VIRGINIA • • WILLIAM S. ROUDABUSH, INC. CERTIFIED LAND SURVEYOR 4 CHARLOTTESVILLE, VIRGINIA / / DATE:_.albrua/y 9/I978 SCALE:_ le = 301 ill ln ,.^r)K I. I- PILE no ?966'.2 --- •-