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Home My WebLink AboutVA200200003 Correspondence 2002-02-08 4. • RICHMOND AND FISHBURNE, L.L.P. ATTORNEYS AT LAW JOSEPH W RICHMOND,JR. QUEEN CHARLOTTE SQUARE JOSEPH W RICHMOND WENDALL L WINN.JR 214 EAST HIGH STREET (1918-1986) MATTHEW B MURRAY 0 THOMAS O.NOLAN P 0.BOX 559 JUNIUS R.FISHBURNE CHRISTINE THOMSON CHARLOTTESVILLE,VIRGINIA 22902-0559 (1915-19911 JOSEPH M.COCHRAN MARR J NELSON (434) 977-8590 PATRICIA P SHIELDS FAX (434) 296-9861 MARCELLE MOREL WWW richfish.com o ALSO ADMITTED IN DC February 8, 2002 Albemarle County Board of Zoning Appeals BY HAND 401 McIntire Road Charlottesville, Virginia 22902 Attn: John Shepherd Re: Judy Rice Robbins Estate Variance Application Dear John: Per your request, I enclose a letter of authorization signed by the three beneficiaries of the Judy Rice Robbins Estate authorizing me to make any and all applications with Albemarle County in connection with this property. Please let me know if anything further is needed. I am providing you and the Board of Zoning Appeals a chronology of events involving the property. I hope that this information will be helpful to you and the Board in considering our application. The following events have brought us to this point: 1. In August 1962, James and Edith Rice divided property that they owned located on Proffit Road into six building lots. A copy of the 1962 plat which is recorded in Deed Book 382, page 24 is attached as Exhibit A. Sometime thereafter, James and Edith Rice built a house on Lot 4. 2. In 1978, James and Edith Rice built another house on Lot 6. As Roger Ray's plat shows, the house placement violates side yard and front yard setbacks. A variance for the front yard violation was approved by the Board in 1978. A copy of the approval letter is attached as Exhibit B. The side yard violation was, apparently,not discovered until Roger Ray prepared his plat. We have tried to resolve this matter by adjusting the boundary line with the Clatterbucks who own the adjacent property but they have declined to cooperate. 3. In 1989, James and Edith Rice provided a septic drainfield easement across Lots 4 and 5 and a small portion of Lot 6 for the benefit of Lot 3. They also eliminated Lot 5 by combining part of Lot 5 with Lot 4 calling the resulting parcel Lot 4A and combining RICHMOND AND FISHBURNE, L.L.P. Albemarle County Board of Zoning Appeals February 8, 2002 Page 2 the remaining portion of Lot 5 with Lot 6 calling the resulting parcel Lot 6A. The septic drainfield easement and the creation of Lots 4A and 6A were accomplished by a plat, dated November 20, 1989, and recorded in Deed Book 1002,page 313, a copy of which is attached hereto as Exhibit C. 4. In 1997, Edith Rice, now a widow, conveyed to her daughter, Judy Rice Robbins, the 1978 house and Lot 6 (the"Robbins Property")by reference to the 1962 plat. A copy of the deed is attached hereto as Exhibit D. Unfortunately,the 1997 deed incorrectly referred to the property conveyed as being Lot 6 as shown on the 1962 plat and should have referred to the property as being Lot 6A shown on the1989 plat. 5. In the spring of 2001, Judy Rice Robbins died and her three children (herein the"Grandchildren")placed the Robbins Property on the market for sale. They signed a contract to sell the Robbins Property, and the buyer obtained a survey from Roger Ray, a copy of which is attached as Exhibit E. The buyer also conducted a title search and discovered that the 1997 deed from Edith Rice to her daughter was in error and should have conveyed Lot 6A by reference to the 1989 plat rather than Lot 6 shown on the 1962 plat. Thus, the Grandchildren now own Lot 6 as shown on the 1962 plat, and Edith Rice continues to own a portion of Lot 5 and all of Lot 4A. When the 1997 conveyance error was brought to the attention of Edith Rice, and she reviewed Roger Ray's plat along with the 1989 plat, she took the position that the lot line configuration that was created by the 1989 plat was in error and that when she conveyed the house and property to her daughter in 1997, she thought she was conveying property with a different boundary line. Consequently, she would not agree to execute a new deed of conveyance to clear the title problem. Negotiations insued between Edith Rice and the Grandchildren to re-establish the boundary line. Ms. Rice has agreed to re-establish the boundary line as shown on Exhibit F. A benefit of the new line is that it places a block wall, light pole,well, and frame building, all of which belong to Ms. Rice and her property within the bounds of her property. Also, the new boundary line will not adversely impact any of the amenities on any adjacent property, including septic drainfields. A problem with the new line is that old Lot 6A, which is a non-conforming lot, will be made even more non-conforming in area, lot width, and road frontage. However, old Lot 4A, also a non-conforming lot,will benefit from the new boundary line by making it more conforming with zoning regulations by increasing its area, lot width, and road frontage. a w RICHMOND AND FISHBi7BNE, L.L.P. Albemarle County Board of Zoning Appeals February 8, 2002 Page 3 We were told by county staff that we would need to determine the status of the existing septic system that serves the Robbins Property and also determine whether or not a reserve drainfield is available to serve that property. We, therefore, hired Baseline Consultants who studied the property and prepared a report which was submitted with the variance application. Baseline was able to find the existing drainlines which are within the bounds of the Robbins Property, the new boundary line that Ms. Rice has agreed to, and it has found suitable soils for a reserve area which would accept a system as more particularly set forth in his report. The Baseline report, however, shows that the reserve area has a slope of 35% Consequently, part of our variance request includes a variance from provisions of the Zoning Ordinance pertaining to construction on critical slopes. The Board should know that no new construction is contemplated by our variance request. All structures on the properties affected by the variance request were built in 1978 or prior thereto. The variance request simply is an attempt to clear up a side yard violation that has existed for 24 years and to clear a title problem. Our variance request, therefore, consists of the following: 1. Side yard setback variance request to resolve the side yard setback violation created when the 1978 house was constructed. 2. Area, lot width, and road frontage violations created by the re-establishment of a boundary line between old Lot 6 (Robbins Property) and old Lot 4 (Edith Rice Property). 3. Critical slope variance for a reserve drainfield area. The hardship that is presented by this case is that if these matters are not cleared by the variance approvals, the property will be rendered unmarketable. The topography requires the critical slope variance and the existing structures, unwillingness of adjacent property owners to cooperate further, and the existance of once conforming lots now being non-conforming under county ordinances, all create a unique circumstance as to this particular property and, therefore, justify the approval of the variance request. 0 SID RICHMOND AND FISHBURNE, L.L.P. Albemarle County Board of Zoning Appeals February 8, 2002 Page 4 I hope this information is helpful to you and the Board. Please let me know if any other information is needed or would be helpful for your consideration. Sincerely, Jos h M. Cochran JMC/v Enclosures cc: Ms. Sherri R. Ryder r re\docs\01\robbins\01-0960\countyzomngappeal.wpd 9-27-2001 8: 12AM F —ZONING 4349724126 EXHIBIT ROh,TLDG ,v•{ OF A L,BE- Air CP Inspections Department Zoning Division • 414 EAST MARKET STREET J. BENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22001 ANDRC•W EVANS 20NINO A OMINICTIIATOII t904) 2!)5.5832 •emeit IW.rc llo, March 16, 1978 1 j Mr. and Mrs. James Rice Route 4, Box 124 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-78-04 Dear Mr. & Mrs. Rice: This letter is to inform you that on March 14, 1978, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-78-04 was granted to allow your house to be positioned 65 feet from the road right-of-way. If you shdulsd -lithe any questions, please Contact the Zoning Department. Respectfully, \ J. Benjamin Dick Zoning Department JBD/gr cc: L 78-04 • BIT ► 1(0 l 7/41 o2 THIS INSTRUMENT PREPARED BY: JOHN A. DEZIO, ATTORNEY THIS DEED OF GIFT, made and entered into this 5th day of June, 1997, by and between EDITH A. RICE, widow, Grantor, and JUDY RICE ROBBINS, Grantee, whose mailing address is 7677 Proffitt Road, Charlottaavllla, VA 22911; WITNESSETH : That for and in consideration of the natural love and affection of the parties for each other, Edith A. Rice, widow, hereby GIVES, GRANTS, and CONVEYS with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto Judy Rice Robbins all that certain lot or parcel of land in the Rivanna Magisterial District of Albemarle County, Virginia, fronting on the easterly margin of State Route 649, containing 27,860 square feet, more particularly described as Lot 6, on a plat of Amos R. Sweet, Certified Surveyor, dated August 1962, of record in the Clerk's Office of the Circuit Court of said County in Deed Book 383, page 24; being a portion of the property conveyed to James Rice and Edith A. Rice, his wife,jointly for their joint lives with remainder to the survvivor in fee simple, by deed of H. W. Klugh and Mary E. Klugh, his wife, dated December 24, 1945 of record in said Clerk's Office in Deed Book 266, page 445. James Rice died on March 23, 1997, survived by his wife, Edith A. Rice who is unmarried. Said conveyance is subject to restrictions, easements and conditions contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the above-described property which have not expired by a time limitation contained therein or otherwise have become ineffective. Reference is made to the aforesaid deed and plat for a more particular description of the property conveyed herein and for matters affecting same. This deed of gift is exempt from taxation pursuant to Section 58.1-811D of the Code of Virginia. )_ .. ..'7M l 4 imp 011 1 , limm 1 i WITNESS the following signature and seal: �f �lL{- �✓ . JT"-�a t(SEAL) Edith A. Rice i STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this G'u') day of (21a , , 1997 by Edith A. Rice. G' My commission expires 0 3/, 4) m . Notary Public 4 , If 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 9 C.tf1P_ 9' , 1997 ,AT I',5 to O'CLOCK Q M. STATE TAX �/ S (039) r LOCAL TAX S (213) TRANSFER FEE $ 14C) (212) I.T.T.F. $ 3.00_(106) VSLF $ 1.00 (145) CLERK'S FEE $ Ja in() (30I) PLAT $ SECT.S8.1-802: TFSiE: STATE TAX $ (038) SHELBY J.MARSHALL,CLERK LOCAL TAX $ (220) LOCAL TAX $ (223) Bidorg X .q_ -m a, DEPUTY CLERK TOTAL $ 17•(D Q 62I U2/2dd2 13:.3( bctUbJZnicJ tS/017LlIYC al) s, r, page _4_ of 5 Baseline Consultants Soil Profile Descriptions Project: T.M.#46-32F, lot 6A. reserve Project#: 22013AL Date; 1/30/02 Hole Soil Depth Description Texture Est. ID Horizon [inches) Class Rate 6A A 0-6" very dark grayish brown (2.5Y3/2) silt loam, common Schist fragments III CB 6-24" dark olive gray (5Y3/2) silt loam with common schist fragments, auger refusal C+ 24" III 65 GB A 0-10" very dark grayish brown (2.5Y3/2) loam, few schist fragments ii C 10-24" very dark gray (2.5Y3/1) silt loam saprolite, few weathered schist fragments, auger refusal a 24" III 65 6C A 0-12" dark grayish brown (2.5Y4/2) loam, few schist fragments II CB 12-26" olive brown (2.5Y4/3) loam to silt loam Ii-III C 26-56" bluish-gray (5P95/1) silt loam schist saprolite and weathered fragments, auger refusal 6i 56" III 65 6D A 6-10" very dark grayish brown (2.5Y3/2) loam, common gravel II BC 10-34" olive brown (2.5Y4/4) silt loam and light silty clay loam, few weathered graphite schist fragments III C 34-42" olive gray (5Y4/2) silt loam graphite schist saprolite, few weathered graphite schist fragments, auger refusal Q 42" III 65 6E A 0-10" dark grayish brown (2.5Y42) loam to silt loam, few schist fragments II-III CB 10-24" olive brown (2.5Y4/3) silt loam, few silty clay loam seams, auger refusal a 24" in dark bluish-gray (5PB3/1) graphite schist III 65 • • 17L/U I'Z J JL 4176 3LD J page _a_ of 5 r r - Certification Baseline Consultants statement County: Louisa Date: 26 Jan, 2002 Property Identification: Rt. 649 "Judy Rice Robbins Estate" {T.M.#46-32F} Lot 6A Submitted by: Baseline Consultants This is to certify according to 32.1-163.5 of the Code of Virginia that work submitted for the referred property is in accordance to and complies with the Sewage Handling and Disposal Regulations of the Va. Department of Health. I recommend a subdivision approval be approved. Dave Grant, CPSS/AOSE #024 02/02/2002 13:37 5408325 9 BASELINE CON ANTS PAGE 08 . I s Invoice Baseline Consultants Date: 2/1/02 Project: Rt. 649 reserve drainfield Project# 22013AL Client: Sherri R. Ryder Address: 13 Stonewall Road Palmyra, Va. 22963 434-589-2662 Description: one drainfield layout (ie. site evaluation, soil borings, soil evaluation, soil profile descriptions, site demarcation, report, map, county liaison, etc.) for one reserve area site for plat re-approval as per client request via Joe Cocheran, Atty; Amount Due: one drainfield @ $300 $300.00 Total Due: $300.00 Thanks for your business, ancLplease call with any questions or if we may be of future help. Bill is due receipt (1.5% per month on unpaid balance.) Please mail to address below. Thanks Again, n 3550 Echo Valley Road, 3arboursville, Virginia. 22923 Phone: 540-832-2409 Fax: 540-832-5109