HomeMy WebLinkAboutVA200200020 Application 2002-07-25 04/15/2002 10:36 FAX 43,4 972 4128 BLD CODE & ZONING [1 002
1
County of Albemarle
•
Department of Zoning
401 McIntire Road
Charlottesville, ', VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
VA- D -- g DATE:
PEE: . $98-.00 STAFF`:
S ,t / CE APPLICATION
Ql.
OWNER (as currently listed in Real Estate)
Naas ___ A. 'r"Ne r v, /V. /4 a n7 6 Phone tly4 q/7--198//
Address /J.5. F C.?har/0 it's 0,1k, i'4 0224 o l
APPLICANT (if different from above)
Name /, 9 / Phone ( ) -
Address G Y tal(/ acCQ A.64SVCyP a7474. NE 1
CONTACT PERSON (if different from above)
Name Phone
• Day Phone ( ) -
Address _
LOCATION: efi be-4aV f- F� 'try
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
TEE BACK OF TEIS SHEET.
OFFICE USE ONLY _ ife��,
TAX MAP Cr PARCEL '` TM , P ; TM , P ir
1. � o
Z g R +A_io-PoLr Mot.ORDrNANCppE SECTION: /0
Board of Zoning Appeals Data: / /.A/ (7 ,VS' GI
( ) Special Permit ( ) Variance 7 /"y
) proffers
MA ACTION: • P12120Vc� 56)I E 11 &i IDS Zoo2 1:D . THE
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VA-2002-020, (Sign #1) Thomas and Mervi Hamby (owners/applicants).
Located at 105 Falcon Dr. in Colthurst Subdivision. Variance is to reduce area of
non-conforming lot from 1.7921 acres to 1.5715 acres with a 2 acre lot size
required in this district. TMP 06000-00-0E-00700, zoned Rural Areas and
Airport Protection.
p.2 Variance Application: Thomas A. and Mervi M. Hamby
Description of Request: In accordance with the attached Re-Division Plat, applicants
desire to re-subdivide their Lot 7, Block E, Colthurst Farm herein after identified as Lot
7. Approval of the request will result in the abandonment of a permanent exclusive
easement held by owners of adjoining Lot 4, Block E, Colthurst Farm (Jane Miller and
Debra Tyson) in exchange for 0.2207 acres to be transferred to Miller/Tyson via the
requested re-subdivision. This request is supported by Lot 4 owners as indicated by their
"Owners Approval" signatures on the attached proposed Re-Division Plat.
Justification:
Criteria 1) That the strict application of relevant ordinance would produce undue
hardship. The existence, scope and size of the permanent exclusive easement was not
properly disclosed to Lot 7's current owners prior to purchase closing being described by
the real estate company as only a small access easement of less than 1/20th of an acre.
Lot 7 was not resurveyed at the time the easement was granted by previous owners and
the recorded plat(copy attached)which identifies the easement area does not clearly
delineate easement area boundaries. Lot 7 owners believe the easement could result in
friction and misunderstandings with the easement holders. Further Lot 7 owners believe
the easement and the currently recorded plat and deed of easement constitute an
encumbrance on Lot 7 that diminishes the use and therefore the value of their property
and could hinder any future sale of the property.
Criteria 2) That such hardship is not shared generally by other properties in the
same zoning district and the same vicinity. To Lot 7 owners' knowledge, this easement
hardship is unique to Lot 7 Block E Colthurst Farm.
Criteria 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. As shown in the proposed Re-Division Plat,
the boundary adjustment area lays at the rear of both Lot 7 and Lot 4. The new boundary
will result in a decrease in area of Lot 7 by 0.2207 acres and an increase in Lot 4 by that
amount. This will create two lots of similar size. Following the re-subdivision, Lot 7
will be 1.5715 acres in size and Lot 4 will be 1.5032 acres in size. The net result will be
to clarify property lines and thereby remove uncertainty and friction created by the
easement to the benefit of both Lot 7 and Lot 4 owners. Granting of the variance will
have no impact on adjacent property and the character of Colthurst Farm will not be
changed in any way.
The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient
information necessary to this review has not been submitted by the deadline.
I hereby certify that the information provided on this application and accompanying
info ation is accurate,true and correct to the best of my knowledge and belief.
ZS- zo. /.5, 16 /,(;1-5/0
Si at re Date Receipt# Date
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6 2 3 P'GEO 2 ! 8
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4r33q�
THIS DEED made and entered into this 22nd day of
I
July, 1977, by and between CHRISTOPHER A. GEORGES and
BETSY C. GEORGES, husband and wife, the Grantors, and
RICHARD G. ROUNSEVILLE and GERTRUDE L. ROUNSEVILLE,
�..
the Grantees,
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of ONE
HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($115,000.00) ,
cash in hand paid the receipt of which is hereby acknow-
ledged, the Grantors do, hereby GRANT, BARGAIN, SELL and
CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE unto Richard G. Rounseville and Gertrude L.
Rounseville, as joint tenants, all that certain lot or
parcel of land situated in Albemarle County, Virginia,
fronting on Falcon Drive and designated as Lot 7, Block E,
of Colthurst Farm Subdivision on plat of 0. R. Randolph
dated April 14, 1958, of record in the Clerk's Office of
the Circuit Court of Albemarle County in Deed Book 340,
page 421. This property is the same property in all
respects which was conveyed to the Grantors herein by deed
of Jessco, Inc. , a Virginia corporation dated April 2,
1973, of record in the aforesaid Clerk' 3 Office in Deed
Book 527, page 197 .
There is appurtenant to the above property a non-
exclusive right-of-way for all purposes of passage over
all roads in Colthurst Farm Subdivision, as shown on plats
thereon made by 0. R. Randolph dated April 14, 1958,
revised in part on December 11, 1958, of record in said
Clerk's Office in Deed Book 340, page 419 and Deed
Book 391, page 459 .
Reference is here made to said deed and plats for a
further and more particular description of the property
hereby conveyed.
:: .; 3 ? 3 r,GE'J249
This conveyance is subject, however, to certain
restrictions and reservations of utility easements, as
set forth on the sub-division plat of Colthurst Farm
above referred to, and in the Statement of Subdivision
dated June 9, 1958, of record in said Clerk's Office in
Deed Book 340, page 411, as amended by instrument dated
September 9, 1959, of record in Deed Book 352, page 388.
•
This conveyance is also made subject to a certain
water agreement between Niront Corp. and Sydnor Pump &
Well Company, Incorporated dated May 15, 1958, of record
in Deed Book 341, page 123, the interest of Niront Corp.
therein having been transferred and assigned to Grantor
by deed dated July 15, 1963, above referred to.
This conveyance is also made subject to an easement
granted Virginia Electric and Power Company by deed dated
September 29, 1958, of record in said Clerk's Office in
•
Deed Book 343, page 317, to an easement granted Virginia
Telephone and Telegraph Company by deed dated November 19,
1958, of record in Deed Book 344, page 368, and to an
easement granted Virginia Telephone and Telegraph Company
by deed dated October 10, 1963, of record in Deed Book 394,
page 424, to an easement granted Virginia Electric and
Power Company by deed dated May 19, 1966, of record in
Deed Book 418, page 586, and to an easement granted
Virginia Telephone and Telegraph Company by deed dated
June 8, 1966, of record in Deed Book 420, page 221, to
the extent that said easements affect the property hereby
conveyed.
WITNESS the following signatures and seals:
r //
L . ✓ EAL)
istop A. eorges
-6-erV j (SEAL)
ets �t eorges
LURE. CALLAGHAN a MCCALLUM -2-
ATTORNEYS AND
COUNSELORS AT LAW
CMARLOTTESVILLE. VA
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'� '� ;' •
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BK 1890P00001
001021
THIS DEED OF EASEMENT,made this 20'day of January,2000,by and
between WILLIAM COURTNEY LOWE and DAPHNE N. LOWE, husband and wife,
Grantors,and JANE MILLER and DEBORAH A.TYSON,Grantees,whose address is 204
Colthurst Drive,Charlottesville,VA 22901 •
WITNESSETH :
That for and in consideration of the sum of TEN DOLLARS ($10.00), and other
good and valuable consideration,the receipt of which is hereby acknowledged,the Grantors do
as
v hereby GRANT, BARGAIN, SELL,and CONVEY with GENERAL WARRANTY OF TITLE •
•
`o unto Jane Miller and Deborah A.Tyson,as joint tenants with full rights of survivorship, a
a. permanent exclusive easement on and across that portion of Lot 7, Block E, Colthurst Farm •
-
0
~
o Subdivision, in the area delineated on a copy of a plat of said Lot 7 made by Roudabush, Gale & •
H
o Assoc., Inc.,dated May 18, 1992, attached hereto as Exhibit A,as more fully shown in the
a
darkened area on said plat with the southern boundary of the casement being the center line of
the creek as currently located until it intersects with the pond then the boundary follows the edge
of the pond as currently located in a northerly and easterly direction to the eastern-most boundary
of said Lot 7 approximately thirty-eight feet(38') from Lot 4. This casement is appurtenant to
Lot 4,Block E,Colthurst Farm,runs with the land and the requirements and benefits hereof inure
•
• to the benefit of the successors and assigns of the Grantees and Grantors.
There shall be no construction in the easement area except for fences, paths and ••
landscaping. Any and all maintenance in the easement area shall be performed by Grantees at
Grantees' sole expense. Grantees shall maintain liability insurance on the easement area and
indemnify Grantors from any and all claims arising therefrom.
1
BK 1 890P00002
The easement is on the property acquired by Grantors by deed from William M.
Watson,Jr. and Sandra T. Watson,his wife,dated April 17, 1998 and recorded in the Clerk's
Office of the Circuit Court of Albemarle County in Deed Book 1710,page 3.
The conveyance of this easement is subject to other casements, restrictions,
conditions, and reservations contained in duly recorded deeds,plats, and other instruments
constituting constructive notice in the chain of title to the property over which the aforesaid
easement is granted,which have not expired by limitation of time contained therein or have not
otherwise become ineffective.
WITNESS the following signatures and cls:
1741P:
[SEAL]
illiam ' urtney Lowe
[SEAL]
ap e N. Lowe
STATE OF VIRGINIA AT LARGE:
CITY OF CHARLO 111;SVILLE:
The foregoing Deed was acknowledged before me this o,�d day of
January, 2000,by William Courtney Lowe and Daphne N. Lowe.
My commission expires:
Notary Public
PREPARED BY BOYLE,BAIN&DOWNER
2
.
BK 1890PG( 3 LXHIB Tq • .
THIS IS TO CERTIFY THAT ON MAY I?, /i)/? •' .•
I SURVEYED THE PROPERTY SHOWN ON TInS PLAT AND THE TITLE LINES a •
AND WALLS OF THE BUILDING ARE SHOWN HEREON. • l•il'""'Gala
i
• J. Thomas Gala
l ron, L . Na. 1443B
•
THIS PROPERTY DOES NOT I.IE IN A FLOOD
found ,
HAZARD ZONE AS DEFINED DY II.U.D. 1•!>r
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found •�' • ,'f' ► 7 l?‘ n,
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for c, r-- r' ^,: i re.
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to r-• 16°., " Q�
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G".n farm d /¢A
/ PHYSICAL SURVEY
LOT 7, BLOCK G,
COLTHIIRSTST FARMS
LOCATED NEAR CHARLOTTESVILLE,
ALIEMARLE COUNTY, VIRGINIA.
ROUI1ABUSH.GALE & ASSOC: INC.
cEIITI/I!D U1140 SUllverOR—L'MOINELR
C$ARLOT 1ESVIl 1 E.Vt1 OINIA
DAM Li AY 1G, 199 Z /'= 50' _
•......--.... , T4., /
•
'm
eK 1890P00004
• •
VIRGINIA: IN TilE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
THIS DEED WAS PRESENTED. AND WITH CERTIFICATE ANNEXED. IS ADMITTED
TO RECORD ON 000 82000 , AT.i' I O'CLOCK M. ,
STATE TAX
S -5O (0391
LOCAL TAX S (2131
TRANSFER FEE S O (212)
I.T.T.F. S--3.00__(106)
VSLF S- 1.00_ 11451
CLERK'S FEE $ ,Lc'. O a (301)
PLAT S
S ECT.SE.I-1102: / TESTE:
STATE TAX J�� l03lSI
SHELBY J.MARSHALL.CLERK
S_
LOCAL TAX S , s Q(2201 /�'�‘7 �
LOCAL TAX S (2231 BY: //,
S T�./� O v EPUfi Y CLERK
TOTAL
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RE-DIVISION PLAT
APPROVED FOR RECORDATION LOT 1 BLOCK 'E '
Agent Board Of Supervisors GOL_THURST FARMS
`a.,„„,,, ow. I `` r JACK JOUETT MAC I STERI PL DISTRICT
., `
1 , ` ' I ALBEMPRLE COUNTY, VIR6INIA
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�E�'ci..P? � 1/44rili9 :1
OWNERS APPROVAL NOTARY PUBLIC
The subdivision of the land described herein THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
is with the free consent and in accordance
with the desire of the undersigned owners, THIS DAY OF , 19
proprietors, and trustees . Any reference to
future potential development is to be
deemed as theoretical only . All statements
affixed to this plat are true and correct to My Commission Expires
the best of my knowledge .
OWNERS APPROVAL NOTARY PUBLIC
The subdivision of the land described herein THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
is with the free consent and in accordance
with the desire of the undersigned owners, THIS DAY OF 19
proprietors, and trustees . Any reference to
future potential development is to be
deemed as theoretical only . All statements
affixed to this plat are true and correct to
the best of my knowledge . My Commission Expires .
NOTES:
I.) Revised Lot 4 and Residue Lot -1 Each have in excess
I.) OWNER $ LEGAL REFERENCE: of 30,000 sq. ft. of area with slopes less than 25%.
lax map SoO-(E) Parcel -1 2.) Subject Property appears- to Ile in a flood Zone 'C'
Zoned: RA "areas of minimal floodinc" as shown on flood insurance
Thomas .$ Merv! Hamby rate map Community pane # 510006 0210 B, Effective
#105 Falcon Drive Date: December 16, IG80.
Charlottesville, Va. 22101
3.) This Plat Is based on a actual field Survey performed by
SOURCE OF TITLE: this office on December 3, 2001.
D.B. 1124 p.311
D.B. 340 pp.4l1-424(plat)
2.) OWNER 4 LEGAL REFERENCE:
Tax map 6OC-(E) Parcel 4
Zoned: RA
Jane Miller ' Debra Tyson
#204 Colthurst Drive
Charlottesville, Va. 22101 _c
t
SOURCE OF TITLE: . AE6 0
6,;(
D.B. IS-1-1p.l08 f ♦ GQ,,/ c
D.B. 340 pp.411-424(plat) �c, 111110
Or,/6
j0,
"in r
SETBACKS:(RA Zoning)
subject property
FRONT: -15' Feet From existing Public Roads
25' Feet From Internal Public
or Private Roads
SIDE: 25' Feet
REAR: 35' Feet Vicinity Mop
N.T.S. , -
ROUDABUSH, GALE & ASSOCIATES, INC. JULY 11 , 2002
ENGINEERS, SURVEYORS AND LAND PLANNERS
., A PROFESSIONAL CORPORATION e
"A SERVING VIRGINIA SINCE 1956 71 814 MONELL TIC ROAD-CHARLOTTESVILlE,VIROINIA 22802
� P
\ PHONE B04 AT7-0206-OFAX B04 296 b?20-EMAIL INFO@ROUDABUBH.COM FILE: 4932
4
Q/JPoweH/4g32-SUB SHEET 1 of 2
'________ N/F DILLIES
-- D.B. 17g5 p hSg
-- - LOT 3 ,/�
-- FND.
MON.
TM. 60-G(E) Parcel 4
J. Miller c D. Tyson 1:w
LOT 4 Block 'E'
Go l thurst Farm . :�. z k.•
1 .2825 Ac.(D.B. 340 pp.4K1-424) .. ::; ,,la•• , .tt�...,z....,.alfra
+0.220-1 Ac. Parcel 'A' • :•VC °1' g4, ti K••
i `a+ �Y v.:19 Lt$ CK�PL+Y y3
= 1 .5032 Ac. Revised / �v .���a • �t, s x :„,,,,«,. ,,,,,2
s rfiY. �SS;:� t�,err:?ikP?£�'
4£ x nor
ry� 1[L
• °- 'f`.':• - . e• ,.. , ERMANENT EXCLUSIVE EASEMENT �,
`°:. FOR FENCES, PATHS AND LANDSGAPING �, p �j
' TO BENEFIT LOT 4 -� -o ‘-
•, m
° D.B.I810 pp.001-003 TO BE ABANDONED �? c. �w2�
FND• . '�� ill
0/ ,4) Revised N 9
� �'' TM. 60-G(E) Parcel 1 ut
KIP° ° 4) , •-• a HAMBY
,. �''�o ' LOT 1 Block 'E' o—
�' v
q• Colthurst Form
/ 1.16121 Ac. Total(survey
-0.2201 Ac. Parcel 'A
=l 51l5 Ac, Revised Parcel 1
/6),o
k. JtJ77NG
TM.60-G-(E)-6 -Y n
N/F SMITH 011.
D.B. 1303 p.536 <�S FNP.
'sue, MON.
LOT 6
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,t, 4,1 4 0 0 99 /
7 •
/- AOx�„K.,
i'- ''ARE-DIVISION PL/5
-- CA LOT �1, BLOGK E,
-�_- SCALE 1" = 40' -,
___ - ao 20 0 40 eo /-
GOLTHURST FARM
JACK JOUETT MAGISTERIAL DISTRICT
SCALE IN FEET /- ALBEMARLE COUNTY, VIRGINIA
ROUDABUSH, GALE & ASSOCIATES, INC. JULY 11 , 2002
ENGINEERS, SURVEYORS AND LAND PLANNERS
FL A PROFESSIONAL CORPORATION a SCALE: 1" = 50'
, 914 MONTICELLO ROAD CHARLOTTESVILLE,VIRGINIA 22902
\ONE •
804-077.0206-FAX 804-298.6220-EMAIL INFO@ROUDABUBH.COM SERVING VIRGINIA SINCE 1950
. FILE: 4932
0/JPoweII/4g32-5UB SHEET 2 of 2