HomeMy WebLinkAboutVA200300007 Application 2003-06-02 County of Albemarle
Department of Zoning
401 McIntire Road
9 Charlottesville, VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
DATE: (O `; 03
VA- -OO STAFF:
FEE: $120.00 y�� . /�,09
/
Y/)' VARIANCE APPLICATION
1 a.,(4),_ OWNER (as currently listed in Real Estate)
*5
Name CA'Cbl�12.I (I A 4-t-t ti Phone (510 ) 4.6(0 - 444I
Address a53(i 'DiC4& 0001.- IL AD ) AFTON VA 2L11-O
APPLICANT (if different from above)
Name Phone ( ) -
Address
CONTACT PERSON (if different from above)
Name Phone ( ) -
Day Phone ( ) -
Address
LOCATION: ;W Gs1 sItk Of DiCK i)PL 2.0AD APR2cx1ihf y jjf) 'tAAD`3 Fi- ri i-r im-rets6en03
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY 069j00 - CC - OD `-- CI (9450
TAX MAP , PARCEL ; TM , P ; TM , P
_ZONED: A ORDINANCE SECTION: fo,
Board of Zoning Appeals Date: '-7/ / / O 3 -Rs V 42(49
( ) Special Permit ( ) Variance ' )
( ) )1•19i;
BZA ACTION: 4p%/(7_ 5- O /' /3 C�/LS
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VA-2003-007 (Sign # 5) Catherine G. Allen (owner/applicant). Located at the
Nelson County line on the west side of Dick Wood's Rd. (Rt. 637), approx. 100
yards from its inters. with Rt. 750. Request to reduce the front yard from 75 to 71
feet to allow an existing house to remain as built. TM 69 / Parcel 10B, zoned
Rural Areas.
DESCRIPTION OF REQUEST: IV P.Rs-i r( TH E H ot.t LA-rE o A-I
q5c1 iot QDs 'WAD To QEr1A1P 1,0 rf tom i 1A-11-) -1.2 Fe:
rn i gt i 4-r of r0A K C oat .a IL , wnx5 2o11 n-
JUSTIFICATION SHALL BE BASED 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.
T AS "Ii.4.5-1'iri tATto►-1 .
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
st of my knowledge a d belief.
t 3 / cq/
Signature Date Receipt# D to
This variance request is made because the owner's existing house(built in 1995)has been
found to be 86.2 feet from the right-of-way for Dick Wood's Road.
When the owner purchased the property, it included a house which was located
approximately 24 feet from the right-of-way for Dick Wood's Road. This house was
demolished and a new house (the existing one) built. The new house was built under a
Nelson County Building permit because the property had always been described as lying
in Nelson County. At the time of purchase, the current owner suspected that a portion of
the property might lie in Albemarle County; therefore, the deed was recorded in both
Albemarle and Nelson counties (see attachment 1). When construction was completed,
the owner had a survey done which confirmed that the house lay in Albemarle County
(see attachment 2).
In May 2003 the owner applied for a building permit from Albemarle County to build an
addition to the house. She was told that the front set-back for the addition did not meet
current county ordinance. Further, she was told that the existing house did not meet
current ser-back requirements. The owner has had the addition re-designed to meet all
set-back requirements and is requesting that a variance be granted for the existing house.
Because the current house has been in place for seven years and is located 47 feet further
back from the right-of-way for Dick Wood's Road than the original house was,the
authorization for such variance will not be of substantial detriment to adjacent property
and the character of the district will not be changed by the granting of the variance.
Indeed, the character of the district has been improved(see attachment 3).
A`-`Ac t.rf.
THIS DEED made the 8th day of February, 1995, by and
between MARGARET D. ANDERSON, widow, "Grantor" , and CATHERINE G.
AlLEN, individually, "Grantee" , provides:
THAT for and in consideration of the sum of Ten Dollars
($10. 00) , cash in hand paid, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the
Grantor does hereby grant, bargain, sell and convey, with ,
General Warranty and English Covenants of Title, unto the
Grantee, the following described property:
All those two certain lots of land together with all
improvements and appurtenances, lying on the west side of
State Route 637 approximately 100 yards south of its
intersection with State Route 750 in the Rockfish
Magisterial District of Nelson County, Virginia and the
White Hall Magisterial District of Albemarle County, ,
11 Virginia, consisting of a lot described as 2 acres, more or i
less, conveyed to John D. Anderson and Margaret D.
Anderson, by deed of Ben D. Showers and Helen K. Showers,
dated June 25, 1948 and recorded in the Clerk's Office of
the Circuit Court for Nelson County, Virginia in Deed Book
79, at Page 365 and a lot containing . 50 acres conveyed to
John D. Anderson and Margaret D. Anderson by deed of S. P.
Goodloe dated October 7 , 1963 and recorded in the aforesaid
Clerk's Office in Deed Book 101 , at Page 235 and more
particularly described on a plat by T. W. Saunders, C. L.S . ,
dated July 1, 1963 , a copy of which is recorded along with
the aforesaid deed recorded in Deed Book 101 , at Page 235.
II John D. Anderson died on r4 (6,,-u4 ✓1 2Z 1 i nt , and by
virtue of the survivorship provisions in the above named
deeds, Margaret D. Anderson became vested with full title
to both tracts.
•
This property has always been previously described as lying
in Nelson County but a portion of the property is believed to be
in Albemarle County and this deed is to be recorded in Albemarle
County to establish title in that jurisdiction.
ES TON&THELEN P C
rTORNEYS AT LAW
INGSTON VA 22949 11
LYSFORD VA 22956 li
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/3t0 _ • - s 'QT i° This certifies that the properly shown hereon was surveyed on Oct 25,1995 �,�TYi'
Pipe 0 o/ \•l`. •`s`,lie,,..._.`-'.`S and the title lines and improvements are as shown on this plat4
old fence cor This property is not in a HUD defined 100 Yr (Zone A)Flood Area v�'C� (J�'�7 i7 ���;,:
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MARTHA P \ •,s ,��� 5a1-3(b)1?1 ! 4-44
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9�� • SITUATED IN ROCKFISH DISTRICT OF
O j NELSON COUNTY and WHITE HALL
Ine'¢ ug e/ec /a Re /® \� �m c DISTRICT-ALBEMARLE COUNTY , VA.
oveheod PO .er Power T\ "Sy Tiro Slory O 'per • �a
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Pipe se/a/ v TOTAL .e c.
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N04.42'DO"W 8Z•BB.Bp S 85.42E m
I'.�oo• „ N 30yp•K, Iron ,f, B -t ___ \ To/a/, q6/O . OWNER CATHERINE G ALLEN
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