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Home My WebLink AboutLZC202300014 Application 2023-03-15Letter of Zoning Compliance FOR OFFICE USE ONLY Fee Amount: $227.76 Letter of Zoning Compliance Number: Date Paid: Application $219 + Technology Surcharge $8.76 Receipt #: Check #: A By: oe nce Albemarle County d Rn A Community Development i 401 Mtlnfire Rd. NaM W n, Chali0nes46, VA 22W2 Phone 434.2%M32 Applicant- Fill out the entire page below And return to Community Development 401 McIntire Rd, North Wing, Charlottesville, VA 22902 Name: Casey Ellen Dugan, Paralegal -Gentry Locke Attorneys E-Mail Address: dugan@gentrylocke.com Mailing Address: 10 Franklin Road, SE, Ste 900, Roanoke, VA 24011 Phone ak 540.983.9409 Letter of Zoning Compliance Property Information Tax Map and Parcel Number: 07700-00-00-0100 Physical Address: (if applicable) 1540 Avon Street Extended, Charlottesville, VA 22902 Total Acreage: 6.32 acres Zoning: (staff will fill out H unknown) Other Info/Notes: (ff applicable) Owner of Record: FITZGERALD, Lori D. & Gary Michael E-Mail Address: rmain@chadottesvillelegal.com Mailing Address: c/o Ralph'E. Nair, Jr, , 'Esq. 415 4th Street, RE Charlottesville- VA 22902 Phone #: 434.979.5515 Items Required to Apply for a Letter of Zoning Compliance Approved/Recorded Plat/Plan of the property. Please include a copy of the most recent recorded plat of the property. 2. Sample letter or information needed. Please include the information you are requesting. Letters of Zoning Compliance may include: • The applicable Zoning and Overlay Districts of the property • The permitted uses of the property/whether a specific use is permitted on the property • Applicable Rezonings/Proffers/Special Use Pernits/ConditionsNariances/etc. associated with the property • Applicable Site Plans • Applicable Zoning or Building Code Violations. This office does not keep track of fire violations, you can reach the County of Albemarle —Fire and Rescue at (434) 296-5833 • Other information/forms as requested. (If the letter is for an automobile dealer please include the DMV form) Letters of Zoning Compliance will be processed within thirty (30) days of receipt of a complete application Review cannot begin until the application above is complete and all applicable fortes and fees are submitted. If you have any questions feel free to contact Zoning Staff at (434) 296-5832. The total $227.76 fee for the application ($219) and technology surcharge ($8.76) can be paid for in person, by check mailed with the appl' i tion, or online. If paying online please attach a copy of your payment receipt. Signaturet—PiinteaCasev Ellen Dugan, Paralegal Date March 14. 2013 1 CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning Administrator Determinations or Appeals, Sign Permits, Building Permits) if the application is not the owner. I certify that notice of the application, [County application name and was provided to Lori D. and Gary Michael Fitzgerald the owner of record of Tax Map [name(s) of the record owners of the parcel] and Parcel Number 07700-00-00-01000 manner identified below: Q Hand delivering a copy of the application to by delivering a copy of the application in the [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date Q Mailing a copy of the application to Go Ralph E. Main Jr., [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on March 14, 2023 Date to the following address: Dygert Wright Hobbs & Fernandez, PLC, 415 4th Street, NE, Charlottesville VA 22901 [address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. 1 Signature of Applicant Casey Ellen Dugan, Paralegal Print Applicant Name March 14, 2023 Date (hnhi Inla nnaliuu \: i Parcel ID Primary Prop. Address Other Address(es) Subdivision Property Name Description Lot Property Card(s) Total Acres Tax Status Owner Address Owner as of Jan 1st Year Assessment Date Land Value Land Use Value Improvements Value Total Value .., . I< ., . i. . , II, ,. 07700-00-00-01000 1540 AVON STREET EXT N/A N/A N/A ACREAGE3 01000 2 6.32 Reg. Taxable FITZGERALD, LORI D & GARY MICHAEL FITZGERALD 1540 AVON ST EXT CHARLOTTESVILLE VA, 22892 FITZGERALD, LORI D & GARY MICHAEL FITZGERALD 2023 O1/01/2023 $991,100 $0 $155,600 $1,146,700 Previous Owner FITZGERALD, LORI D Owner FITZGERALD, LORI D & GARY MICHAEL FITZGERALD Sale Date 03/24/2021 Sale Price $0 Deed Book/Page 5504/778 Instrument # 202100005121 OIhcr 1.1% 1111„1111 Own e. 'I I'm I.' State Code Industrial Tax Type Reg. Taxable Parcel Level Use Code Storage Warehouse L� ---- 2Q1fflRW & RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A - COVER SHEET CONTENT Instrument Dater ..3/,23/2021 ........................................ InstrumentTypey.D.G ............................................................. V Number of Parcels: ....... 1....... Number of Pages:.......?........ [ ] City [X] County ALBEMARLE COURT ....................................................................... CIRCUrr COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [ ] Grantee: Business/Name 1 Grantor: . FITZGERALD, LORI D ................................................. RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG FILED Mar 24, 2021 AT 12:29 pm BOOK 05504 START PAGE 0778 END PAGE 0780 INST # 202100005121 TOTAL NUM PAGES 0003 MEB (Area Above Reserved For Deed Stamp Only) ................. Grantor:. ......... ....................................... .................................................. ................................ _............................................................................................... ,1 FITZGERALD, LORI D ..... Grantee:.................................................................................................................................................................................................................................. 2 Grantee: FI, RIAE ..................................TZGERALD........GA ..................Y ...M......CH.............L ................................................................................................................................................................. Grantee Address Name: LORI D,FITZGERALD .......................................................................... Address: . 1540 AVON STREET EXTENDED .................................................................... City:_CHARLOTTESVILLE........................................................ State: ...... VP:..... Zip Code: .22902 .............. ................... Consideration:.$°.:00........................ Existing Debt: $.:0o............................ Actual Value/Assumed:.so- PRIOR INSTRUMENT UNDER § 58.1.803(D): Original Principal:.SO.-00.......................... Far Market Value Increase: ............................. Original Book No.: Original Page No.: Prior Recording At: [ ] City [ ] County .... Book Number: ............................ Page Number: Original instrument No.: Instrument Number: Percentage In This Jurisdiction:._looe Parcel Identification Number/Tax Map Number: ..07700.-00-00-01000........................................................................................................................................... Short Property Description: _5 : 6._ACRES, MORE OR LESS STATE ROUTE 742 Current Property Address: _1540 AVON. S... TRE...... ET EX.TE..N.DED................................................. .... .............................................................................................................. City: _CHARLOTTESVILLE VA . .................................... State:................ Zip Code:......22902.......................................... Instrument Prepared By: RALPH E. MAIN, JR. Recording Paid By: LORI D. FITZGERALD ................................................ Recording Returned To: RALPH .E. .MAIN, JR. DYGERT, WRIGHT, HOBBS S HERNANDEZ ........................................................................................................................................................................................... Address: _915 . FOURTH .STREET, HE ........................ City: CHARLOTTESVILLE .......................................... State: ................. Zip Code:......................... FORM CC-1570 (MASTER PAGE ONE OF ONE ) 1 1/19 O Copyright 2014 Office of the Executive Secretary, Supreme Cow of Vugmia. All rights mmcd. Cover Sheet A 202100005121.002 Prepared By: Ralph E. Main, Jr. (VSB # 13320) Dygert, Wright, Hobbs & Hernandez, PLC 415 Fourth Street, NE Charlottesville, Virginia 22902 Tax Map Parcel: 07700-00-00-01000 a I Exemption: Virginia Code Section 58.1-811(D) The preparer of this document has been engaged solely for the purpose of preparing this document, has prepared the document only from the information given and has not been requested to provide, nor has the preparer provided, an examination of the legal description, an opinion on title or advice on the tax, legal or non -legal consequences that may arise as a result of the conveyance, nor has such preparer verified the accuracy of the amount of consideration stated to have been paid or upon which any tax may have been calculated. THIS DEED OF GIFT, made and entered into this 23rd day of March, 2021, by and between LORI D. FITZGERALD, Grantor, and LORI D. FITZGERALD and GARY MICHAEL FITIZGERALD, wife and husband, Grantees, whose address is 1540 Avon Street Extended, Charlottesville, Virginia 22902, WITNESSETH: That for and in consideration of mutual love and affection, Grantor does hereby GIVE, GRANT and CONVEY with SPECIAL WARRANTY OF TITLE unto Grantees as tenants by the entirety with full rights of survivorship as at common law and not as tenants in common the following described property, to -wit: All that certain lot or parcel of land with the improvements thereon and the appurtenances thereunto belonging situated in Albemarle County, Virginia on the northwest side of State Route 742, containing 6.6 acres, more or less, and shown as Lot 3 on a plat by Hugh F. Simms, S.A.C., dated November 1925 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 191 at Page 590, LESS AND EXCEPT all that 202100005121.003 certain strip or parcel of land containing 0.28 acre taken by the Commonwealth of Virginia and described in an instrument of record in the aforesaid Clerk's Office in Deed Book 423 at Page 574, and being the same property conveyed unto Grantor herein by deed of gift from Richard Forrest Wingfield dated August 21, 1995 and recorded in the aforesaid Clerk's Office in Deed Book 1489 at Page 287, in which deed of gift Richard Forrest Wingfield reserved a life estate. Richard Forrest Wingfield departed this life on October 25, 2005, whereupon his life estate terminated. ` a The property hereby conveyed is subject to any and all easements, restrictions, reservations 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 which have not otherwise become ineffective. WITNESS the following signature and seal. (SEAL) LORI D. FITZMRALD STATE OF VIRGINIA AT LARGE CITY ht°btRd-Tii OF bL C�18" A L� , to -wit: The foregoing instrument was acknowledged before me this � \ day of Ckk , 2021 by Lori D. Fitzgerald. My Commission Expires: � �v D�� Notary Public ,— Registration No. t9 1 5 �" INSTRUMENT X 202100005121 RECORDED ALBEMARLE CO CIRCUIT COURT 2 CLERICS OFFlCE Mar 24, 2021 AT 12:29 PM JON R. ZUG, CLERK by MEB BOOK 05504 PAGE 0778 • 00T80 es 1489PGO287 OU81'74 THIS DEED OF GIFT, made and entered into this 21st day of August, 1995, by and between RICHARD FORREST WINGFIELD, divorced, Grantor, and LORI D. FITZGERALD, married, Grantee, 1540 Avon Street Extended, Charlottesville, Virginia 22902 W I T N E S S E T H: That for and in consideration of mutual love and affection, Grantor, subject to the life estate hereinafter described, does hereby GIVE, GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee in fee simple absolute the following described property, to -wit: All that certain lot or parcel of land with the improvements thereon and the appurtenances thereunto belonging situated in the County of Albemarle, Virginia, on the northwest side of State Route 742, containing 6.6 acres, more or less, shown as Lot 3, on a plat by Hugh F. Simms, S.A.C., dated November 1925, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 191 at Page 590, less and except all that certain strip or parcel of land containing .28 acres taken by the Commonwealth of Virginia described in instrument of record in the aforesaid Clerk's Office in Deed Book 423 at Page 574, and being the same property in all respects which was conveyed unto Grantor herein by deed from Essfe W. Clements et vir dated August 3, 1956 and recorded in the aforesaid Clerk's Office in Deed Book 326 at Page 13. In the aforesaid deed of record in Deed Book 326 at Page 13 Essie W. Clements, also known as Essie Wingfield Clements, reserved the right during her life to occupy one room -1- 8x 1489PGO288 in the house located on said property; however, this life estate terminated upon the death of Essie W. Clements on July 29, 1987 . Richard Forrest Wingfield, Grantor, hereby reserves a life estate in and to the above described property. This deed is exempt from taxation pursuant to Section 58.1-811 of the Code of Virginia, 1950, as amended. WITNESS the following signature and seal. STATE OF VIRGINIA AT LARGE COUNTY OF ALBEMARLE, to -wit: The foregoing idpv this 30R day of August, 1995 My Commission Expire RIC FORREST WINGFIELD -2- ent' was acknowledged before me hard Forrest Wingfield. Awc, Jo M-7 A Y 8x 1489PGO289 VIROINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:^\ THIS DEW WAS PRESENTED, AND WITH CERTIFICATE A RXE), IS ADMITTED TO RECORD ON A4, 31 ,19_qS , ATI ' O'CLOCK n M. STATE TAX ; (039) LOCAL TAX S (213) TRANSFER FEE $ (212) VSLF $ 1.00 (145) CLERK'S FEE f_J�3.AO 001) PLAT $ SEC.58.1-802: TESTS: STATE TAX $ (038) SHELBY J.MARSHALL,CLERK LOCAL TAX (220) �� LOCAL TAX _(� $ _(223) BY: Ul71QriW.4rnx&:n D UTY CLERK Ili') GENTRY LOCKE Attorneys March 14, 2023 SENT BY FEDERAL EXPRESS Bart Svoboda, Zoning Administrator Albemarle County - Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 Casey E. Dugan dugan@gennylocke.com P: (540) 983-9409 F: (540)983-9400 Re: Zoning Compliance/Verification Letter Request Property: 1540 Avon Street Extended, Charlottesville, Virginia 22902 Property Owner: Lori D. and Gary Michael Fitzgerald Tax ID No.: 07700-00-00-01000 Dear Mr. Svoboda: We represent Carter Machinery Company, Incorporated, a Delaware corporation ("Carter'), which has contracted to purchase the referenced property with a closing tentatively scheduled to occur in June of 2023. Please provide a zoning compliance/verification letter for the property referenced above to include the following: 1. Current zoning classification; 2. Confirmation that the use is not prohibited, or has been approved per a special permit; and 3. Confirmation that the existing structures located on the property are not in violation of the County's zoning ordinances, including building setback requirements, height and floorspace area restrictions and parking requirements. Carter provides equipment sales, rentals and services for customers operating in a variety of industries, including, but not limited to, general construction, industrial, manufacturing, commercial or residential building, utility contracting, road building and landscaping. The range of equipment Carter offers to its customers spans from small handheld tools to heavy construction equipment and machinery. Carter's proposed use of the Property will be limited to the operation of an equipment rental facility. The equipment to be rented out to customers from the Property by Carter will include a variety of hydraulic excavators, backhoes, compact track loaders, telehandlers, skid steer loaders, boom lifts and scissor lifts (the "Equipment"). The Equipment varies in weight from approximately 2,700 to 38,000 pounds. 10 Franklin Road SE. Suite 900 Roanoke, VA 24011 • PO Box 40013 Roanoke, VA 24022-0013 Toll Free: 866.983.0866 10911/221/11034317v1 0 GENTRY LOCKE Bart Svoboda, Zoning Administrator March 14, 2023 Page 2 Although Carter offers a variety of larger and heavier equipment to its customers not described above, such equipment is, and will continue to be, rented out, stored and delivered to and from different facilities operated by Carter located outside of Albemarle County, including Carter's rental and service facilities located in Richmond and Fishersville, Virginia. It is my understanding that certain of the Equipment may qualify as "heavy equipment" under the Code, but we believe this is predominantly due to the dimensions and size of vehicles and trailers which will be transporting such Equipment to and from the Property, not due to the dimensions or weights of such Equipment alone. Additionally, Carter has obtained the requisite hauling permits allowing it to legally transport the Equipment on Virginia's highways, in addition to equipment and vehicles far in excess of the weight and dimensions of the Equipment Carter wishes to rent out to its customers from the Property. Also, please provide a copy of the applicable provisions of the County's zoning ordinance that govern the use of the above -referenced Property, including a list of permitted uses. We enclose our application, this firm's check payable to Albemarle County in the amount of $227.76 representing payment of the fee, and a copy of the current deed. If you have any questions or need any additional information, please call. Very truly yours, GENTRY LOCKE CLI�q��_ aj�� Casey E. Dugan Paralegal /ced Enclosures 10911/221 / 11034317v I