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Home My WebLink AboutLOD200300034 Letter of Determination 2003-03-26 (2)`tRGIN�P,A COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012 March 26, 2003 Joseph M. Cochran 243 Patterson Mill Lane Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 71, Parcel 37 I (Property of Joseph M. Cochran and Pamela D. H. Cochran) Section 10.3.1 Dear Mr. Cochran: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 71, Parcel 371 is comprised of three separate parcels of record. Each of these parcels contains one theoretical development right. The basis of this determination is summarized as follows. Our records indicate Tax Map 71, Parcel 37 I contains 4.458 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1853, page 221. Deed Book 439, page 429, dated February 2, 1968, conveyed 2.55 acres from Kenneth S. Wood & Ida Ann Wood to Charles H. Wikel & Georgie Wikel. The property is shown on a plat by T. W. Saunders, C. L. S., dated March 13, 1962, and recorded in Deed Book 378, page 149. A copy of the plat is included with this file. Deed Book 473, page 524, dated May 21, 1970, contains a deed of exchange between Franklin. W. Yancey, party of the first part, Charles H. Wikel & Georgie Wikel, parties of the second part, Herbert A. Pickford and Joseph W. Richmond, Trustees, parties of the third part and Virginia National Bank, party of the fourth part. In this transaction Franklin W. Yancey conveyed 1.92 acres to Charles H. Wikel & Georgie Wikel and Charles H. Wikel & Georgie Wikel conveyed 0.94 acres to Franklin W. Yancey. Both of these parcels are shown on a plat by Warren F. Wade, dated May 8, 1970. The plat was signed by the County on May 18, 1970. Parcel A, containing 0.94 acres is described as being a portion of the real estate subject of the lien of a deed of trust recorded in Deed Book 439, page 431 wherein Charles H. Winkel and wife conveyed 2.55 to the Trustees to secure a bond held by the Virginia National Bank. Virginia National Bank authorized the Trustees to release Parcel A from the lien. In accord with this I:\DEPT\BCZS\Determin of Parcel\71-37 I Cochran.doc Joseph Cochran March 26, 2003 Page 2 authorization, the Trustees conveyed Parcel A to Franklin W. Yancey clear of the lien. As a result of this transaction, the residue of the 2.55 acres parcel described in Deed Book 439, page 429 contained 1.61 acres. Based on this deed, the 1.92-acre tract identified as "A" on the plat by Warren F. Wade recorded in Deed Book 473, page 527 is determined to be a nonconforming parcel of record as defined in Section 1 0.3 of the ordinance. It is further determined that this parcel contains one theoretical development right. This tract is identified as Parcel 41 A on the plat by Audrey Huffman recorded in Deed Book 708, page 645. Also, based on this deed, the residue of the 2.55 acre tract after the off -conveyance of 0.94 acres, containing an estimated 1.61 acres is determined to be a nonconforming parcel of record as defined in Section 10.3 of the ordinance. It is further determined that this parcel contains one theoretical development right. This tract is identified as Parcel 37 I on the plat by Audrey Huffman recorded in Deed Book 708, page 645. Deed Book 550, page 622, dated May 14, 1974, contains a deed between Franklin W. Yancey, party of the first part, Charles H. Wikel & Georgie Wikel, parties of the second part, Herbert A. Pickford and Joseph W. Richmond, Trustees parties of the third part and Virginia National Bank, party of the fourth part. In this transaction Franklin W. Yancey conveyed 0.94 acres to Charles H. Wikel & Georgie Wikel. This is the same property described as Parcel A and shown on the plat by Warren F. Wade, dated May 8, 1970, recorded in Deed Book 473, page 524. The parties of the second part conveyed a non-exclusive easement to serve the land of the party of the first part. The easement is shown on a plat by Warren F. Wade, dated April 28, 1974, that is recorded with this deed. Based on this deed, the 0.94-acre tract identified as `B" on the plat by Warren F. Wade recorded in Deed Book 473, page 527 is determined to be a nonconforming parcel of record as defined in Section 10.3 of the ordinance. It is further determined that this parcel contains one theoretical development right. This tract is identified as Parcel 37 I (1) on the plat by Audrey Huffman recorded in Deed Book 708, page 645. Deed Book 708, page 645, dated January 8, 1981, conveyed 4.4581 acres from Charles Wikel to Patricia Anne Burke. The property is described as consisting of three tracts of land aggregating 4.4581 acres, more or less, and more fully described and shown on a plat by B. Aubrey Huffman & Associates, dated January 13, 1981, attached hereto. This is the same property conveyed to Charles H. Wikel and Georgia A. Wikel by the following deeds: Deed Book 550, page 622, Deed Book 473, page 524 and Deed Book 439, page 429. This conveyance had no effect on the development rights or status as separate parcels of record of the subject property of this determination. I:\DEMBUSTetermin of Parcel\71-37 I Cochran.doc Joseph Cochran March 26, 2003 Page 3 Deed Book 952, page 279, dated July 10, 1987, conveyed 4.4581 acres from Patricia Anne Burke to John A. Lawrence & Deborah A. Phillips. The property is described as consisting of three tracts of land aggregating 4.4581 acres, more or less, and more fully described and shown on a plat by B. Aubrey Huffman & Associates, dated January 13, 1981, recorded in Deed Book 708, page 647. This is the same property conveyed to the party of the first part by Charles H. Wikel by the deed recorded in Deed Book 708, page 645. This conveyance had no effect on the development rights or status as separate parcels of record of the subject property of this determination. Deed Book 1625, page 579, dated July 14, 1997, conveyed 4.4581 acres from John A. Lawrence & Deborah A. Phillips to Rickie Bass Taylor. The property is described as consisting of three tracts of land aggregating 4.4581 acres, more or less, and more fully described and shown on a plat by B. Aubrey Huffman & Associates, dated January 13, 1981, recorded in Deed Book 708, page 647. This is the same property conveyed to the party of the first part by Patricia Anne Burke by the deed recorded in Deed Book 952, page 279. This conveyance had no effect on the development rights or status as separate parcels of record of the subject property of this determination. Deed Book 1699, page 691, dated April 22, 1998, conveyed 4.4581 acres from Rickie Bass Taylor to Samuel Beckett Taylor, Molly Malone Suzuke Taylor and Hilarie Bass as Custodian for Emma Grace Taylor under the Virginia Uniform Gift to Minors Act. The Grantor retained a Life Estate in the property. The property is described as consisting of three tracts of land aggregating 4.4581 acres, more or less, and more fully described and shown on a plat by B. Aubrey Huffman & Associates, dated January 13, 1981, recorded in Deed Book 708, page 647. This is the same property conveyed to the party of the first part by John A. Lawrence & Deborah A. Phillips by the deed recorded in Deed Book 1625, page 579. This conveyance had no effect on the development rights or status as separate parcels of record of the subject property of this determination. Deed Book 1853, page 221, dated August 16, 1999, conveyed 4.4581 acres from Samuel Beckett Taylor, Molly Malone Suzuke Taylor and Hilarie Bass as Custodian for Emma Grace Taylor under the Virginia Uniform Gift to Minors Act and Aaron J. Taylor as additional Grantor to Joseph M. Cochran & Pamela D. H. Cochran. The property is described as consisting of three tracts of land aggregating 4.4581 acres, more or less, and more fully described and shown on a plat by B. Aubrey Huffman & Associates, dated January 13, 1981, recorded in Deed Book 708, page 647. This is the same property conveyed to the party of the first part by Rickie Bass Taylor by the deed recorded in Deed Book 1699, page 691. The Life Estate reserved by Rickie Bass Taylor was extinguished upon her death on May 24, 1998. This conveyance had no effect on the development rights or status as separate parcels of record of the subject property of this determination. I:\DEMBUS\Determin of Parcel\71-37 I Cochran.doc Joseph Cochran March 26, 2003 Page 4 Based on this history, Tax Map 71, Parcel 37 I is determined to be comprised of three separate parcels of record. The parcels are nonconforming because they contain less than two acres. Each of these parcels is determined to have one (1) development right. These parcels can utilize these theoretical development rights only if all other applicable regulations can be met. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal that specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Reading File Ella Carey, Clerk to the Board of Supervisors. I:\DEPT\BCZS\Determin of Parcel\71-37 I Cochran.doc THO PLAT Am THAT nw Tln:.ws4n ANo wAui Of THc AulIW ARt tj�pYyN Mr� • ��+ �iT 1Mlp11 w c" I A fNUR ►. 0. [OrAROeI,I Cr.0L,e, C(Rf 1IICAT( M --- I roR Mop 1 / Parcel 4/ t1• 1 J O• J 0'! J' f J I J e J' re I.I t.9 05 • / t 4.456/ Acres O G . o Tor Mop 15 3 Parcel //2A \ t • ot \° 1 , /r@ROD a rOP mop 7/ `' •1 1A�/ • part*/ J7✓ ofb �°� g 1 Of ! �•0 � � J lP.. tl.o pretli n0 �� •'e tf g�pie. 1"• 20 + i = s r O R r r / v r f R A,► E P rREJ/OENCE t0.1 5 A Alorr, •Rope*rr wAv or sweirer m A AYr mo Access ro PARce[ 41 sheer n P H Y S I C A L S U R V E Y S B 0 U N 0 A R Y PL A T S H O w I N G P A R C E L S 37 I , 3 7 I (I) 8 41 A ON S H E E T 71 C 0 U N T Y TAX MAPS Dole t 1•4100, A L 8 E M A R L E COUNT Y, V I RGI N IA JaR.13, 1981 B. AUBREY HUFFMAN i ASSOCIATES, LTD, Oft E . LAW SUFMYN6 • L ve p,ANW4 WAPWWIO^Wk WON