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Home My WebLink AboutLOD200300028 Action Letter 2003-03-03COUNTY 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 3, 2003 Brian Ray 1717 Allied Street, Suite 1-6 Roger Ray & Assoc., Inc. Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 31, Parcels 23, 23D, 23H & 23J (Property of Mary Jane Chisholm, Trustee) Section 10.3.1 Dear Mr. Ray: 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 31, Parcel 23 is a parcel of record with five (5) development rights. Parcel 23D is comprised of two (2) separate parcels of record. Each of these parcels has five (5) development rights. Parcel 23H is a parcel of record with one (1) development right. Parcel 23J is a parcel of record with one (1) development right. The basis for this determination is summarized as follows. Our records indicate Tax Map 31, Parcel 23 contains 545.021 acres and 3 single family dwellings, I mobile home and 3 commercial retail structures. The property is in the Jacobs Run Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. A portion of this parcel is zoned Light Industry, LI. No development rights are associated with this area of the property. Our records indicate Tax Map 31, Parcel 23D contains 49.140 acres and no dwellings. The property is in the Jacobs Run Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 31, Parcel 23H contains 2.629 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 1720, page 377. I:\DEPT\BCZS\Determin of Parcel\31-23 Chisholm Trust.doc Mary Jane Chisholm, Trustee March 3, 2003 Page 2 Our records indicate Tax Map 31, Parcel 23J contains 2.98 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. This determination begins with the deed dated April 14, 1950 and recorded in Deed Book 288, page 407. This conveyed land estimated to contain about 700 acres from E. D. Tayloe & Elizabeth H. Tayloe to Edward Morris Chisholm. The property is described as being in all respects the same property conveyed to E. D. Tayloe by Deed Book 151, page 234. One half an acre for a graveyard was excepted from this conveyance. Deed Book 290, page 241, dated June 14, 1950 conveyed 134 acres, more or less, from Edward Morris Chisolm & Mary Jane Chisholm to John R. Morris. The property is described as being a portion of the tract of land containing 700 acres conveyed in Deed Book 288, page 407. As a result of this transaction the residue of what is now identified as Parcel 23 contained approximately 566 acres. The 134 acre tract is now identified on Tax Map 31 as Parcel 23A. Deed Book 304, page 487, dated March 2, 1953 conveyed two parcels of land from Edward Morris Chisholm & Mary Jane Chisholm to the City of Charlottesville and the County of Albemarle. The property is described, in part, as follows: (1) A parcel containing approximately 1.50 acres, designated as Parcel A on a plat by O. R. Randolph, dated February 25, 1953. (2) A parcel containing approximately 13.87 acres, designated as Parcel B on a plat by O. R. Randolph, dated February 25, 1953. This deed also conveyed a perpetual flight easement over a 20.49-acre portion of Parcel 23. As a result of this transaction the residue of what is now identified as Parcel 23 contained approximately 550.63 acres. Deed Book 339, page 398, dated April 15, 1958 conveyed two certain tracts or parcels of land from Bellemoore Realty Corporation to Edward Morris Chisholm & Mary Jane Chisholm. The property is described as Tract D1 containing 35.76 acres and Tract D2 containing 13.38 acres. The parcels are shown on a plat by A. R. Sweet and Associates, dated April 8, 1958 and recorded in Deed Book 339, page 396. Tract D1 and D2 are shown as one (1) parcel identified as Parcel 23 D on Tax Map 31. These parcels are not adjacent to one another. On the basis of this deed and plat, it is determined that Parcel 23D consists of two separate parcels of record- Tracts D1 and D2. Each of these parcels has five (5) development rights. I:\DEPT\BCZS\Determin of Parcel\31-23 Chisholm Trust.doc Mary Jane Chisholm, Trustee March 3, 2003 Page 3 Deed Book 670, page 412, dated April 23, 1979 conveyed 2.629 acres from Edward Morris Chisolm & Mary Jane Chisholm to Mary Jane Chisholm Tyler. The property is shown on a plat by Kurt Gloeckner, dated October 24, 1978. This parcel is identified as Parcel 23H on Tax Map 31. As a result of this transaction the residue of what is now identified as Parcel 23 contained approximately 548.001 acres. On the basis of this deed, Parcel 23H is determined to be a parcel of record with one (1) development right. The most recent instrument for this Parcel 23 and Parcel 23J recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is in Deed Book 705, page 60. This is a certificate of plat dated November 15, 1980. The plat by Roger W. Ray, dated July 17, 1980 shows a survey of 2.98 acres described as being a portion of the same land acquired by the said E. Morris Chisolm property on April 14, 1950 by the deed recorded in Deed Book 288, page 407. As a result of this transaction, the residue of Parcel 23 contained 545.021 acres. This 2.98-acre parcel is identified as Parcel 23J on Tax Map 31. On the basis of this plat, Parcel 23 is a parcel of record with five (5) development rights and Parcel 23J is a parcel of record with one (1) development right. Deed Book 887, page 483, dated March 1, 1986 conveyed 2.269 acres from Jane Ann Chisholm Tyler to E. Morris Chisholm. The parcel is more particularly described on the plat by Kurt Gloeckner dated October 24, 1978 that is recorded in Deed Book 670, page 414. This is identified as Parcel 23H. This transaction had no effect on the development rights of this parcel. Deed Book 1395, page 726, dated April 4, 1994, conveyed several tracts of land from Mary Jane Chisholm, Executor of the Estate of Edward Morris Chisholm to Mary Jane Chisholm. Among the tracts are the following: TRACT FIVE: [23H] A certain parcel 2.629 acres shown on the Kurt Gloeckner plat recorded in Deed Book 670, page 414. TRACT SIX: [23D] Those two certain tracts shown as D1 containing 35.76 acres and Tract D2 containing 13.38 acres shown on the A.R. Sweet plat recorded in Deed Book 339, page 398. TRACT SEVEN: [23J] A certain tract containing 2.98 acres shown on a plat by R. O. Snow and R. W. Ray recorded in Deed Book 705, page 61. I:\DEMBUS\Determin of Parcel\31-23 Chisholm Trust.doc Mary Jane Chisholm, Trustee March 3, 2003 Page 4 TRACT EIGHT: [23] That certain tract containing about 700 acres, less and except one- half acre reserved for a graveyard, and being the same land conveyed to Edward Morris Chisholm by the deed recorded in Deed Book 288, page 407, less and except the following off conveyances: (1) A tract containing 134 acres by deed recorded in Deed Book 290, page 241. (2) Two tracts containing 1.50 and 13.87 by deed recorded in Deed Book 304, page 487. (3) A parcel containing 2.629 acres by deed recorded in Deed Book 670, page 412. (4) A parcel containing 2.98 described as TRACT SEVEN herein. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination Deed Book 1720, page 377, dated June 18, 1998, conveyed the same property described in Deed Book 1395, page 726 from Mary Jane Chisholm to Mary Jane Chisholm, Trustee under the Mary Jane Chisholm Declaration of Trust dated May 16, 1994. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Based on this history, Tax Map 31, Parcels 23 is determined to be a parcel of record with five development rights. Parcel 23D is determined to be comprised of two (2) separate parcels of record. Each of these two parcels contains five development rights. Parcel 23H is determined to be a separate parcel of record with one development right. Parcel 23J is determined to be a separate parcel of record with one development right. These parcels can utilize these development rights if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty-one acres allowed to be created by right. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, 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 which 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. Sincere John Shepherd Manager of Zoning Administration I:\DEMBUS\Determin of Parcel\31-23 Chisholm Trust.doc Mary Jane Chisholm, Trustee March 3, 2003 Page 5 Copies: Gay Carver, Real Estate Department Reading File Ella Carey, Clerk to the Board of Supervisors Mary Jane Chisholm, Trustee 3260 Earlysville Road Earlysville, VA 22936 I:\DEPT\BCZS\Determin of Parcel\31-23 Chisholm Trust.doc