HomeMy WebLinkAboutSUB201900054 Correspondence Letter of Determination 2017-12-29LJRGIN��'
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 29, 2017
John R. Thach, Trustee of
The Collett M. Thach Trust and
The Edith C. Thach Trust
c/o Hantzmon Wiebel
P. O. Box 1408
Charlottesville, VA 22902
RE: LOD2017-00026 - OFFICIAL DETERMINATION OF PARCELS OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 57, Parcel 72 (Property of Collett M, Thach Trust and
Edith C. Thach Trust) Samuel Miller Magisterial District
Dear Mr. Thach:
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 57, Parcel
72 is comprised of nine (9) parcels of record, with a total of twenty-eight (28) theoretical
development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 57 Parcel 72
contains 176.37 acres and one (1) dwelling. The properties are zoned RA, Rural Areas.
The most recent deed for Tax Map 57 Parcel 72, recorded prior to December 10, 1980, the
date of adoption of the Zoning Ordinance, is recorded in Deed Book 344, page 464 dated
December 1, 1958.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (161.2ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
344 / 454
12/01/1958
N
`...all of a certain tract or parcel of land... containing 161.2
161.2
acres according to a survey and plat thereof made by J. E.
Barnett, C.E., dated November, 1958, hereto attached..."
This deed goes on the list nine separate tracts, the second
one containing two lots, and their Deed Book and page
origins. This Deed establishes the ten (10) lots of record.
These are described in the nine separate chains that
follow.
December 29, 2017
LOD-2017-00026
Page 2 of 5
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (1.45ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
120 / 44
01/15/1894
N
"...that lot of land... containing one (1.45) acre and forty-fifths
1.45
part of one acre..." This deed establishes the 1.45 acre lot
as a separate lot.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (5.0 & 2.5ac lots)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
120 / 209
06/10/1901
N
"All of that certain tract or parcel of land in Albemarle County,
5.0 &
Va., containing five acres more or less... Secondly, all of that
2.5
certain tract or parcel of land in Albemarle County, Va.,
containing two and one half acres..." This deed establishes
the 5 acre and 2.5 acre lots as separate lots.
197 / 16
05/13/1927
N
"said 7 8/10 acres ...conveyed to E. W. Wood... June 10,
5.0 &
1901... in D.B. 120 p. 209..." This deed had no effect on the
2.5
two lots.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (5.5ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
123 / 5
05/06/1902
N
"...interest in (5 1/) five and one half acres of land..." This
5.5
deed establishes the 5 1/2 acre lot as a separate lot.
145 / 263
04/03/1911
N
"...interest in (5 %2) five and one half acres of land..." This
5.5
deed had no effect on the lot.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (5.8ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
197 / 16
05/13/1927
N
"convey... unto L. E. Evans... one (tract) containing 5 8/10
5.8
acres..." This deed establishes the 5 8/10 acre lot as a
separate lot.
December 29, 2017
LOD-2017-00026
Page 3 of 5
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (55.5ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
142 / 286
04/07/1910
N
"...all that certain tract or parcel of land... containing 55'h acres
55.5
according to plat of survey made by Hugh F. Simms, as
aforesaid, dated Mar, 1910, and recorded with this deed..."
This deed establishes the 55 1/2 acre lot as a separate lot.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (25.25ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
152 / 178
04/11/1913
N
"...certain tract or parcel of land... in the plat and survey of
25.25
same made by Hugh F. Simms, dated March, 1913, which
plat is attached to this deed... containing 25 % acres."
This deed establishes the 25 1/4 acre lot as a separate
lot.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — 0.7ac
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
166 / 451
11/16/1915
N
"a triangular shaped piece of land, containing by survey..7/10
0.7
acre..." This deed establishes the 0.7 acre lot as a separate
lot.
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (32.155ac)
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
96 / 334
01/19/1861
N
"...the parcel of land... contains thirty-two acres, three roods
and thirty-five poles..." This deed establishes the 32+ acres
32.968"
as a separate lot.
*based on calculation of roods and poles.
169 / 459
02/06/1918
Y
"...all of that certain lot, tract, or parcel of land... containing
32.155
32.155 acres, more or less..." This deed had no effect on
the lot other than to specify a new specific acreage.
169 / 461
03/27/1919
N
"...all of that certain tract, or parcel of land... containing 32.155
32.155
acres..." This deed had no effect on the lot.
172 / 527
03/16/1920
N
"...all of that certain tract, or parcel of land... containing 32.155
32.155
acres..." This deed had no effect on the lot.
December 29, 2017
LOD-2017-00026
Page 4 of 5
PRIOR TO DECEMBER 10, 1980
TMP 57-72 — (31.0ac)
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
130 / 117
09/19/1904
N
"...all that certain tract or parcel of land... containing 31 acres
more or less... This deed establishes the 31 acres as a
31.00
separate lot.
147 /159
07/01/1911
N
"...all that tract of land containing thirty one acres more or
31.00
less..." This deed had no effect on the lot.
171 / 77
02/16/1918
N
"...all of that certain tract or parcel of land... containing thirty
31.00
one (31) acres more or less..." This deed had no effect on
the lot.
277 / 241
01/05/1948
N
"...all that certain tract or parcel of land... containing thirty one
31.00
(31) acres, more or less..." This deed had no effect on the
lot.
AFTER DECEMBER 10, 1980
TMP 57-72 — (176.37ac)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
922 / 728
02/24/1987
Y
"All that certain lot or parcel of land consisting of 5.036
161.2
acres, more or less... shown on a plat of R. O. Snow, Inc.
-5.036
dated October 17, 1986, which is attached to, made a part of,
156.164
and recorded with this deed. Being a portion of the same
property conveyed... in Deed Book 344, page 464." This
deed reduced the total amount of land in the residue to
156.164 acres, utilized the .7 acre parcel from the Deed
Book 166, page 451 and retained four (4) division rights.
4698 / 725
11/24/2015
Y
This is a deed of exchange, which, among other things,
156.164
added 20.21 acres to the main Thach tract, TMP57, parcel
+20.21
72, bringing the grand total to 176.374 acres. This deed
176.374
resulted in the current total acreage of 176.37 for Tax
Map 57, parcel 72.
On the basis of these deeds
Tax Map 57, Parcel 72 is determined to be nine (9) parcels of record as follows:
one comprised of approximately 1.45 acres+'-, containing 1 development right;
one comprised of approximately 5.0 acres+'-, containing 2 development rights;
one comprised of approximately 2.5 acres+'-, containing 1 development right;
one comprised of approximately 5.5 acres+'-, containing 2 development rights;
one comprised of approximately 5.8 acres+'-, containing 2 development rights;
one comprised of approximately 55.5 acres+'-, containing 5 development rights;
one comprised of approximately 25.25 acres`-, containing 5 development rights;
one comprised of approximately 32.155 acres"-, containing 5 development rights; and
one comprised of approximately 31 acres`-, containing 5 development rights.
December 29, 2017
LOD-2017-00026
Page 5 of 5
The parcels are entitled to the noted development rights if all other applicable regulations can
be met. These development rights may only be utilized within the bounds of the original parcel
with which they are associated. 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.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $258 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.orq/cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
If you have any qu , p ease ontact me.
Sincerely = -
- -7
Ro ar�ll-L'Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Attachment: Map delineating parcels of record.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Claudette Borgerson , Clerk of the Board of Supervisors
SKETCH SHOWING
CONFIGURATION OF PARCELS
WHICH MAKE UP TAX MAP 57 PARCEL 72
LIS
GRAPHIC SCALE 1"=500'
500 1000
ROGER W. RAY & ASSOC.,
663 BERKMAR COURT
CHARLOTTESVILLE, VIRGINIA
LAND SURVEYORS LANE
434-293-3195
f.N. 57-72A
VEVED OUT
?2-728, 730 PLAT
I DEV. RIGHT
1C .
152 PLAT
INC
22901
PLANNERS