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Home My WebLink AboutLOD200600001 Legacy Document 2006-05-12COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 February 15, 2006 Beth Powell Frank Hardy, Inc. 417 Park Street Charlottesville, VA 22902 Fax (434) 972-4126 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 6, Parcels 24 & 25B (Property of Donna R. Frantzen) Section 10.3.1 Dear Ms. Powell: 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 6, Parcel 24 has one (1) theoretical development right. Tax Map 6, Parcel 25B has two (2) theoretical development rights that are located within the bounds of the 5.302 -acre parcel shown on a plat of record in Deed Book 578, page 252. There are no development rights associated with the 26.2196 -acre tract shown on the plat of record in Deed Book 1078, page 485. The basis for this determination follows. Our records indicate Tax Map 6, Parcel 24 contains 2.1 acres and 1 semi-public structure. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2724, page 320. Our records indicate Tax Map 6, Parcel 25B contains 31.521 acres, 1 dwelling, 1 dwelling in a residential group structure and 2 semi-public structures. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2827, page 266. This analysis begins with an analysis of the deed of record in Deed Book 578, page 249 that this dated July 1, 1975. The deed conveyed 3 parcels from George E. Fisk to Kenneth R. Redden and Hebe R. Redden. The parcels are described as follows: First: A parcel containing 2.1 acres shown on a plat of R.O. Snow & Associates dated July 15, 1975 attached to this deed. Second: A parcel containing 5.302 acres shown on a plat of R.O. Snow & Associates dated July 18, 1975 attached to this deed. CAProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Beth Powell February 15, 2006 Page 2 Third: A parcel containing approximately 160 acres conveyed to the Grantor by the deed of record in Deed Book 409, page 418 after the off conveyance of Parcels A & B and a 30 -acre parcel by the deed of record in Deed Book 555, page 647. This deed established these 3 parcels as parcels of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book, 610, page 625 and dated December 14, 1076. The deed conveyed 4 parcels from Kenneth R. Redden and Hebe R. Redden to Louis R. Redden, George J. Redden, Francesca B. Redden and Bianca R. Colt. The first, second and third parcels are described as being the same parcels conveyed by the deed of record in Deed Book 578, page 249. The fourth parcel, containing 10 acres is not part of this determination. On the basis of this deed, the 160 -acre parcel is a parcel of record with five (5) development rights. Deed Book 675, page 41, dated July 5, 1979, conveyed 2 parcels from Louis Redden & Mary Jane Redden, George Redden & Jill Redden and Francesca Redden to Adventure Bound, Inc. The property is described as follows: First: A parcel containing 2.1 acres shown on a plat of R.O. Snow & Associates dated July 15, 1975 and recorded in Deed Book 573, page 251. Second: A parcel containing 5.302 acres shown on a plat of R.O. Snow & Associates dated July 18, 1975 and recorded in Deed Book 573, page 252. On the basis of this deed the 2.1 -acre parcel is a parcel of record with one (1) development right and the 5.302 -acre parcel is a parcel of record with two (2) development rights. Deed Book 1075, page 110, dated September 26, 1989, conveyed approximately 160 acres from George J. Redden, Louis R. Redden, Francesca B. Redden, and Bianca R. Colt to George M. Coles, Jr. The property is described as being a portion of the property conveyed to the Grantors by the deed of record in Deed Book 610, page 625, and therein numbered "Third." This transaction had no effect on the development rights of the 160 -acre parcel. Deed Book 1078, page 485, dated November 30, 1989, conveyed 26.2196 acres from George M. Coles, Jr. to Adventure Bound, Inc. The property is shown on a plat by Gary Whelan, C.L.S., dated November 14, 1989 and is further described as being a portion of the property conveyed by the deed of record in Deed Book 1075, page 110. The plat notes that the subject parcel is to be added to and become a part of T.M. 6 — 25B. The plat notes that no division rights are transferred with the 26.2196 acres. The plat notes the residue contains 134 acres. The plat also notes that T.M. 6 — 25 is to be added to and become a part of T.M. 6 — 40 and that Parcel 40 contains 152 acres. This transaction had no effect on the 2.1 -acre parcel designated as T.M. 6-24. T.M. 6-25 B, containing 31. 521 acres is comprised of the original parcel of record CAProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Beth Powell February 15, 2006 Page 3 containing 5.302 acres and the 26.2196 -acre portion of the original Parcel 25. The new parcel, designated as Parcel 25B contains two (2) development rights within the original 5.302 -acre parcel. There are zero development rights associated with the 26.2196 -acre portion of this parcel. Deed Book 1263, page 562, dated October 20, 1992, conveyed 3 parcels from Adventure Bound, Inc. to Julie E. Hughens, Sharon Custer Love and Donna R. Frantzen. Parcel One is described as containing 2.1 acres and by reference to Deed Book 578, page 251. Parcel Two is described as containing 5.302 acres and by reference to Deed Book 578, page 252. Parcel Three is described as containing 26.2196 and by reference to 1078, page 488. This transaction had no effect on the development rights of the 2 parcels. Deed Book 1453, page 658, dated January 9, 1995 contains a deed of Assumption. The deed conveyed percentages of interest in 3 parcels from Julie E. Hughens, Sharon Custer Love and Donna R. Frantzen to, Sharon Custer Love and Donna R. Frantzen, Phyllis Lynne Colman and Deborah Anne Atno-Shelton. The 3 parcels are separately described as containing 2.1 acres, 5.302 acres and 26.2196 acres are further described as being the same parcels conveyed to the Grantors by the deed of record in Deed Book 1263, page 562. This transaction had no effect on the development rights of the 2 parcels. Deed Book 2724, page 320, dated July 2, 2002, conveyed all of the interest in 3 parcels of Sharon Custer -Boggess (formerly Sharon Custer Love) to Pamela Bosworth. The property is described as being the same as was conveyed by the deed of record in Deed Book 1463, page 658. This transaction had no effect on the development rights of the 2 parcels. Deed Book 2734, page 29, dated April 14, 2004, conveyed 3 parcels from Sharon Custer Boggess, Donna R. Frantzen and Deborah Anne Atno-Shelton to Donna R. Frantzen.. The 3 parcels are separately described as containing 2.1 acres, 5.302 acres and 26.2196 acres are further described as being the same parcels conveyed by the deed of record in Deed Book 1453, page 658. Deed Book 2827, page 266, dated April 7, 2004, conveyed all of the interest in 3 parcels from Pamela Bosworth to Donna R. Frantzen. The property is described as being the same as was the subject of deed of record in Deed Book 2724, page 320. This transaction had no effect on the 2 parcels. The parcel is 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. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. C:\ProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Beth Powell February 15, 2006 Page 4 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. I am enclosing copies of two letters from Amelia McCulley, Zoning Administrator to Donna Frantzen, one dated November 22, 2004 and the other March 2, 2005. The letters describe issues regarding the dwellings and flood plain located on this property. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Donna Frantzen 6656 Mountain Light Place Crozet, VA 22932 Enclosed: Plat showing 2.1 -acre parcel Plat showing 5.302 -acre parcel Plat showing 26.2196 -acre parcel combined with a total of 7.402 acres Letter dated November 22, 2004 Letter dated March 2, 2005 CAProgramData\U nityECM\OldDocImporter\localcopy.doc