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Home My WebLink AboutLOD200500026 Legacy Document 2006-06-07COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 21, 2005 Lori H. Schweller LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 29, Parcels 63, 63A and 63B (Property of Horseshoe Farm, Inc.) Section 10.3.1 Dear Ms. Schweller: 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 29, Parcel 63 contains five (5) development rights, Parcel 63A contains five (5) development rights and Parcel 63B contains five (5) development rights. The basis for this determination is provided below. Our records indicate Tax Map 29, Parcel 63 contains 10.001 acres and no dwellings. The property is in the Moorman's River Agricultural and Forestal District. The most recent deed for this property is recorded in Deed Book 1645, page 503. Our records indicate Tax Map 29, Parcel 63A contains 195.740 acres and two dwellings. The property is in the Moorman's River Agricultural and Forestal District. The most recent deed for this property is recorded in Deed Book 1645, page 503. Our records indicate Tax Map 29, Parcel 63B contains 22.285 acres and one dwelling. The property is in the Moorman's River Agricultural and Forestal District. The most recent deed for this property is recorded in Deed Book 1862, page 16. The most recent deed for Parcel 63B recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 494, page 175 and is dated August 2, 1971. This deed conveyed 22.785 acres from John H. Russell and Constance B. Russell to Paul B. Russell. The parcel is shown on a plat dated June 10, 1971 by B. Aubrey Huffman and Associates that is attached to this deed. On the basis of this deed, it is determined that Parcel 63113, containing 22.785 acres is a lot of record with five (5) development rights. CAProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Lori H. Schweller September 21, 2005 Page 2 The most recent deed for Parcels 63 and 63A recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 673, page 564 and is dated June 8, 1979. This deed conveyed 205.741 acres from David E. Stainton and Virginia H. Stainton to Lester V. Laurion and Helen S. Laurion. The property is described as being shown on two plats showing adjoining parcels of land containing 195.74 acres and 10.001 acres, respectively, prepared by T. W. Saunders and R. O. Snow & Associates recorded in Deed Book 334, page 576 and Deed Book 443, page 30A, respectively. On the basis of this deed, it is determined that Parcel 63, containing 10.001 acres is a lot of record with five (5) development rights and Parcel 63A, containing 195.74 acres is a lot of record with five (5) development rights and Deed Book 739, page 137, dated May 17, 1982, conveyed 205.741 acres from Lester V. Laurion and Helen S. Laurion to H. B. Alexander and Ann P. Alexander. The property is described by reference to the deed of record in Deed Book 673, page 564. This transaction had no effect on the development rights of Parcel 63 or Parcel 63A. Deed Book 1085, page 527, dated December 21, 1989, conveyed 22.785 acres from Paul B. Russell, Jr. to Jane N. Russell. The property is described by reference to the deed of record in Deed Book 494, page 175. This transaction had no effect on the development rights of Parcel 63113. Deed Book 1085, page 531, dated December 21, 1989, conveyed 22.785 acres from Jane N. Russell to Ann Pendleton Alexander. The property is described by reference to the deed recorded just prior hereto. This transaction had no effect on the development rights of Parcel 63113. Deed Book 1099, page 569, dated May 7, 1990, conveyed 3 parcels from Ann Pendleton Alexander individually to the Ann Pendleton Alexander Trust. Parcel One is described as containing 195.74 acres and 10.001 acres and as being the same land conveyed by the deed of record in Deed Book 739, page 137. Parcel Two is described as containing 22.785 acres and as being the same land conveyed by the deed of record in Deed Book 1085, page 531. This transaction had no effect on the development rights of Parcel 63, 63A or 63B. Deed Book 1279, page 272, dated December 14, 1992, conveyed 3 parcels from the Ann Pendleton Alexander Trust to The Horseshow, LTD. The parcels are described as being the same land conveyed by the deed of record in Deed Book 1099, page 569. This transaction had no effect on the development rights of Parcels 63, 63A or 63113. Deed Book 1305, page 1, dated April 28, 1993, conveyed 22.785 acres from The Horseshow, LTD to Kathleen G. Smith. The land is described by reference to the plat of record in Deed Book 1085, page 529 and as being the same land identified as Parcel C:\ProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Lori H. Schweller September 21, 2005 Page 3 Two in the deed of record in Deed Book 1279, page 272. This transaction had no effect on the development rights of Parcel 6313. Deed Book 1579, page 393, dated November 19, 1996, conveyed 22.785 acres from Kathleen G. Smith to Eben Putnam Smith and Kathleen G. Smith. The land is described as being the same land that was conveyed to the Grantor by the deed of record in Deed Book 1305, page 1. This transaction had no effect on the development rights of Parcel 6313. Deed Book 1645, page 503, dated September 15, 1997, conveyed 205.741 acres from The Horseshow, LTD to Horseshoe Farm, Inc. The property is described as Parcel One. containing 195.74 acres and 10.001 acres and as being the same land conveyed by the deed of record in Deed Book 1279, page 272. This transaction had no effect on the development rights of Parcel 63 or 63A. Deed Book 1862, page 16, dated September 23, 1999, conveyed 22.785 acres from Eben Putnam Smith and Kathleen G. Smith to Horseshoe Farm, Inc. The property is described by reference to Deed Book 1579, page 393. This transaction had no effect on the development rights of Parcel 6313. These parcels are entitled to the noted 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, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make. 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 $120.00. 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 C:\ProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Lori H. Schweller September 21, 2005 Page 4 Copy: Gay Carver, Real Estate Supervisor Reading File: T.M. 29 - 63, 63A & 63B CAProgramData\U nityECM\OldDocImporter\localcopy.doc