The URL can be used to link to this page

Home My WebLink AboutLOD200500048 Legacy Document 2006-06-07o� arm -,z JAL COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 5, 2006 Hugh C. Motley or Kathleen B. Motley P.O. Box 32 Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 66, Parcel 3 (Property of Hugh C. Motley or Kathleen B. Motley) Section 10.3.1 Dear Mr. and Mrs. Motley: 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 66, Parcel 3 has one (1) theoretical development right. The basis for this determination follows. Our records indicate Tax Map 66, Parcel 3 contains 36.6 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 898, page 534. This transaction begins with the deed of record in Deed Book 498, page 176. This deed conveyed 2 parcels from Gwendolen Ella Rives to Otto G. Stolz and Jill V. Stolz. The property is described as being a portion of the farm known as "Linden Lane," and containing in the aggregate 161.27 acres. The property is further described as Parcel A, containing 160.33 acres and Parcel B containing 0.94 acres on a plat by Warren F. Wade, dated October 1, 1971. This deed established these two tracts 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 697, page 551 and dated July 29, 1980. The deed conveyed 31.15 acres from Otto G. Stolz and Jill V. Stolz to Hugh C. Motley or Kathleen B. Motley. The property is shown on a plat by William S. Roudabush, Jr., C.L.S that is dated July 9, 1980. This parcel is designated as Parcel 3C on Tax Map 66. On the basis of this transaction the residue of the 160.33 -acre parcel is determined to be a parcel of record with five (5) development rights. Deed Book 864, page 476, dated January 7, 1986, conveyed 127.214 acres from Otto G. Stolz and Jill V. Stolz to Ross W. Krumm, Trustee of the Cash Corner Land Trust. The property is shown on a plat by William S. Roudabush, Jr., C.L.S that is dated April 4, 1985. The property is further described as Parcel A, containing 126.245 acres and CAProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Hugh C. Motley or Kathleen B. Motley January 5, 2006 Page 2 Parcel B containing 0.969 acres. The property is also identified as being the remaining portion of the property conveyed to the Grantor by the deed of record in Deed Book 498, page 176. This transaction had no effect on the development rights of these two parcels. Deed Book 898, page 534, dated September 2, 1986, conveyed 127.214 acres from Ross W. Krumm, Trustee of the Cash Corner Land Trust to Hugh C. Motley or Kathleen B. Motley. The property is shown on a plat by William S. Roudabush, Jr., C.L.S that is dated April 4, 1985. The property is further described as Parcel A, containing 126.245 acres and Parcel B containing 0.969 acres. The property is also identified as being the same property that was conveyed by the deed of record in Deed Book 864, page 476. This transaction had no effect on the development rights of these two parcels. Deed Book 930, page 293, dated March 9, 1987, conveyed 11.750 acres from Hugh C. Motley or Kathleen B. Motley to Charles A. Hopkins and Phyllis M. Hopkins. The property is identified as Parcel Y on a plat by Roudabush, Gale and Assoc., Inc. that is dated February 2, 1987. Parcel Y includes the 0.969 -acre parcel identified above as Parcel B. The plat notes that the residue of Parcel 3 will have 3 development rights. As a result of this transaction, the 115.464 -acre residue of Parcel 3 contained 3 development rights. Deed Book 1023, page 591 contains a Certificate of Plat recorded on October 31, 1988. The plat by R. O. Snow, Certified Land Surveyor, dated March 16, 1988 shows a 15.00 - acre parcel. The certificate identifies the tract as a portion of the property acquired by Hugh C. Motley or Kathleen B. Motley by the deed of record in Deed Book 898, page 534. The plat notes that the residue may be further divided into 2 lots of less than 21 acres. As a result of this transaction, the 100.464 -acre residue of Parcel 3 contained 2 development rights. Deed Book 1227, page 486, dated November 21, 1988, conveyed 15.00 acres from Hugh C. Motley and Kathleen B. Motley to William A. Buchanan and Kathleen K. Buchanan. The property is described as the parcel shown on the plat by R. O. Snow, dated March 16, 1988 and of record in Deed Book 1023, page 591. This transaction had no effect on the development rights of the 100.464 -acre residue of Parcel 3. Deed Book 1438, page 527, dated October 17, 1994, conveyed 25.014 acres from Hugh C. Motley or Kathleen B. Motley to John Henry Jordan and Jennifer M. Jordan. The parcel is designated as Parcel A on a plat by Thomas B. Lincoln, dated May 24, 1994. The deed identifies the tract as a portion of the property acquired by Hugh C. Motley or Kathleen B. Motley by the deed of record in Deed Book 898, page 534. The plat notes that the residue of TMP 66-3 may be further divided into 2 lots of less than 21 acres. As a result of this transaction, the 75.45 -acre residue of Parcel 3 contained 2 development rights. Deed Book 1648, page 697, dated October 10, 1997, conveyed two parcels from Hugh C. Motley or Kathleen B. Motley to Daniel J. Hoag and Tami D. Hoag. The parcels are identified as follows: C:\ProgramData\U nityECM\O Id Doc I m porter\localcopy. doc Hugh C. Motley or Kathleen B. Motley January 5, 2006 Page 3 1. The 31.15 -acre parcel conveyed to the Grantors by the deed of record in Deed Book 697, page 551. (This is T.M. 66-3C) 2. The 38.850 -acre parcel shown on a plat by Thomas B. Lincoln, dated October 6, 1997. The deed identifies the tract as a portion of the property acquired by Hugh C. Motley or Kathleen B. Motley by the deed of record in Deed Book 898, page 534. The plat notes that the 36.6 -acre residue of T.M. 66-3 may be further divided into 1 lot of less than 21 acres in size. As a result of this transaction, the 36.6 -acre residue of Parcel 3 contained 1 development right. The parcel is entitled to the noted development right if all other applicable regulations can be met. This development right may only be utilized within the bounds of the original parcel with which it is associated. This development right is theoretical in nature but does represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lot, the parcel may create one parcel containing a minimum of twenty-one acres. 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. Sincerely, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor McChesney Goodall, ACE Coordinator TM/P ACREAGE DEVELOPMENT RIGHTS DIVISION RIGHTS @ 21 ACRES 66-3 36.6 1 1 CAProgramData\U nityECM\OldDocImporter\localcopy.doc