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HomeMy WebLinkAboutLOD200400019 Legacy Document 2007-12-11�o� arm t "r12G11s1�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 8, 2004 James B., Jr. and Louise H. Helvin 599 Long Branch Ivy Lane Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 73, Parcel 27 (Property of James B. Helvin, Jr. and Louise H. Helvin) Section 10.3.1 Dear Mr. and Ms. Helvin: 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 73, Parcel 27 is a single lot of record with two (2) development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 73, Parcel 27 contains 5.679 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2658, page 508. This analysis begins with Deed Book 388, page 219, dated April 4, 1963. This deed contains a plat by O. R. Randolph that shows the 1.6 acre parcel. The plat was approved by the County. This deed established this 1.6 -acre parcel as a lot of record. Deed Book 433, page 579, dated July 28, 1967 conveyed 3.4 acres from Irving Berman & Betty Berman and George H. Hurwitz & Tessie Hurwitz to Eugene G. Link & Patricia S. Link. The property is described, in part, as two certain lots or parcels of land, known and designated as Lot A and B on a plat by William S. Roudabush, Jr., dated July 18, 1967. The plat is attached to the deed. Lot A contains 3.212 acres and Lot B contains 0.188 acres. The plat is titled: "Plat Showing Parcels A and B Aggregating 3.40 Acres, To Be Acquired By Eugene G. Link From Irving Berman and George H. Hurwitz." At the time this plat was recorded the Subdivision Ordinance that was amended and reenacted on March 15, 1962 defined a subdivision as follows: CAP rogram Data\U nityECM \OldDoclmporter\localcopy.doc James B., Jr. and Louise H. Helvin September 8, 2004 Page 2 For property Iyin_g in Albemarle County: but 3 miles or more from the corporate limits of the City of Charlottesville: The division of a lot, tract or parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future of sale and of building development. Division of land into lots of 3 acres or more not involving the establishment of a new street or access easement or the division of land for agricultural purposes only, shall be exempt from these regulations. Taking into account the 1962 Subdivision Ordinance, it is determined that this transaction was a boundary adjustment for agricultural purposes only, not a subdivision that created Parcels A and B as separate Lots of record. Lot A and Lot B are shown on the plat only to indicate the metes and bounds as well as the acreage of the land that was transferred from the Berman and Hurwitz tract and added to the Link property. The plat distinguishes between the existing property lines shown with a light line weight and the new perimeter line using a heavier line weight showing the entire tract as one parcel. It is also noted that neither Lot A nor Lot B is provided access to Route 637. The finding that the land was conveyed for agricultural purposes rather than building development purposes is further supported by the fact that the plat was not signed by the County. This would have been the standard procedure for the recordation of exempt plats in 1967. The fact that these portions of land were identified as lots or parcels in the deed does not establish them as lots of record. They are comparable to well lots, cemeteries, narrow access lots, etc. that were created in the past for special purposes. The Zoning Administrator has consistently determined that such special purpose lots do not have development rights. The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 459, page 453. This deed, dated June 12, 1969 conveyed certain parcels from Henry B. Gordon & Charles R. Haugh to James B. Helvin, Jr. & Louise H. Helvin. The deed states that the parties of the first part acquired the property from Eugene G. Link and Patricia S. Link by the deed recorded in Deed Book 435, page 339. The parcels are described, in part, as follows. 1. A certain lot or parcel containing 1.60 acres shown on a plat recorded in Deed Book 388, page 255; and being one of the parcels conveyed to the parties of the first part by the deed dated October 10, 1967 in Deed Book 435, page 339. CAP rogram Data\U nityECM \OldDoclmporter\localcopy.doc James B., Jr. and Louise H. Helvin September 8, 2004 Page 3 2. All those certain lots or parcels of land containing 3.212 acres and 0.188 acres, respectively, known and designated as Lots A and B as shown on a plat recorded in Deed Book 433, page 583; and being a portion of the property conveyed to the parties of the first part by the aforementioned deed dated October 10, 1967. On the basis of this deed, Deed Book 388, page 219 and Deed Book 433, page 583 Tax Map 73, Parcel 27 is determined to be a single parcel with two (2) development rights. Deed Book 2658, page 508, dated November 29, 2003, conveyed a strip of land containing 0.181 acres from Pounding Brook, L.L.C. to James B. Helvin, Jr. The property is shown as Parcel X on a plat by Trueline II Surveying captioned "Plat Showing Retriever Run Subdivision Along With The Combining of Parcel X To TMP 73- 27 From TMP 73 -27G." The plat shows the acreage of Parcel 27 to be 5.579 acres. This transaction had no effect on the development rights of the parcel. These development rights may be utilized 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. 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 Copies: Gay Carver, Real Estate Department, Reading File CAP rogram Data\U nityECM \OldDoclmporter\localcopy.doc