HomeMy WebLinkAboutLOD201100014 Action Letter 2013-05-14COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 14, 2013
Charles Frankfurt
827 Campbell Rd
Keswick VA 22947
RE: LOD2011-00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 82, Parcels 3, 3A, 313, 3C, & 3D (Property of CHARLES
AND ELFI FRANKFURT) Rivanna Magisterial District CORRECTED
Items in BOLD and Underlined are the corrected notations
Dear Mr. Frankfurt:
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 82, Parcels
3, 3A, 3B, 3C, & 3D are each parcels of record with a total of twelve (12) theoretical
development rights. The basis for this determination follows.
Our records indicate Tax Map 82 Parcel 3 contains a total of 100.272 acres" and two (2)
dwellings, Parcel 3A, contains a total of 5.061 acres and zero (0) dwellings, Parcel 3B
contains a total of 5.003 acres and zero (0) dwellings, Parcel 3C contains a total of 26.842
acres and zero (0) dwellings, and Parcel 3D contains a total of 23.116 acres and zero (0)
dwellings. The properties are zoned RA, Rural Areas.
The most recent deed for this property, recorded prior to December 10, 1980, the date of
adoption of the Zoning Ordinance, is recorded in Deed Book 629, page 544 and is dated August
15, 1977.
AFTER DECEMBER 10, 1980 (TMP 82-3)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Per deeds
and/or plats
Development
Rights
1039 / 297
03/03/1989
N
A certain tract of contiguous parcels
TRACT 1
containing 170ac more or less, being made
157.4ac
up of five separate parcels, TRACT 1 - 157.4
TRACT 2
ac parcel more or less, TRACT 2 - a strip of
30' X 1279'
land 30' wide by 1279' long, TRACT 3 - a
TRACT 3
strip of land 30' wide by 379' long, TRACT 4
30' X 379'
- a 6 acre parcel more or less, and TRACT 5
TRACT 4
- a 6 acre parcel more or less.
6.Oac
TRACT 5
6.Oac
Y
OFFICIAL DETERMINATION OF NUMBER
TRACT 1
5
02/22/1993
OF PARCELS is completed. This
157.4ac
determination identified Tax Map 82 Parcel 3
TRACT 2
1
as five separate tracts. A 157.4 acre parcel,
30' X 1279'
May 14, 2013
LOD-2011-00014 - Corrected
Page 2 of 4
a strip of land 30' wide by 1279' long, a strip
of land 30' wide by 379' long, a 6 acre parcel,
TRACT 3
1
and an additional 6 acre parcel. This
30' X 379'
determination also stated that even though
TRACT 4
3
TRACTS 2 & 3 are parcels of record and
6.Oac
have development rights the shape of the
TRACT 5
3
lots preclude them from ever being used, this
6.Oac
is still the case.
1621 / 564
06/27/1997
Y
A certificate of plat is recorded that identifies
the two 6 acre parcels mentioned above.
TRACT 4
2
The new survey established a revised
5.561 ac
acreage. Development rights were not
addressed with this plat since it was a
TRACT 5
3
boundary survey. Since the survey revealed
6.097ac
that one of the tracts was 5.561 acres then
only two development rights would be
allocated to that parcel even though the
OFFICIAL DETERMINATION stated three
development rights. TRACTS 4 and 5 were
then designated as Parcel 3A and Parcel
3B on Tax Map 82, respectively.
1642 / 356
07/31/1997
N
The reference to the tracts is the same as in
TRACT 1
5
DB 1039 P 297. It failed to recognize the
157.4ac
recorded plat in DB 1621 P 564 which
TRACT 2
1
altered the acreage thus the development
30' X 1279'
rights for TRACT 4.
TRACT 3
1
30' X 379'
TRACT 4
2
5.561ac
TRACT 5
3
6.097ac
2880 / 261
11/01/2004
Y
A certificate of plat is recorded for a
TRACT 1
No
boundary survey of Tax Map 82 Parcels 3,
147.514ac
development
3A, 3B and the strips of land referenced as
TRACT 2
rights were
TRACT 2 and TRACT 3 in previous deeds.
0.874ac
changed with
Acreages were surveyed for TRACTs 2 & 3.
TRACT 3
this plat
0.255ac
TRACT 4
5.554ac
TRACT 5
6.097ac
3101 / 660
11/2/2005
Y
A certificate of plat is recorded for a
Parcel 3
Plat states 8
boundary line adjustment that rearranged the
148.5468ac"
but there are
boundaries of Parcels 3, 3A and 313.
Should be
actually 10'
149.1011ac"
Two of the 10 development rights would be
1
with TRACTs 2 & 3 since the total acreage of
Parcel 3A
Parcel 3 includes those two TRACTs.
5.0605ac
"The acreage discrepancy in the county
records and the recorded plats comes from a
miscalculation on this plat including starting
Parcel 3B
5.0031 ac
1
with a total that included TRACTS 2 & 3
May 14, 2013
LOD-2011-00014 - Corrected
Page 3 of 4
3180 / 206
03/23/2006
Y
A certificate of plat is recorded for a division
Parcel 3
9*
that created a 26.842 acre parcel (Parcel 3C)
121.7048ac
(7 with Parcel 3
from Parcel 3 leaving 121.7048 aces.
Should be
and 1 with
Should be122.2591ac**
TRACT2&
1 with TRACT 3)
122.2591ac**
`Two of the 9 development rights would be
Parcel 3C
1
with TRACTs 2 & 3 since the acreage of
26.842ac
Parcel 3 includes those two TRACTs.
3244 / 508
06/29/2006
Y
A certificate of plat is recorded for a division
Parcel 3
8*
that created a 23.1159 acre parcel (Parcel
98.5889ac
(6 with Parcel 3
3D) from Parcel 3 leaving 98.5889 acres.
Should be
and 1 with
99.14ac**
TRACT 2 &
1 with TRACT 3)
`Two of the 8 development rights would be
with TRACTs 2 & 3 since the acreage of
1
Parcel 3 includes those two TRACTs.
Parcel 3D
A revised acreage of 99.14ac removes
23.1159ac
TRACTs 2 & 3 from the total
On the basis of these deeds Tax Map 82 Parcel 3 is determined to be three (3)
separate parcels; a 0.874 acre parcel that contains one (1) development right, a
0.255 acre parcel that contains one (1) development right and a 99.14 acre parcel
that contains six (6) development rights, Tax Map 82 Parcel 3A is determined to
be a 5.061 acre parcel that contains one (1) development right, Tax Map 82 Parcel
313 is determined to be a 5.003 acre parcel that contains one (1) development
right, Tax Map 82 Parcel 3C is determined to be a 26.842 acre parcel that contains
one (1) development right, and Tax Map 82 Parcel 3D is determined to be a 23.116
acre parcel that contains one (1) development right
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 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 $240.
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,
Francis H. MacCall
Principal Planner
May 14, 2013
LOD-2011-00014 - Corrected
Page 4 of 4
Copy: Mary Hammond, Real Estate
TM-P
Acreage
Division rights for 21 acre minimum
parcels
Development rights
82-3
99.14
4
6
TRACT 2
0.874
0
1
this lot is so small and thin that the development
right cannot be utilized for a building site/dwellin
TRACT 3
0.255
0
1
this lot is so small and thin that the development
right cannot be utilized for a building site/dwellin
82-3A
5.061
0
1
82-313
5.003
0
1
82-3C
26.842
1
1
82-3D
23.116
1
1