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Home My WebLink AboutSUB201300089 Affidavit 2013-06-25 %r 'r ,` I f ALIT ''"®iii . 1i^.,....flif,t COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 AFFIDAVIT Verifying Family Relationship of Grantor to Grantee I;`/g t e hi-) H q I I ,(property owner/Grantor)hereby certify that the subdivision of Tax Map 3� Parcel 77/3is a family subdivision in accordance with Sections 14-208, 14-211,and 14-212 of the Albemarle County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the Grantor. I acknowledge that I have read and understand Sections 14-208, 14-211,and 14-212 of the Albemarle County Subdivision Ordinance which is attached to this affidavit. Grantee(s) Relationship to grantor Parcel/Lot ii4amy ?cifi l oy a,u31-1-1-er- 3L./-'7L/ /3 ___431N,k ,. CA IQ - 7-0 ‘ 3 Property Owner/Grantor Date COMMONWEALT QF_VIRG A CITY/COUNTY OFU P Da;1bj- y I+e : -(� 2-t l3 The foregoing instrument was acknowledged before me this tU day of V Llrl x. ,2005 by q1 �A . I4 a,I ( Grantor. `J My Commission Expires: IG"3 (Y 1 15 1 , t.� � Notary Public F MNOT RY PUBLIC REGISTRATION N 100901 COMMONWEALTH N F VPRR E S I A 8/1/2011 Page 8 of 9 ' Nowt f` Member of the immediate family.The term"member of the immediate family"means the natural or legally defined off-spring,grandchild, grandparent,or parent of the owner of property.(Section 14-106) 14-208 Family subdivisions. The following sections of this chapter shall apply to each family subdivision,when applicable: A.General: Sections 14-100 through 14-108. B.Administration and procedure: Sections 14-200 through 14-204, 14 208 14-210, 14-211, 14-212, 14-226, 14-2?9, 14-232(B)and 14-236. C.Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(_)(1),(3).(4),(5).(6),(7),(9),(10),(11),(13),(14)and (15), 14-302(B)(1),(2),(4),(5),(6),(7),(8),(9)and(10), 14-303(A),(B),(C),(D),(E),(F),(H),(I),(L),(M),(N),(0),(P),(Q)and(S), 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312 and 14-314. D.On-site improvements and design:Sections 14-400, 14-401, 14-402, 14-403;if a private street will be constructed as authorized by section 14- 232(B)(1),then also sections 14-316, 14-406, 14-410(F)and 14-412(A)(4);if any part of the property within a proposed family subdivision is within the jurisdictional area of the service authority,then also section 14-414,but if not,each lot,including a lot not required to connect to public sewer service pursuant to section 14-414,which is less than five(5)acres,shall comply with the requirements of sections 14-416. 14-421 and 14-426 through 14-440. 14-211 Family subdivisions;conditions precedent. A family subdivision shall be approved only if,in addition to satisfying all other applicable requirements of this chapter,the agent is satisfied that: A.Only one lot is created for transfer by sale or gift to the same family member. B.The subdivider has not previously divided any other land within the county by family subdivision for transfer by sale or gift to the same family member. C.Each lot proposed to be created complies with all applicable requirements of the zoning ordinance. D.The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions.In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter,the agent shall consider the following factors,among others: 1.Whether the subdivision promotes the cohesiveness of the family; 2.Whether the subdivision is profit motivated for short-term investment purposes; 3.The length of time the subdivider has owned the property;and 4.Whether,after the family subdivision is approved,a lot created by the family subdivision is conveyed back to the grantor or to a third Pte. 14-212 Family subdivisions;conditions of approval. Each approval of a plat for a family subdivision shall be subject to the following conditions: A.No lot may be created by family subdivision unless it has been owned by the current owner or a member of his or her immediate family for at least four(4)consecutive years immediately preceding the date the family subdivision plat is submitted under section 14-210. B.No lot created by the family subdivision,including the residue,may be transferred, except by devise,descent or operation of law,to a person other than an eligible member of the immediate family of the subdivider,for a period of four(4)years after the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan,including bona fide refinancing,or if the lending institution requires in writing that the spouse of the member of the immediate family be a cograntee and co-owner of the lot.The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is not a member of the immediate family for the retention period after the date of recordation.The restrictive covenant shall be subject to review and approval by the county attorney before it is recorded. If the lot created is conveyed back to the grantor:.ring the retention,�vriod. it shall be recombined with the pal lot within six(6)months after such conveyance and no building permits shall be issued for the lots until they ate recombined. C.The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation. D.The following note shall be added to each plat for a family subdivision:"No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible`member of the immediate family,'as that term is defined in Chapter 14 of the Albemarle County Code,for a period of four(4)years after the date of recordation of this plat except as authorized by section 14-212(A)of the Albemarle County Code.If any lot created by the recordation of this plat is conveyed back to the grantor during the four(4)year period,it shall be recombined with the parent lot within six(6)months after such conveyance." 8/1/2011 Page 9 of 9 `rr+ of efilirPotii i• '1111M7• COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 December 21, 2011 Glenn A. Hall 4399 Braxton Rd. Barboursville,Va 22923 RE: SP201000034 Glenn A. Hall Tax Map 34, Parcel 74B Dear Mr. Hall: On December 14, 2011, the Albemarle County Board of Supervisors took action on the above referenced special use permit to allow one additional development right for the creation of a new parcel for a family member on the above referenced parcel in the Rivanna District. This special use permit was approved based on the following conditions: 1. The proposed subdivision of Tax Map 34, Parcel 74B shall only be permitted as a"family subdivision"as provided by Chapter 14 of the Albemarle County Code; and 2. The family division period to retain the property shall be extended to fifteen (15) years. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMIT; • approval of and compliance with a FAMILY DIVISION; and • approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four(24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term`commenced" means"construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above-noted action, please do not hesitate to contact Ron Higgins at 296-5832. Sincerely, . r Wayne limberg Director of tanning Email CC:: Tex Weaver, Chuc File