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Home My WebLink AboutSUB201300016 Correspondence 2013-02-11 .y,,. �r Christopher Perez From: Christopher Perez Sent: Friday, February 22, 2013 3:56 PM To: 'anitaray2 @earthlink.net; Roger W. Ray & Assoc., Inc.; 'Gwen Lacy' Subject: SUB201300016 - Charles P. Ancona — BLA Anita, It appears that SUB201300016 - Charles P. Ancona — BLA meets all the requirements of the ordinance. Thus the above referenced plat is ready for owner signatures, once signed /notarized please provide to the County for Approval. is i ristEipite r 1'. ?'er a. I Senior Planner Department of Community Development (County of Albemarle, Virginia 401 McIntire Road l Charlottesville, VA 22902 434.296.5832 ext. 3443 1 Christopher Perez From: Christopher Perez Sent: Friday, February 22, 2013 3:56 PM To: 'anitaray2 @earthlink.net'; Roger W. Ray & Assoc., Inc.; 'Gwen Lacy' Subject: SUB201300016 - Charles P. Ancona — BLA Anita, It appears that SUB201300016 - Charles P. Ancona — BLA meets all the requirements of the ordinance. Thus the above referenced plat is ready for owner signatures, once signed /notarized please provide to the County for Approval. ; hf P. t'et 'Senior Planner Department of Community Development (County of Albemarle, Virginia 401 McIntire Road ( Charlottesville, VA 22902 434.296.5832 ext. 3443 1 March 15, 2002 Roger W. Ray Roger W. Ray & Assoc., Inc. 1717 -1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 8, Parcel 15C (Property of Charles Pryce Ancona) Section 10.3.1 Dear Mr. Ray: 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 8, Parcel 15C is comprised of two (2) separate parcels. The westerly parcel, containing approximately 17.5 acres has five (5) theoretical development rights. The easterly parcel, containing approximately 5.5 acres has two (2) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 8, Parcel 15C contains 23.01 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1919, page 423. The most recent deeds for this parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are recorded in Deed Book 258, page 30 and Deed Book 389, page 363. Deed Book 257, page 509, dated August 21, 1943 conveyed an aggregate of some 291 acres from Lelia S. Miller to Eugene A. Maupin. The property included a 219.25 acre tract designated as Lot #2 on a plat made by M. M. Van Doren and recorded in Deed Book 182, page 12. The area of Lot #2 located on the southwest side of Free Union Road is the easterly portion of what is now identified as Parcel 15C. Deed Book 258, page 30, dated September 7, 1943 conveyed 24 5/10 acres from Bessie Dunn Miller and R. H. Miller to Eugene A. Maupin. The property was described as part of Lot #1, containing 146 16/100 acres shown on the plat made by M. M. Van Doren recorded in Deed Book 182, page 17. The 24 5/10 acre tract is shown on a plat I: \DEPT \Community Development\zoning & Current Development Division \Determinations of Parcel\2002 \8 -15C Ancona.doc Ancona Determination March 15, 2002 Page 2 by Hugh F. Simms attached to D.B. 258, p. 30. This is the portion of Lot #1 located on the southwest side of Free Union Road. This parcel is the easterly portion of what is now identified as Parcel 15C. It is determined that on the basis of Deed Book 258, page 30 this 24 5/10 acre tract is a lot of record per section 10.3 of the zoning ordinance. Deed Book 389, page 363, dated July 1, 1963 conveyed 408.1 acres from Eugene A. Maupin & Clara L. Maupin to J. Howard Staley & Johanna M. Staley. This property is shown on a plat by T. W. Saunders dated June 12, 13 & 14, 1963. This plat divides the property shown as Lot #2 on the plat by M. M. VanDoren along Free Union Road. The area of Lot #2 on the southwest side of Free Union Road is the easterly portion of what is now identified as Parcel 15C. It is determined that on the basis of Deed Book 389, page 363 the residue of Lot #2 is a lot of record per section 10.3 of the zoning ordinance. Deed Book 1065, page 698, dated August 2, 1989 conveyed .629 acres from Clara L. Maupin, Eugenia M. Herrell and Marjorie M. Paul, Executors and /or Trustees under the will of Eugene A. Maupin to the Commonwealth of Virginia. This was for improvements to Route 601. Deed Book 1079, page 94, dated October 18, 1989 conveyed three tracts from Eugenia M. Herrell and Marjorie M. Paul, Executors and /or Trustees under the will of Eugene A. Maupin to Eugenia M. Herrell and Marjorie M. Paul. One of the tracts was identified as Parcel One and was described as containing 24.5 acres. The description further references the deed and plat recorded in Deed Book 258, page 30. Reference to the residue of Lot #2 located on the southwest side of Free Union Road is omitted in error. Deed Book 1919, page 418 is a Deed of Correction dated May 1, 2000. It conveyed property described as four rather than three tracts from Eugenia M. Herrell and Marjorie M. Paul, Executors and /or Trustees under the will of Eugene A. Maupin to Eugenia M. Herrell and Marjorie M. Paul. This corrected deed includes two tracts relevant to this determination; Parcel One and Parcel Four. Parcel One is described as containing 24.5 acres according to the plat by Hugh M. Simms recorded in Deed Book 258, page 31 LESS AND EXCEPT that portion of the aforesaid acreage Tying northeast of State Route 601, conveyed in Deed Book 389, page 363. This property is also referred to on Albemarle Tax Map 8 as Parcel 15C. I: \DEPT \Community Development\Zoning & Current Development Division \Determinations of Parcel\2002 \8 -15C Ancona.doc 1 Ancona Determination March 15, 2002 Page 3 Parcel Four is described as that portion of Lot #2 on the southwest side of State Route 601, as shown on a plat by M. M. VanDoren recorded in D.B.182, p. 17. Deed Book 1919, page 423, dated May 5, 2000 conveyed two parcels of land from Eugenia M. Herrell and Marjorie M. Paul to Charles Pryce Ancona. The parcels were the same as those described above as Parcel One and Parcel Four, recorded in Deed Book 258, page 31 and Deed Book 389, page 363. Deed Book 2132, page 615 contains a plat by Roger Ray and Assoc., Inc. dated July 19, 2000. It shows Tax Map 8, Parcel 15C with 23.01 acres. The plat identifies the boundary between the parcel described in Deed Book 258, page 31 and the parcel identified in Deed Book 182, page 17. There have been no off - conveyances since the recordation of this deed. Based on this history, this property is determined to contain two separate parcels, each with a full compliment of development rights. The 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. 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 $95. 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: Charles Pryce Ancona P.O. Box 237 Free Union, VA 22940 I: \DEPT\Community Development\Zoning & Current Development Division \Determinations of Parcel\2002 \8 -15C Ancona.doc Ancona Determination March 15, 2002 Page 4 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files I: \DEPT \Community Development\Zoning & Current Development Division \Determinations of Parcel\2002 \8 -15C Ancona.doc