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HomeMy WebLinkAboutSUB202000002 Other Final Plat 2017-05-17„,mot. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 -_L _ Fax (434) 972.4126 May 17, 2017 Roger W Ray & Associates, Inc. 663 Berkmar Court Charlottesville VA 22901 RE: LOD2017-000010 -OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 139AO-00-00-01900 (Property of JAMES E CREWS) Samuel Miller Magisterial District Dear Mr. Ray: The County Attorney and 1 have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Parcel ID 139AO-00-00-01900 is comprised of three (3) parcels of record, with a total of three (3) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 139AD-00.00-01900 contains 2.89 acres and zero (0) dwellings. The property Is zoned RA, Rural Areas. The most recent deed for Parcel ID 139A0-00-00-01900, recorded before the December 10, 1980, adoption of the Zoning Ordinance is found in Deed Book 439, page 108 dated October 31, 1967. BEFORE DECEMBER 10, 1980 Parnpi In 139A0-00-00-01900 f2 acre nortioni Deed Book / Pa e Date Parcel Change Y or N Description Acres 911480 04/23/1889 N ... and lot of about two acres of land, more or less... said lot 2.0 or parcel of land lies on the Northern ridge of the Street or road leading from the ferry on the James River and is bounded by the said Street or road in front, by the land of Mrs. George A Sangreat and the James River on the East and on the other parts by the land of H. C. Bragg and wife... 179 / 579 06/19/1922 Y ... all of that certain lot or parcel of land... known as the "Library” property and bounded and described as follows... Approx. Beginning... North 42 feet... eastwardly direction 81 feet... 0.078ac South 42 feet... westerly direction 81 feet to the point of beginning. (42ft X 81ft X This deed creates a small lot for transfer to the 42ft X 81ft) son of the grantor. The description identifies a comer that starts on the described owner's 20 - 0.078 property and follows lines of the known = adjacent owner and the grantor_ It is Approx. determined per the description that this is a 1.922 portion of the parcel described In DB 91 P 460 May 17, 2017 LOD-2017-00010 Page 2 of 5 as the grantor owned the property described in DB 91 P 460 at the time of this deed. I i According to the current owner, the described "Library" parcel is shown on a map provided to ! Roger W Ray & Associates. 415 / 432 02/01/1986 N ...that certain parcel of land,... containing 2.50 acres, more I or less, and being made up of two contiguous parcels as follows: (1) A parcel of 2 acres, more or less, which was i Approx. 4 I conveyed... in DB 91 P 480. 1.922 (2) A parcel of one-half an acres, more or less, which was j 50 Iconveyed... in DB 130 P 186. 1 416 / 324 03116/1966 1 N ...all that certain parcel of land,... and containing 2.50 Approx. acres, more or less; and being in all respects the same 1.922 property which was devised to John T. Irving by the will of of the Ida Turner Irving in W B 42 P 598. By deed... In DB 416 P described i 432. 2.50 416 / 464 04/12/19 66 N ...all that certain parcel of land,... and containing 2.50 Approx. i acres, more or less; and being the same property in all 1922. f respects conveyed... in DB 416 P 324 of .he j described j 2.50 439 ! 108 . 10/31/1967 i N All that certain tract or parcel of land... and containing 2.50 Approx. acres, more or less; and being the same property in all 1.922 I respects was conveyed... In DB 416 P 464 of the described i 2.50 Date 922 1 Y BEFORE DECEMBER 10, 1980 ID ...all of that certain lot or parcel of land... known as the I "Library" property and bounded and described as follows... Approx. Beginning... North 42 feet... eastwardly direction 81 feet... 0.078ac South 42 feet... westerly direction 81 feet to the point of beginning. `` (42ft X 81ft X 42ft X Sift) This deed creates a small lot for transfer to the IIII 1 son of the grantor. The description identifies a corner that starts on the described owner's property and follows lines of the known adjacent owner and the grantor. It Is evident per the description that this is a portion of the parcel described in DB 91 P 460, as the grantor owned It at this time. According to the current owner, the described "Library" parcel Is shown on a map provided to May 17, 2017 LOD-2017-D0o 10 Page 3 of 5 BEFORE DECEMBER 10, 18ng anrrnl in 730en.nn-n0.n790o (.50 acres) Deed Date Parcel Change Description Acres Book / Page 129 1151 09/1511904 Y or N Y ...those two certain lots of land.., just South of the village of Howardsville, lying on the East side of the road from 2.0 in Howardsvilie to the ferry on James River, and containing 2 two lots acres, be the same more or less, and being a part of the real estate which formerly belonged to C.F. May... devised by One being him by his last will and testament... the .50 acres 13011 6 —63/07/1905 N WHEREAS... DB 129 P 151--- conveyed... two certain lots of land... containing Two (2) acres more or less... AND WHEREAS said Irving and Turner desire to make partition of said real estate... FIRST,... front of about 63yds on the west... a depth along the south... of about 67yds... with a width in rear, that is on the east of about 41 yds,... on the North... of about 78yds.; and SECONDLY..Ahe residue of sold real estate in the Approx. preamble described, lying just North, that is towards the OA24 village of Howardsville of the lot herelnbefore conveyed to J.C. Tumer Jr., and bounded as follows, On the West for a (24yds X distance of about 24 yds along the road from Howardsville 78yds X to the ferry on James River, thence south along the line of 28yds X said Turner lot for a distance of about 78 yds., thence 80yds) northward or in rear for a distance of about 28 yda., thence along the tine of J.K. Irving store lot on the North for a distance of about 80 yds, to said road from Howardsville to the James River Ferry. The reference to 'Two (2) acres more or less" appears that It is much less than 2 acres for these two tracts. A new survey will be needed to Identify the actual acreage within the described boundaries of each of these two parcels, In particular, the second description. 415 / 432 02/01/1966 N that certain parcel of land..-- containing 2.50 acres, more or less, and being made up of two contiguous parcels as follows: (1) A parcel of 2 acres, more or less, which was conveyed... 2 in DB 91 P 480. (2) A parcel of one-half an acre, more or less, which was .50 conveyed... in DB 130 P 186. (Approx. 0.424 416 / 324 03/16/1966 N ...all that certain parcel of land,... and containing 2.50 acres, (Approx. more or less; and being In all respects the same property 0.424) which was devised to John T. Irving by the will of Ida Turner of the Irving In WB 42 P 598. By deed.., in DB 415 P 432. described 2-50 416 / 464 04/12/1966 N ... all that certain parcel of land,.., and containing 2.50 acres, (Approx. more or less; and being the same property in all respects 0.424) conveyed... in DB 416 P 324 of the described 2.50 May 17, 2017 LOD-2017-00010 Page 4 of 5 439 / 108 VB 106 P "576 35731714 By these deeds N All that certain tract or parcel of land... and containing acres, more or less; and being the same property in all respects was conveyed... in DB 416 P 464 AFTER DECEMBER 10, 1980 Parcel ID 139AO-00-00-01900 (2.5 2 W 1►1 Last will and testament of Charles R Saber I Approx. j devising his interest in 2.50 acres to the current I 1.922 owner James E. Crews Approx. 0.078 Approx. to-wlt: PARCEL A I Apex PARCEL B: All that certain lot or parcel of land,... 1.922 containing Two and one/half (2.5) acres, more or Approx. less, said lands being the aggregate residues of 0.078 two lots conveyed in... DB 439 P 108.. said lands Approx. being known as Albemarle County Tax Map 0.424 #139A0-00-00-01900. PARCEL C: (Approx. I 0.424) of the described Parcel ID 139A0-00-00-01900 is determined to be three (3) parcels of record, comprised of the following; Approximately 1.922 acres"-, containing one (1) development right, Approximately 0.078 acres41-, containing one (1) development right, and Approximately 0.424 acres+", containing one (1) development right. If a survey is completed and new acreage totals are Identified, then each of the identified parcels will still include one 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 of record 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 (30) days of this notice, in accordance with Virginia Code§ 15.2-2311. If you do not file a timely appeal, this determination shall be final and un-appealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County Code, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. May 17, 2017 LOD-2017-00010 Page 5 of 5 Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at www.albemarle.org/countyGodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) If you have any questions, please contact me. Sincerer Francis H. MacCall Principal Planner Attachment Map delineating parcels of record Copy: Sheila Conrad, Real Estate Travis Morris, Senior Clerk of the Board of Supervisors Owner: TMP 139A-19 James E Crews 247 Circle C Farm Drive Dillwyn VA 23936 39A-15 2 t �} :f2 � ° � ■ ` / o 0 � � � ■ ` 7 � §�B f � � � • > ! . k , |£ !!■| � / 6| i ROGER W. RAY & ASSOC., INC. 663 BERKMAR COURT CHARLOTTESVILLE, VIRGINIA 22901 telephone: (434) 293-3195 fax: (434) 293.4202 e-mail: rwrinc@earthtink.net Brian S, Ray, LS Roger W. Ray, LS March 4, 2017 Albemarle County Zoning Department 401 McIntire Road Charlottesville, Virginia 22903 Re: James Crews Land Surveyors Land Planners This Official Determination of Parcels of Record and Development Rights is for Tax Map 139A Parcel 19. The property known as Tax Map 139A Parcel 19 originated as two parcels that were acquired by Joseph K. Irving in 1889 (Deed Book 91 page 480) and 1904 (Deed Book 130 page 186). The parcel acquired in 1889 was estimated as containing 2 acres. The parcel acquired in 1904 was the residue of 2 acres after a portion was partitioned in said deed. This parcel was later estimated to contain approximately one half acre. In 1922, Joseph K. Irving and his wife, Ida, deeded a parcel know as the "Library" property out of the 2 acre parcel acquired in 1889 to their son, John T. Irving. John would acquire the residue parcel and the one half acre parcel after his parents passed (see Deed Book 415 page 432 for explanation). The interest in the "Library" parcel and the residue of the 2 acres it came from has been conveyed forward with reference to the original parcel deeded in 1889, but no act was taken to combine the two parcels. James E. Crews acquired the parcels, with the latest interest acquired in 2008 in Deed Book 3573 page 714. We believe the Tax Map 139A Parcel 19 consists of 3 parcels. They are the residue of the 2 acres after the "Library" parcel was conveyed off, the "Library" parcel and the one half acre parcel. We believe there are 3 development rights for Tax Map 139A Parcel 19. One hall acre parcel= 1 development right "Library" parcel (42x81')=0.08 acre 1 development right Residue of 2 acres(2-0.08 acre=1.92 acre) 1 development right Total= 3 development rights If you have any questions, or need additional information, please do not hesitate to call. Respectfully, �'S / Brian S. Ray, LS