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Home My WebLink AboutLOD201300012 Review Comments Letter of Determination 2013-08-09COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 9, 2013 Janice E Stargell 1020 Allendale Drive Charlottesville VA, 22901 RE: LOD2013-00012 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS -Tax Map 119, Parcel 7 (Property of JANICE E STARGELL) Samuel Miller Magisterial District Dear Madam: 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 119, Parcel 7 is one (1) parcel of record with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 119 Parcel 7 contains 91.632 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Tax Map 119 Parcel 7, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 559, page 353 and is dated July 22, 1974. PRIOR TO DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Book / Pae Y or N 115/32 02/23/1898 N Conveyed a certain lot or parcel of land said to contain 10+" ten acres more or less, Description: Beginning at the Green Creek school house and running with the road 210 yards, thence a straight line across a field 233 1/3 yards, thence a straight line to -the County road 210 yards, thence along the County road 233 1/3 yards to the beginning at Green Creek school house. 120/73 04/26/1901 N Conveyed a certain lot or parcel of land said to contain 10 " 10 acres more or less. 117/379 06/09/1900 N A certain tract of land, containing 86Y2 acres which is 86.5+" described in a plat and survey hereto attached, made by T. E. Simms S.A.C. 175/146 12/02/1920 N All that certain tract or parcel of land, containing ninety- six and one-half (96'/2) acres be the same more or less. . The land hereby conveyed is composed of two (2) tracts, one containing eighty-six and one-half (86%) acres 86.5+'" which was conveyed in DB 117 P 379, and the other and tract containing ten (10) acres, more or less, which was 10+1- 0+i"conve ed in DB 120 P 73. conveyed August 9, 2013 LOD-2013-00012 Page 2 of 3 199/80 11/23/1927 N All of that certain tract or parcel of land, containing Acres Development Rights 2138/596 12/28/2001 96-5/16ths acres, more or less. 86.5 - 0.1875 The above tract of land consists of two tracts of land as = PHYSICAL SURVEY SHOWING PARCEL 7 102.029 5 follows: AS SHOWN ON TAX MAP 119 being 102.029 (1) By deed dated June 9th, 1900 in DB 117 P 379 86.3125 acres. conveyed by plat, 861/2 acres, with the exception of a 2855/82 10/06/2004 Y burial tract of 3/16 of an acre conveyed in DB 155 P + 10 = 366. 10.397 acres, more particularly described as 91.632 5 (2) By deed dated April 26th, 1901 conveyed a tract of 10 96.3125+�" Lot B on plat of Arthur F. Edwards, Land acres, more or less, adjacent to the aforementioned 86 Y2 Surveyor, dated January 19, 2004, attached & acre tract in DB 120 P 73 more accurately described in hereto and made a part hereof. - DB 115 P 32. 359/99 04/19/1960 N All of that certain tract or parcel of land, containing 96.3125+" 5 96-5/16ths acres, more or less. The plat recording the division of the 10.397 559/353 07/22/1974 N All that certain lot or parcel of land, containing 96-5/16ths acres (Lot B) allocated one (1) development acres, more or less. 96.3125+i" AFTER DECEMBER 10, 1980 Deed Book / Pae Date Parcel Change Y or N Description Acres Development Rights 2138/596 12/28/2001 N Certificate of plat of a PHYSICAL SURVEY SHOWING PARCEL 7 102.029 5 AS SHOWN ON TAX MAP 119 being 102.029 acres. 2855/82 10/06/2004 Y All that certain lot or parcel of land, containing 10.397 acres, more particularly described as 91.632 5 Lot B on plat of Arthur F. Edwards, Land Surveyor, dated January 19, 2004, attached & & hereto and made a part hereof. - 10.397 5 The plat recording the division of the 10.397 acres (Lot B) allocated one (1) development right to Lot B. Lot B now designated as Tax Map 119 Parcel 7A and is determined to be the original 10 acres parcel of record described in DB 199 P 80 and all previous Deed Books mentioned above, thus Tax Map 119 Parcel 7A is its own parcel of record with five (5) development rights. The residue of Tax Map 119 Parcel 7 was stated as being 91.632 acres with four (4) development rights. With the 10 acres of Lot B now determined to be a separate parcel of record the one (1) development allocated to Lot B would not have been needed thus leaving Tax Map 119 Parcel 7 with five 5 development rights. On the basis of these deeds Tax Map 119, Parcel 7 is determined to be one parcel of record, containing 91.632 acres" -,and Tax Map 119, Parcel 7A is determined to be one parcel of record, containing 10.397 acres+'. August 9, 2013 LOD-2013-00012 Page 3 of 3 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 $240. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincer , Francis H. MacCall Principal Planner Copy: Real Estate Tech, Real Estate Ches Goodall, ACE Coordinator Ella Jordan, Clerk of the Board of Supervisors James Stargell, owner of Tax Map 119 Parcel 7A 336 Berry Lane Bryson City NC, 28713-9104 TM -P Acreage Division rights for 21 acre minimum arcelsDevelo ment ri hts 119-7 91.632 3 1 5 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013 TMP 119-7 119$ Legend 19-5A (Note: Some items e �uE�Sn,R�SRSm 0F—RESCUE S—ON on map may not appear in legend) 118-18B 119-30 oHo°u6N ® P'o-Es,.,oR ®aE oA'T'E,raURSM asp 119-6A 119-6 119-29 119-2 AA \9-28 119-7A r ■ TM: 118 TM: 119 119-7 119-27 119-28 118-27A � \ 630 - 119-2 � 119-25 y OE ALBF 02 �Ilf �' �' GIS -Web Geographic Data Services 500 ft �119-20B y�(R.C>-. www.albemarle.org (434) 296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013