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Home My WebLink AboutLOD201300004 Review Comments Letter of Determination 2014-09-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 4, 2014 Peter Pitsiokos c/o 220 Warren Street Scottsville, VA 24590 RE: LOD201300004 - OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 136, Parcels 27 & 27D (Property of Peter Pitsiokos/Judith Williams) Scottsville Magisterial District Dear Mr. Pitsiokos: 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 136, Parcel 27 is a parcel of record with no "2 acre" theoretical development rights and Tax Map 136, Parcel 27D is a parcel of record with one (1) theoretical development right. The basis for this determination follows. Tax Map 136, Parcel 27 & Parcel 27D: Our records indicate Tax Map 136, Parcel 27 contains 68.58 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 4375, page 325. Our records indicate Tax Map 136, Parcel 27D contains 24.40 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 4375, page 352. This analysis begins with the deed of record in Deed Book 419, page 195 that is dated May 31, 1966. The deed contains a description of the "Valmont" estate "containing ... a tract of 509.4 acres shown on plat of Hugh F. Simms, dated October, 1924..." This tract includes what would later become Parcels 27 and 27D on Tax Map 136. This references the establishment of the parent parcel from which these two parcels (27 & 27D) came. Deed Book 541, page 563, dated November 30, 1973, conveyed 503.53 acres, more or less, from Forrest E. Paulette and Lillian M. Paulette, his wife to Leonard Land and Livestock, LTD. a Virginia Corporation. The land is described as being the same as conveyed in Deed Book 419, page 195. This transaction had no effect on the parcel. 2 The most recent instrument for these parcels recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 655, page 555, and is dated September 15, 1978. The deed conveyed 430 acres, more or less, known as "Valmont" from Leonard Land and Livestock, a Virginia Corporation to Guenther Hawranke and Stephan Hawranke. The land is described as being the same as conveyed in Deed Book 541, page 563. This tract included what would later become Parcels 27 and 27D on Tax Map 136. Based on this deed, then Tax Map 136, Parcel 27 is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 2199, page 278, dated April 2, 2002 and recorded May 14, 2002, conveyed acreage from Stephan Hawranke to Open Lands, Inc. This conveyance included "...Tracts 1, 2, 3, Valmont on the James containing 68.58 acres, 67.40 acres and 152.32 acres, respectively, on a plat of Wm. Morris Foster, CLS, dated March 20, 2002, revised April 10, 2002, attached...". Tract 1 is Tax Map 136, Parcel 27 and Tract 2 is then Tax Map 136, Parcel 27D. The property is described as being the same as was conveyed by Deed Book 655, page 555. This transaction established Tax Map 136, Parcel 27 as it presently exists with no theoretical development rights and stated that it "May be divided with parcels more than 21 acres in size". This same transaction established then parcel 27D as Tract 2 that "May be divided with 2 parcels less than 21 acres in size". Tax Map 136, Parcel 27: Deed Book 2216, page 151, dated May 15, 2002, conveyed 68.58 acres from Open Lands, Inc. to Grace Notes, LTD, U.K.. The property is described as being the same as was conveyed by Deed Book 2199, page 278. This transaction had no effect on the parcel. Deed Book 4375, page 325, dated June 26, 2013, conveyed 68.53 acres from Grace Notes Limited a/k/a Grace Notes, Ltd., U.K. to Peter Pitsiokos and Judith Williams Pitsiokos, husband and wife. The property is described as being the same as was conveyed by Deed Book 2216, page 151. This transaction had no effect on the parcel. Tax Map 136, Parcel 271): Deed Book 2218, page 524, dated May 15, 2002, conveyed 24.40 acres from Open Lands, Inc., to White Oak Land Co., LLC and Cargunn Properties, Inc. The property is described as being the same as was conveyed by Deed Book 2199, page 278. This transaction had no effect on the parcels. Deed Book 2409, page 181, dated March 12, 2003, conveyed 24.40 acres from White Oak Land Co., LLC and Cargunn Properties, Inc. to Grace Notes, Ltd., UK. The 2 3 property is described as being the same as was conveyed by Deed Book 2218, page 524. This transaction had no effect on the parcels. Deed Book 4375, page 352, dated June 26, 2013, conveyed 24.40 acres from Grace Notes Limited, a/k/a Grace Notes, Ltd., U.K. to Peter Pitsiokos and Judith Williams Pitsiokos, husband and wife. The property is described as being the same as was conveyed by Deed Book 2409, page 181. This transaction had no effect on the parcel. 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. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. 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 nu�s. please contact me. Si -'C onald L. 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