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HomeMy WebLinkAboutLOD200600021 Application 2006-07-26Request for Parcel of Record Determination and or Development Riuhts Determination ❑ Parcel of Record = $75 .0 Development Rights = $40x2 = $80.00 Taxmapandparcel(s): (1) 21-40 and (2) 33-419 Zoning: RA Acreage total: 125.92 Acreage for each parcel: (1) 103.2967. 1.6215 (2) 21.000 Number of parcels: Three (3) Location of property (landmarks, intersections, or other): northwest of S. R. 747 east of U. S. Route 29 in northeastern Albemarle County OwnerofRecord (1) Stuart A. Kessler (2) Lot 2, LLC Address P.O. Box 7566 City Charlottesville State VA Zip22906 Daytime Phone U Fax # E-mail Applicant (Who is the Contact person representing?): Owner Address Daytime Phone L__) City Fax # E-mail State Zip Contact Person (Whoshould we call/write concerning this project?): Lori H. Schweller, Esq., LeClair Ryan Address 123 East Main S't'reet – 8th Floor City Charlottesville State VA Zip 22902 Daytime Phone4( 34)245-3448 Fax #296-0905 E-mail lschweller@leclairryan.com Submittal Requirements 1. Tax Map Page 03,3 —O -P ®0 0 v D'9 -0 k p 2. Last Instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980 that includes a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). 3. All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any, other pertinent information. 5. Cover letter stating the assumed number of parcels and development rights, with explanation of same. A fee is required for each parate parcel shown on the tax map. Signa ureof Owner or Authorized Agent Date 4 0 D 2-�2e2(p "per � �C'_ <' OFFICE USE ONLY File Number Fee waived? / N(5Fee amount $ g©rn 6 Date Paid -7-3 I -Ob Check # q170 P Receipt # 6/1 9 to County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,, VA 22902 Voice: (434/) 296-5832_ Fax: (434) 972-4126 'J;CJ J "3 �3 3/24/05 Page 1 of 1 U� LIECLAI R RYAN A Professional Corporation 123 East Main Street 86, Floor Charlottesville, Virginia 22902 434.245.3444 July 28, 2006 Mr. John Shepherd Manager of Zoning Administration Department of Community Development County of Albemarle 401 McIntire Road Charlottesville, VA 22902 Re: Division Rights Determination Request Tax Map Parcels 33-41D and 21-40 Dear John: ATTORNEYS AT LAW LORI H. SCHWELLER IscliweUer@leclairryan.com Direct Dial: 434.245.3448 Direct Fax: 434.296.0905 I am requesting a Development Rights Determination for three contiguous parcels of record: Tax Map Parcel 03300-00-00-041D0, consisting of 21.000 acres; and TMP 02100-00-00-04000, consisting of two parcels containing a total of 104.92 acres. TMP 21-40 is owned by Stuart A. Kessler, and TMP 33-41D is owned by Lot 2, LLC, a Virginia limited liability company, of which Stuart A. Kessler is member. Both parcels are vacant rural land with frontage on State Route 747. My research indicates that TMP 21-40 has 6 division rights, and TMP 33-41D has 4, for a total of 10 division rights for the two Tax Map parcels. Following is my calculation of the property's development rights, which I ask you to verify. Enclosed is an Official Determination of Development Rights Application and check for $80.00 TMP 21-40. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 564, page 611 and is dated August 26, 1974. This deed conveyed two tracts of land northwest of State Route 747 identified as Parcel A and Parcel D, containing 103.2967 and 1.6215 acres, respectively, as shown on a plat made by B. Aubrey Huffman and Associates, dated May 17, 1974, of record in Deed Book 564, page 609. On the basis of this deed, I submit that TMP 21-40 has six (6) development rights, Parcel D possession one (1) development right. The parcels were conveyed by Vaughn F. Bossow and Robert M. Musselman, Trustees for the Abalar Land Trust, to Stuart A. Kessler and Catharina M. Kessler by deed, dated April 17, 1981, recorded in Deed Book 715, page 700. Then, by deed, dated December 16, 1986, recorded in Deed Boole 931, page 304, Catharina A. Kessler conveyed the same two parcels to Stuart A. Kessler. These transactions had no effect on the development rights of the parcels. Alexandria • Blacksburg • Charlottesville • Glen Allen • Norfolk • Richmond • Roanoke • Washington DC www.IecIairryan.com Mr. John Shepherd July 28, 2006 Page 3 of 5 Trustees conveyed a 2.20 acres parcel shown as Parcel 4 on the June 1959 Huffman plat recorded in Deed Book 350, page 102A to the Alriches, and the Alriches conveyed the 1.6215 acre Parcel D on the May 17, 1974 Huffman plat attached to the deed at 564/609. Virginia M. Aldrich died on October 5, 1981, leaving Samuel G. Aldrich as sole owner of the property (deed does not recite whether she died testate or intestate). The total of the above-described conveyances (including the 1.6215 acre tract) was transferred by deed of Samuel G. Aldrich, dated September 14, 1984, to Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Deer Track Land Trust, dated September 14, 1984 recorded in Deed Book 815, page 190. A plat attached to the deed, recorded at page 196, shows Parcel 41, comprised of 64 acres. By deed, dated October 1, 1985, recorded in Deed Book 863, page 402, Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Deer Track Land Trust, conveyed 21 acres shown as Lot 2 on an attached plat, dated July 25, 1985, by B. Aubrey Huffinan & Associates, Ltd., to David R. Slonim. The plat, approved by Robert W. Tucker, Jr., shows Lot 2 as having four (4) development rights. Following default in payment of the bonds secured by the deed of trust secured by the 21 -acre parcel, David W. Kudravetz, Substitute Trustee, sold the property at a trustee's sale to Nils R. Kessler. The property description in the deed, dated September 16, 1994, recorded in Deed Book 1431, page 62, refers to the 1985 plat showing 4 division rights. The division rights were not affected by this transfer. By deed, dated May 24, 1999, recorded in Deed Book 1884, page 299, Nils R. Kessler conveyed the property to Stuart A. Kessler. Stuart A. Kessler conveyed the property to Gary Goldberg by deed, dated September 19, 2001, recorded in Deed Book 2085, page 325. Gary Goldberg then conveyed the property to Lot 2, LLC, a Virginia limited liability company, of which Stuart A. Kessler is member. No further plats of the parcel have been recorded since the 1985 plat; all subsequent deeds refer to the 1985 plat. Therefore, I submit the four (4) development rights shown on the 1985 plat remain. Based on this analysis, I respectfully submit that the property, comprised of three (3) parcels of record, has a total of ten (10) development rights. I request your determination of development rights. Please contact me if you have questions. Very truly yours, Lori H. Schweller cc: Mr. Stuart A. Kessler Enclosures Mr. John Shepherd July 28, 2006 Page 2 of 5 TMP 33-41D. The most recent deeds for the parent tract of the parcel prior to the adoption of the Zoning Ordinance, December 10, 1980 are the following seven (7) deeds into Samuel G. Alrich and Virginia M. Alrich (plus an eighth deed for the parcel now within TMP 21-40 containing 1.6215 acres): 1) Deed from Joseph A. Turner et al., dated May 1, 1959, recorded in Deed Book 350, page 98, conveying three parcels 27 acres, 16 1/3 acres, and 10 %2 acres less and except the portion of the 27 -acre tract lying east of State Route 747, as shown on. two 1886 plats by J. R. Ferguson and a plat by B. Aubrey Huffman, dated June 1959, attached to the deed; 2) Deed from Allie M. Birckhead Davis et al., dated August 25, 1967, recorded in Deed Book 434, page 116, conveying the Grantors' interest in 35.6 acres near Gilbert Station fronting on State Routes 474 (sic) and 640, made up of three adjacent tracts shown on the plat in Deed Book 119, page 111; 3) Deed from Cynthia C. Birckhead et al., dated November 22, 1967, recorded in Deed Book 438, page 521, conveying the Grantors' interest in 35.6 acres near Gilbert Station fronting on State Routes 747 and 640, made up of three adjacent tracts shown on the plat in Deed Book 119, page 111; 4) Deed from Cynthia B. Cooper et al., dated November 22, 1967, recorded in Deed Book 441, page 18, conveying the Grantors' interest in 35.6 acres near Gilbert Station fronting on State Routes 747 and 640, made up of three adjacent tracts shown on the plat in Deed Book 119, page 111; 5) Deed from G. M. Birckhead, Jr. et al, dated November 22, 1967, recorded in Deed Book 441, page 145, conveying the Grantors' interest in 35.6 acres near Gilbert Station fronting on State Routes 747 and 640, made up of three adjacent tracts shown on the plat in Deed Book 119, page 111; 6) Deed from Jack N. Kegley, Special Commissioner, dated April 23, 1968, recorded in Deed Book 442, page 308, conveying the interests of T. W. Birckhead and Daniel R. Birckhead in 35.6 acres near Gilbert Station fronting on State Routes 747 and 640, made up of three adjacent tracts shown on the plat in Deed Book 119, page 111; 7) Deed of Partition by and between Samuel G. Aldrich and Virginia M. Aldrich, husband and wife, and Allen H. Shotwell and Theresa M. Shotwell, husband and wife, dated March 5, 1969, recorded in Deed Book 455, page 403 in which the Aldriches convey to the Shotwells all their interest in a tract of land containing 12 acres fronting on State Route 747 and 640 and shown as Parcel B on an attached plat of Thomas D. Blue, dated August 17, 1965, revised June 26, 1968; and the Shotwells convey to the Aldriches all of their interest in a tract containing 8.70 acres fronting on State Route 747, shown as Parcel A on said plat; 8) Deed of Exchange by and between Charles Wm. Hurt and Stuart F. Carwile, Trustees for the 747 Land Trust, and Samuel G. Alrich and Virginia M. Alrich, dated August 15, 1974, recorded in Deed Book 564, page 605 by which the