HomeMy WebLinkAboutLOD201200001 Letter of Determination 2012-09-04SOF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 22, 2012
William R. Sommer
Judith E. Sommer
6478 Gordonsville Road
Keswick, VA 22947
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 50, Parcels 13 and 19 (William R Sommer Family Trust), Rivanna
Magisterial District
Dear Mr. & Mrs. Sommer:
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 50, Parcels 13 contains three (3) parcel of record with ten (10) theoretical
development rights and Tax Map 50, Parcel 19 contains three (3) parcels of record with
three (3) theoretical development rights as outlined in the table below. The basis for this
determination follows.
Our records indicate Tax Map 50, Parcel 13 contains 46.78 acres and one (1) dwelling
and Tax Map 50, Parcel 19 contains 7.31 acres and no dwellings. Neither property is
within an Agricultural and Forestal District. The most recent recorded instrument for
these properties is recorded in Deed Book 1980, Page 383 and is dated December 20,
2000.
Tax Map -Parcel, Lot
Acreage
Development Rights
Tax Map 50, Parcel 13
46.78 acres
10
Tax Map 50, Parcel 19
7.31 acres
3
Totals
54.09 acres
13
This analysis begins with the deed for Parcels 13 and 19 recorded prior to the adoption
of the Zoning Ordinance, December 10, 1980, recorded in Deed Book 703, Page 303,
and dated October 17, 1980 from John P. Eckert and Ursula Eckert to Cordelia S. and
James E. Lenz, as Trustees of the Kesmont Land Trust. The deed referenced a plat
known as "Plat Showing A Survey of Paradise, Being a 54.094 Acre Tract Composed of
Parcels 13, 14, 15, 15B, 18 and 19 on Tax Map 50 Located on St. Rts. 231 and 640 at
Cash Corner in Albemarle County, Va.," dated April 11, 1977 (hereinafter referenced as
"Cash Corner Plat") recorded in Deed Book 703, Page 303 that is further comprised of:
Tax Map 50, Parcels 13 and 14 containing 25.695 acres
Tax Map 50, Parcel 15 containing 21.090 acres
Tax Map 50, Parcel 15B containing 2.926 acres, and
Tax Map 50, Parcels 18 and 19 containing 4.388 acres.
Based on this deed, what is now referenced as Tax Map 50, Parcel 13 (parcels
13,14 and 15 were combined by the Real Estate Assessor's Office) with ten (10)
theoretical development rights and what is now referenced as Tax Map 50, Parcel
19 (parcels 15B,18 and 19 were combined by the Real Estate Assessor's Office)
with three (3) theoretical development rights.
Deed Book 1548, Page 49, dated June 20, 1996, conveyed from Cordelia S. Lenz, Sole
Acting Trustee to Kristi L.G. Crosby the property referenced as the Cash Corner Plat,
containing 54.094 acres more or less. This transaction had no effect on the parcels.
Deed Book 1660, Page 341, dated December 8, 1997, conveyed from Kristi L.G.
Crosby to Gjerdingen Partners, Ltd., the property referenced as the Cash Corner Plat,
containing 54.094 acres more or less. This transaction had no effect on the parcels.
Deed Book 1660, Page 341, dated December 8, 1997, conveyed from Kristi L.G.
Crosby to Gjerdingen Partners, Ltd., the property referenced as the Cash Corner Plat,
containing 54.094 acres more or less. This transaction had no effect on the parcels.
The most recent transaction in Deed Book 1980, Page 383, and dated December 20,
2000, conveyed from Gjerdingen Partners, Ltd., to William R. Sommer, Trustee of the
William R. Sommer Family Trust, the property referenced as the Cash Corner Plat,
containing 54.094 acres more or less. This transaction had no effect on the parcels.
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 have any questions, please contact me.
Sincerely,
0
Sar D. Baldwin
Senior Planner
Designee to the Zoning Administrator
Copy: File
Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors