HomeMy WebLinkAboutLOD201300023 Letter of Determination 2014-02-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 19, 2013
Evergreen 651 LLC
c/o Therese Elron
1125 Old Garth Road
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION OF PARCELS --Tax Map Parcel - 0591)1-02-0H-
01400 (Property of Evergreen 61 LLC) - Samuel Miller Magisterial District
Dear Ms. Elron:
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 Parcel 059D1 -02-0H-01400 is two R-1 zoned parcels of record. The basis for
this determination follows.
Our records indicate Tax Map 59D1 -02-0H, Parcel 14 contains 3.35 acres and one (1)
dwelling. The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 4419, page 397.
This analysis begins with the deed of record in Deed Book 458, page 327 that is dated
May 20, 1969. The deed is a "Statement of Subdivision of Section Four" and contains
reference to an attached plat by R. O. Snow and Associates, Certified Land Surveyors
dated March 24, 1969 that shows lots 14-19, Section Four. Based on this deed, Tax
Map Parcel 059D1 -02 -OH -01400 is determined to be two parcels of record (Lots 14
& 15 on referenced plat), zoned R-1 residential. Each of the two lots contain more
than one acre of land.
Deed Book 458, page 618, dated May 22, 1969, conveyed "those two certain lots or
parcels of land... containing in the aggregate 3.347 acres of land and designated as Lot
Nos. 14 and 15, both in block H, Section Four of Ednam Forest Subdivision..." from The
Ednam Forest Corporation to W. W. Talbott and Barbara N.(sic) Talbott, husband and
wife..". The land is described as the same as shown on the plat referenced in Deed
Book 458, page 327. This transaction had no effect on the parcels.
In 1970 Mr. and Mrs. Talbott had built a single family residence on the two lots, which
rested across the common lot line of the lots. No plat or deed was recorded at the time
to officially combine Lots 14 & 15. This action had no effect on the parcels.
Evergreen 651, LLC
November 19, 2013
Page 2
Deed Book 611, page 316, dated December 20, 1976, conveyed 3.347 acres from W.
W. Talbott and Barbara M. Talbot to Barbara M. Talbott. The property is described as
being the same as was conveyed by Deed Book 458, page 618. This transaction had
no effect on the parcels.
Deed Book 4340, page 173, dated April 24, 2013, conveyed 3.347 acres from the
Executors of the Estate of Barbara M. Talbott to the Trustees of the Eugenia Elizabeth
Talbott Trust and the Trustees of the Elissa Talbot Tatton Trust, "both Trusts Under the
Will of Barbara M. Talbott". The property is described as being the same as was
conveyed by Deed Book 611, page 316. This transaction had no effect on the
parcels.
Deed Book 4419, page 397, dated September 25, 2013, conveyed 3.347 acres from
the two Trusts under the Will of Barbara M. Talbott as defined in Deed Book 4340, page
173, to Evergreen 651, LLC. The property is described as being the same as was
conveyed by Deed Book 4340, page 173. This transaction had no effect on the
parcels.
It should be noted that in order to build a second single family residence on this
property a Boundary Line Adjustment, which places the current residence on its
own lot having at least one acre and leaves at least one acre vacant, will have to
be submitted to the County Department of Community Development for review
and approval.
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.
Sin
Ronald L. Higgins, AICF"
Chief of Zoning/Deputy Zoning Administrator
Copy: Real Estate
Ella Jordan, Clerk of the Board of Supervisors
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