Loading...
HomeMy WebLinkAboutLOD201100015 Letter of Determination 2014-02-24COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 14, 2012 Mr. George B. McCallum, III c/o McCallum & Kudravetz, P.C. 250 East High Street Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map Parcel 44-27B -- (Property of Harry Burn, III) Jack Jouett Magisterial District Dear George: 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 44, Parcel 27B is four (4) parcels of record, with acreage and one development right added to one of those parcels, having theoretical development rights as detailed in the table below. The basis for this determination follows the table. *This is the actual total acreage of Parcel 27B as it includes Parcel "Y" (of 2.289 acres) added to it when the 33.751 acres were added. The County assessor's records indicate Tax Map 44, Parcel 27B contains 140.698 acres and no dwellings. The property is within the Moorman's River Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2349, page 266. Parcel Acreage Development Rights Tax Map 44, Parcel 27B 1 54.800 acres 5 Tax Map 44, Parcel 27B 2) 6.000 acres 3 Tax Map 44, Parcel 27B (pt. of 3) 28.936 acres 5 Tax Map 44, Parcel 27B pt. of 3 33.751 acres 1 Tax Map 44, Parcel 27B 4 19.500 acres 5 Totals 142.987 acres* 19 *This is the actual total acreage of Parcel 27B as it includes Parcel "Y" (of 2.289 acres) added to it when the 33.751 acres were added. The County assessor's records indicate Tax Map 44, Parcel 27B contains 140.698 acres and no dwellings. The property is within the Moorman's River Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2349, page 266. George B. McCallum, III August 14, 2012 Page 2 Tax Map 44, Parcel 27B (1) This analysis begins with Deed Book 207, page 247, dated December 5, 1929. The deed conveyed fifty-four and eight -tenths (54.8) acres from Annie E. Waddell and Belle H. Waddell to George T. Carr. This lot was as shown on a subdivision plat of the property attached to the deed. This deed establishes Tax Map 44, Parcel 27B (1) as a parcel of record. Deed Book 355, page 203, dated December 30, 1959, conveyed one-third interest in 54.8 acres from George T. Carr to Jessie Key Carr Haden. The property is described as being the same as conveyed by Deed Book 207, page 247. This transaction had no effect on the parcel. Deed Book 355, page 205, dated December 31, 1959, conveyed two-thirds interest in 64.00 acres to Barrackside Farm Corporation. The property is described as being the same as described in Deed Book 355, page 203. This transaction had no effect on the parcel. Deed Book 679, page 361, dated June 1, 1979, conveyed full interest in Tract A containing 106.947 acres to Jessie Key Carr Haden. This is the most recent instrument for parcel 44-27B (1) recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed did not specifically combine tracts. The property is described as being the same as was conveyed by Deed Book 355, page 203, Deed Book 355, page 197 and Deed Book 355, page 205. This deed establishes TMP44-27B (1) as a parcel of record prior to December, 1980 having five (5) theoretical development rights. Deed Book 916, page 78, dated December 23, 1986, conveyed Tract A containing 106.947 acres from Jessie Key Carr Haden and John P. Haden, her husband, to Harry Burn, III and Jean R. Burn, husband and wife. The property is described as being the same as was conveyed by Deed Book 679, page 361. This transaction had no effect on the parcel. Deed Book 2349, page 266, dated December 20, 2002, conveyed 142.987 acres from Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The property is described as being the same as was conveyed by Deed Book 916, page 78, and Deed Book 933, page 312. This transaction had no effect on the parcel. George B. McCallum, III August 14, 2012 Page 3 Tax Mar) 44. Parcel 27B (2 This analysis begins with Deed Book 355, page 203, dated December 30, 1959, which conveyed one-third interest in "an adjoining strip of land having a uniform width of 150 feet... and estimated to contain 6 acres..." acres from George T. Carr to Jessie Key Carr Haden. The property is described as being a separate piece of land "being a portion of a tract of 145 acres... conveyed to George T. Carr... by deed of November 6, 1918...". This deed establishes Tax Map 44, Parcel 27B (2) as a parcel of record. Deed Book 355, page 205, dated December 31, 1959, conveyed two-thirds interest in 64.00 acres to Barrackside Farm Corporation. The property is described as being the same as.described in Deed Book 355, page 203. This transaction had no effect on the parcel. Deed Book 679, page 361, dated June 1, 1979, conveyed full interest in Tract A containing 106.947 acres to Jessie Key Carr Haden. This is the most recent instrument for parcel 44-27B (2) recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed did not specifically combine tracts. The property is described as being the same as was conveyed by Deed Book 355, page 203, Deed Book 355, page 197 and Deed Book 355, page 205. This deed establishes TMP44-27B (2) as a parcel of record prior to December, 1980 having three (3) theoretical development rights. Deed Book 916, page 78, dated December 23, 1986, conveyed Tract A containing 106.947 acres from Jessie Key Carr Haden and John P. Haden, her husband, to Harry Burn, III and Jean R. Burn, husband and wife. The property is described as being the same as was conveyed by Deed Book 679, page 361. This transaction had no effect on the parcel. Deed Book 2349, page 266, dated December 20, 2002, conveyed 142.987 acres from the Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The property is described as being the same as was conveyed by Deed Book 916, page 78, and Deed Book 933', page 312. This transaction had no effect on the parcel. Tax Map 44, Parcel 27B (pt. of 3) This analysis begins with Deed Book 98, page 189, dated October 28, 1892, which conveyed 145.0 acres from George Perkins to George Carr. The property is described as being as shown on the plat, dated May, 1891, attached to that deed and recorded in Deed Book 98, page 191. This deed establishes the 145 acre tract as the parent parcel of record for the 28.936 acre piece of Tax Map 44, Parcel 27B (pt. of 3). George B. McCallum, III August 14, 2012 Page 4 Deed Book 169, page 266, dated August 5, 1918, conveyed 145.0 acres to George T. Carr. The property is described as being the same as was conveyed in Deed Book 98, page 189. This transaction had no effect on the parent parcel. Deed Book 355, page 197, dated December 31, 1959, conveyed one-third interest in 64.00 acres to Yates Carr Garnett.,The property is described as being a portion of the land as was conveyed by Deed Book 169, page 266. This transaction had no effect on the parent parcel. Deed Book 355, page 205, dated December 31, 1959, conveyed two-thirds interest in 64.00 acres to Barrackside Farm Corporation. The property is described as being the same as described in Deed Book 355, page 203. This transaction had no effect on the parcel. Deed Book 679, page 361, dated June 1, 1979, conveyed full interest in Tract A containing 106.947 acres to Jessie Key Carr Haden. This is the most recent instrument for parcel 44-27B (28.936 acre pt. of 3) recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed did not specifically combine tracts. The property is described as being the same as was conveyed by Deed Book 355, page 203, Deed Book 355, page 197 and Deed Book 355, page 205. This deed establishes TMP44-27B (pt. of 3), the 28.936 acre tract, as a parcel of record prior to December, 1980 having five (5) theoretical development rights. Deed Book 916, page 78, dated December 23, 1986, conveyed Tract A containing 106.947 acres from Jessie Key Carr Haden and John P. Haden, her husband, to Harry Burn, III and Jean R. Burn, husband and wife. The property is described as being the same as was conveyed by Deed Book 679, page 361. This transaction had no effect on the parent parcel. Deed Book 2349, page 266, dated December 20, 2002, conveyed 142.987 acres from the Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The property is described as being the same as was conveyed by Deed Book 916, page 78, and Deed Book 933, page 312. This transaction had no effect on the parcel. Tax Map 44, Parcel 27B (pt. of 3) This analysis begins with Deed Book 98, page 189, dated October 28, 1892, which conveyed 145.0 acres from George Perkins to George Carr. The property is described as being as shown on the plat, dated May, 1891, attached to that deed and recorded in Deed Book 98, page 191. This deed establishes the 145 acre tract as the parent parcel of record for the 33.751 acre piece of Tax Map 44, Parcel 27B (pt. of 3). George B. McCallum, III August 14, 2012 Page 5 Deed Book 169, page 266, dated August 5, 1918, conveyed 145.0 acres to George T. Carr. The property is described as being the same as was conveyed in Deed Book 98, page 189. This transaction had no effect on the parent parcel. Deed Book 355, page 197, dated December 30, 1959, conveyed one-third interest in 64.000 acres to Yates Carr Garnett. The property is described as being the same as described in Deed Book 169, page 266. This transaction had no effect on the parcel. Deed Book 355, page 205, dated December 31, 1959, conveyed two-thirds interest in 64.00 acres to Barrackside Farm Corporation. The property is described as being the same as described in Deed Book 355, page 197. This transaction had no effect on the parcel. Deed Book 679, page 361, dated June 1, 1979, conveyed full interest in Tract B containing 106.443 acres to Yates Carr Garnett. This is the most recent instrument for parcel 44-27B (pt. of 3), containing the 33.751 acres, recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed did not specifically combine tracts. The property is described as being the same as was conveyed by Deed Book 355, page 197 and Deed Book 355, page 205. This transaction establishes the parent parcel as a parcel of record prior to December, 1980 with five (5) theoretical development rights. Deed Book 933, page 312, dated December 23, 1986, conveyed 33.751 acres from Yates Carr Garnett and C. Mercer Garnett, her husband, to Harry Burn, III and Jean R. Burn, husband and wife. The property is described as being a portion of the same as was conveyed by Deed Book 679, page 361 and shown on an approved subdivision plat by Gloeckner, Lincoln & Osborne dated March 31, 1987. This transaction had the effect of dividing and transferring this 33.751 acres to "Tract A", which is Tax Map Parcel 44-27B, along with one (1) theoretical development right to be used within the buildable area of the 33.751 acres. This deed also conveyed a portion of "Tract E" of 2.289 acres and added it to "Tract A" without any develop rights being conveyed with it. Deed Book 2349, page 266, dated December 20, 2002, conveyed 142.987 acres from the Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The property is described as being the same as was conveyed by Deed Book 916, page 78, and Deed Book 933, page 312. This transaction had no effect on the parcel. Tax Map 44, Parcel 27B (4) This analysis begins with Deed Book 98, page 191, dated October 28, 1892; which conveyed 145.0 acres from George Perkins to George Carr. The property is described as being as shown on the plat, dated May, 1891, attached to that deed and recorded in George B. McCallum, III August 14, 2012 Page 6 Deed Book 98, page 191. This deed establishes the 145 acre tract as the parent parcel of record for the 19.500 acre piece of Tax Map 44, Parcel 27B (4). Deed Book 355, page 197, dated December 30, 1959, conveyed one-third interest in 64.000 acres to Yates Carr Garnett. The property is described as being a portion of the land as was conveyed by Deed Book 98, page 189. This transaction had no effect on the parcel. Deed Book 355, page 205, dated December 31, 1959, conveyed two-thirds interest in 64.00 acres to Barrackside Farm Corporation. The property is described as being the same as described in Deed Book 355, page 197. This transaction had no effect on the parcel. Deed Book 679, page 361, dated June 1, 1979, conveyed full interest in Tract A containing 106.947 acres to Jessie Key Carr Haden. This is the most recent instrument for parcel 44-27B (4) recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed did not specifically combine tracts. The property is described as being the same as was conveyed by Deed Book 355, page 203, Deed Book 355, page 197 and Deed Book 355, page 205. This deed establishes TMP44-27B (4) as a parcel of record prior to December, 1980 having five (5) theoretical development rights. Deed Book 916, page 78, dated December 23, 1986, conveyed Tract A containing 106.947 acres from Jessie Key Carr Haden and John P. Haden, her husband, to Harry Burn, III and Jean R. Burn, husband and wife. The property is described as being the same as was conveyed by Deed Book 679, page 361. This transaction had no effect on the parcel. Deed Book 2349, page 266, dated December 20, 2002, conveyed 142.987 acres from the Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The property is described as being the same as was conveyed by Deed Book 916, page 78, and Deed Book 933, page 312. 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 George B. McCallum, III August 14, 2012 Page 7 . 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 $240. The date notice of this determination was given is the same as the date of this letter. If you have,arry es ion, p e�ysse contact me at (434) 296-5832 ext. 3225. Sin rely, Ronald L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors Attachment: Map of the four parcels r 43-30B2 .___._._._ y=._ o f w t G r N° W rot 0 W t co d7 �f n D a; j.. m r(r i W G7 N M .A: ;oI •�1 � Ty'4 CY, � l i �l t L� 4 \ ?A N A ' o w" ti in A �o W hJ hi 1 — \ y CA) ti in A �o W hJ hi 1 gz ; CD g" a°H""$ SCD 3° Y CL O 3