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HomeMy WebLinkAboutLOD201100010 Letter of Determination 2014-02-26�'IRGII`ItP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 November 22, 2011 Dr. Joseph W. May, MD 5331 Louisa Road Keswick, VA 22947 Fax (434) 972-4126 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 65, Parcel 14A (Property of Joseph W. May) Rivanna Magisterial District Dear Dr. May: 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 65, Parcel 14A is two parcels of record having a total of seven (7) theoretical development rights as detailed in the table below. The basis for this determination follows the table. Parcel Acreage Development Rights Tax Map 65, Parcel 14A,(l) 12.00 acres 5 Tax Map 65, Parcel 14A,(2) 24.86 acres 2 Totals 36.86 acres 7 Our records indicate Tax Map 65, Parcel 14A contains 36.86 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 3474, page 151. This analysis begins with the deed of record in Deed Book 648, page 717 that is dated June 15, 1978. The deed of partition conveyed 12.00 acres to Joseph W. May and Constance S. May, husband and wife. The "survey" complied with the subdivision ordinance at the time. This is the most recent instrument for this twelve acre parcel (1) recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. This deed establishes the 12 acre portion of Tax Map 65, Parcel 14A (1) as a parcel of record with five (5) theoretical development rights. Deed Book 728, page 407, dated October 8, 1979, conveyed 43.49 acres from Basil W. Walker and Betty Walker, his wife, to Joseph W. May and Constance S. May, his wife. Dr. Joseph W. May, MD 2 November 22, 2011 This is the most recent instrument for the 24:86 acre parcel's parent parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. This deed references an attached plat which shows the 43.49 acres as being, what is now, a portion of Tax Map 65, Parcel 14A. The creation of these parcels was not a subdivision under the subdivision ordinance. This deed establishes the 43.49 acre tract behind then Tax Map 65,- Parcel -14A (2) --as a parcel of record with five (5) theoretical -development rights: - - -- -. Deed Book 1540, page 269, dated May 29, 1996, conveyed 12 acres and 43.49 acres, respectively from Joseph W. May and Constance S. May, husband and wife to Constance S. May. The property is described as being the same as was conveyed by Deed Book 648, page 717, (by referencing the plat with that deed) and Deed Book 728, page 407. This transaction had no effect on parcels (1) & (2). Deed Book 1697, page 409, dated April 28. 1998, off -conveyed 8 acres from the Constance S. May property described indeed Book 728, page 407. This transaction reduced the acreage of tract (2) to 35.49 acres and retained four (4) theoretical development rights for that parcel. Deed Book 2869, page 164, dated April 2, 2004, off -conveyed 10.49 acres in two parcels from the Constance S. May property described in Deed Book 1540, page 269. This transaction reduced the acreage of tract (2) to 25.00 acres and retained two (2) theoretical development rights for that parcel. Deed Book 3474, page 144, dated July 30, 2007, conveyed a total of 37 acres from Joseph W. May, Executor of the Estate of Constance S. May, to the trustees of the Constance S. May Trust. The property is described in the attachment to that deed as two parcels, one of 12 acres and one of 43.49 acres minus the off -conveyances above taking it to 25 acres. This transaction had no effect on the two parcels. Deed Book 3474, page 151, dated August 13, 2007, conveyed full interest in the 37 acres from the Constance S. May Trust to Joseph W. May. The property is described as being the same as was conveyed by Deed Book 3474, page 144 by reference to the same attachment describing two tracts of 12 acres and 25 acres, respectively. This transaction had no effect on the two 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 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 Dr. Joseph W. May, MD 3 November 22, 2011 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 any_quest_ions, please contact me. Since , R uI. 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 two parcels V 1 1 41 4 ul. t a)l LbI MWIM. W. 11 - otl I i r- fi jflj�ffl0jn '- (D CD 3 cl) LN a) MWIM. W. 11 - otl I i r- fi jflj�ffl0jn '- (D CD 3