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HomeMy WebLinkAboutLOD200900024 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 March 5, 2010 Julius L. Lively, Jr. 2604 Thomas Jefferson Parkway Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 93, Parcels 53, 53C, 53D, 54 & 54C1 (Property of Julius L. Lively) Scottsville Magisterial District Dear Mr. Lively: 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 the above referenced Tax Map/Parcels each have theoretical development rights as outlined in the following table. The basis for this determination follows the table. Parcel Acreage Development Rights TM 93, Parcel 53 90.950 acres 5 TM 93, Parcel 53C 10.650 acres 5 TM 93, Parcel 53D 10.500 acres (5) TM 93, Parcel 54 184.570 acres 4 TM 93, Parcel 54C1 19.860 acres (3) Totals 316.530 acres (22) Our records indicate Tax Map 93, Parcel 53 contains 90.950 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1450, page 214. Our records indicate Tax Map 93, Parcel 53C contains 10.650 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1450, page 214. Our records indicate Tax Map 93, Parcel 53D contains 10.500 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1450, page 214. Our records indicate Tax Map 93, Parcel 54 contains 184.570 acres and two (2) dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1749, page 130. Our records indicate Tax Map 93, Parcel 54C1 contains 19.860 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 2980, page 398. This analysis begins with the deed of record in Deed Book 396, page 64 that is dated March 10, 1964. The deed involved conveyances of small parcels off of and onto Tax Map 93, Parcel 54, between J. L. & Joyce T. Lively, husband and wife, and Sallie E. Thomas. This deed resulted in a parcel of approximately 5.5 acres retained by the Livelys as shown on a plat by William S. Roudabush, CLS dated, February, 1964. Deed Book 484, page 406, dated March 3, 1971, conveyed 240 acres, more or less, from Sallie E. Thomas, widow, to Julius L. & Joyce T. Lively, husband and wife. The land is described as the residue of the 245.62 acre tract minus those tracts of land described in Deed Book 396, page 64. This deed establishes Tax Map 93, Parcel 54 as a parcel of record. The most recent instrument for parcel 54C1 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 484, page 406, and is dated March 3, 1971. The deed conveyed 240 acres, more or less, known as Tax Map 93, Parcel 54 of which 54C1 was still a part. Based on this deed, Tax Map 93, Parcel 54C1 is determined to not be a parcel of record as of December 10, 1980. Deed Book 502, page 149, dated February 10, 1972, conveyed 124.75 acres, more or less, known as Tax Map 93, Parcel 53, from J. Harvie, Jr. & Evelyn B. Martin, husband and wife, to Earl M. & Emmye L. Martin, husband and wife. This deed establishes Tax Map 93, Parcel 53 as a parcel of record. The most recent instrument for parcel 53 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 509, page 68, and is dated June 21, 1972. The deed conveyed 33.8 acres from Earl M. & Emmye L. Martin, husband and wife, to Earl M., Jr. & Linda Martin, husband and wife. The property is described as being a portion of the same as was conveyed by Deed Book 502, page 149. Based on this deed, Tax Map 93, Parcel 53 is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 605, page 141, dated September 7, 1976, conveyed 21.15 acres, more or less, from William H. Grimm & Blake B. Woodson, Trustees, to Earl M. Martin, Jr. and Linda G. Martin. The property is described as being the same as "Parcel 2" (now Tax Map 93, Parcel 53C) shown on a plat by William S. Roudabush, Inc., dated August 2, 1976. This transaction establishes Tax Map 93, Parcel 53C as a parcel of record. The most recent instrument for parcel 53C recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 605, page 145, and is dated August 4, 1976. The deed conveyed 21.15 acres, more or less, known as Tax Map 93, Parcel 53C, from Earl M., Jr. & Linda G. Martin, husband and wife, to Julius L., Jr. & Joyce T. Lively, husband and wife. Based on this deed, Tax Map 93, Parcel 53C is determined to be a parcel of record with five (5) theoretical development rights. The most recent instrument for parcel 53D recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 610, page 566, and is dated December 7, 1976. The deed conveyed 10.50 acres, more or less, known as Tax Map E 93, Parcel 53D, from Julius L., Jr. & Joyce T. Lively, husband and wife, to Thomas Lee Lively. Based on this deed, Tax Map 93, Parcel 53D is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 618, page 314, dated October 25, 1976, conveyed 5 acres from Julius L., Jr. & Joyce T. Lively, husband and wife, to William S. & Judith L. Mallory, husband and wife. The property is described as being a portion of the same as was conveyed by Deed Book 484, page 406. This transaction had no effect on the residue of parcel 54. The most recent instrument for parcel 54 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 652, page 702, and is dated July 24, 1978. The deed conveyed 8.38 acres off of Tax Map 93, Parcel 54, leaving it with approximately 227.24 acres. Based on this deed, Tax Map 93, Parcel 54 is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 749, page 568, dated September 20, 1982, conveyed 28.19 acres from Julius L., Jr. & Joyce T. Lively, husband and wife to Judith L. Mallory. The property is described as being a portion of the same as was conveyed by Deed Book 484, page 406. This transaction reduced the acreage of Tax Map 93, Parcel 54 to 199.05 acres but had no effect on the parcel. Deed Book 763, page 684, dated May 20, 1983, conveyed 90.95 acres from Earl M. & Emmye L. Martin, husband and wife, to Julius L. & Joyce T. Lively, husband and wife. The property is described as being the residue of the same as was conveyed by Deed Book 502, page 149, less conveyances including 33.8 acres off -conveyed by Deed Book 509, page 68. This transaction had no effect on the parcel. Deed Book 1288, page 373, dated February 1, 1993, conveyed 10.50 acres from Thomas Lee Lively to Julius L., Jr. & Joyce T. Lively, husband and wife. The property is described as being the same as was conveyed by Deed Book 610, page 566. This transaction had no effect on the parcel. Deed Book 1450, page 214, dated January 9, 1995, conveyed from Julius L. Jr. & Joyce T. Lively, husband and wife, to Julius L. Lively, Jr. multiple parcels of land of 90.95 acres, 199.05 acres, 10.65 acres and 10.50 acres. The property is described as being the same as was conveyed by: Deed Book 763, page 684; Deed Book 484, page 406; Deed Book 605, page 145, and; Deed Book 1288, page 373. This transaction had no effect on the parcels. Deed Book 1749, page 130, dated September 23, 1998, conveyed 14.48 acres and one development right off of Tax Map 93, Parcel 54 from Julius L. Lively, Jr. to Thomas L. Lively. The property is described as being a portion of the same as was conveyed by Deed Book 484, page 406. This transaction resulted in the retention of four (4) theoretical development rights for the parent parcel, Tax Map 93, Parcel 54. Deed Book 2815, page 437, dated August 9, 2004, is a certificate of plat for Tax Map 93, Parcel 54C as divided into a 17.18 parcel and a 5.68 acre "Lot V. The total property is described on the plat as being the same as was conveyed by Deed Book 1749, page 130. This transaction resulted in the new Tax Map 93, Parcel 54C (later to become 54C1) of 17.18 acres retaining two (2) theoretical development rights. 3 Deed Book 2980, page 398, dated May 11, 2005, conveyed 3 acres from Thomas L. Lively to Gary G. & Linda R. Cornick, husband and wife. The property is described as being a portion of the same as was conveyed by Deed Book 1749, page 130. This transaction had the effect adding one (1) development right to Tax Map 93, Parcel 54C1 for a total of three (3) theoretical development rights. 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 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 $120. 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. Sincerely, Ronald L. Higgins, AICP Chief of Zoning Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors ACE Committee, c/o Ches Goodall Tax Map -Parcel Acreage 21 acre division 2 acre theoretical rights development rights 93-53 90.950 acres 3 5 93-53C 10.650 acres 0 5 93-53D 10.500 acres 0 5 93-54 184.570 acres 8 4 93-54C1 19.860 acres 0 3 n