HomeMy WebLinkAboutLOD201300013 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
August 9, 2013
Ronald S Woodson & Kathy Y Woodson Trustees
KATHY Y WOODSON DECLARATION OF TRUST
2939 Mill Grove LN
North Garden VA 22959
RE: LOD2013-00013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 99, Parcel 52 (Property of KATHY Y WOODSON
DECLARATION OF TRUST; RONALD S WOODSON & KATHY Y WOODSON TRS)
Samuel Miller Magisterial District
Dear Mr. & Mrs. Woodson:
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 99, Parcel 52
is comprised of one (1) parcel of record with two (2) theoretical development rights. The basis
for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 99 Parcel 52
contains 90.702 acres and zero (0) dwellings. The property is zoned RA, Rural Areas and is in
the Hardware Agricultural/Forestal District.
The most recent deed for this property, recorded prior to December 10, 1980, the date of
adoption of the Zoning Ordinance, is recorded in Deed Book 679, page 755 and is dated
February 15, 1979.
PRIOR TO DECEMBER 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book / Pae
Y or N
373/265
07/25/1961
Y
All that certain tract or parcel of land containing 198.09
.204 - 6 =
acres, more or less being a portion of the property after 6
198
acres was devised to John L. Woodson after Daniel P.
Woodson's will was probated 02/18/1943
592/404
04/07/1976
N
All those certain tracts or parcels of real property more
192.60
particularly described as Parcel 51, Tax Map 99,
containing 14.28 acres, more or less, and Parcel 52, Tax
Map 99, containing 192.60 acres, more or less.
Parcel 52 is a portion of the property conveyed in DB 373
P 265
679/755
02/15/1979
N
All those certain tracts or parcels of real property more
192.60
particularly described as Parcel 51, Tax Map 99,
containing 14.28 acres, more or less, and Parcel 52, Tax
Map 99, containing 192.60 acres, more or less.
August 9, 2013
LO D-2013-00013
Page 2 of 3
AFTFR DECEMBER 10. 1980
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Rights
875/122
04/21/1986
N
All those certain tracts or parcels of real property
more particularly described as Parcel 51, Tax Map
192.60
5
99, containing 14.28 acres, more or less, and
Parcel 52, Tax Map 99, containing 192.60 acres,
more or less.
1309/260
05/07/1993
Y
All that certain parcel of real property more
particularly described as Parcel A, containing
64.436 acres being transferred and added to and
142.444
5
becoming a part of TMP 99-29.
The plat recorded with this deed book and page
refers to TMP 99-52 as a 206.88 acre parcel. The
plat incorrectly notes the combination of the 14.28
acres of what was designated as Parcel 51, Tax
Map 99, and Parcel 52, Tax Map 99, containing
192.60 acres.
The parcel should have been calculated as follows:
The 64.436 acres (Parcel A) was made up of the
majority of if not all of the 14.28 acres known as
TMP 99-51 and approximately 50.156 acres of
TMP 99-52 (14.28 + 50.156 = 64.436ac with zero
(0) Development rights assigned to Parcel A).
This would have left approximately 142.444
acres remaining with TMP 99-52.
3050/483
08/08/2005
N
All those certain tracts or parcels of real property
totaling 142.44 acres, more or less, consisting of
142.444
5
Parcel 51, Tax Map 99, containing 14.28 acres,
more or less, and Parcel 52, Tax Map 99,
containing 192.60 acres, more or less, LESS
AND EXCEPT, 64.436 acres conveyed in
DB1309 P260.
3121 /528
11/02/2005
Y
All that certain tract or parcel of real property
totaling 2.08 acres, more or less, shown as Lot 1
140.36
4
on the attached plat.
(Per the plat, 142.444 - 2.08 = 140.364 with
one 1 Development right assigned to Lot 1).
3795/114
09/04/2009
Y
All that certain tract or parcel of real property
totaling 47 acres, more or less, shown as Parcel X
93.364
2
on the attached plat being transferred and added to
and becoming a part of TMP 99-10.
(Per the plat, 140.364 - 47 = 93.364 with
two 2 Development rights assigned to Parcel X).
3845/569
11/16/2009
Y
All that certain tract or parcel of real property
totaling 2.622 acres, more or less, shown as.Parcel
90.702
2
Y on the attached plat being transferred and added
to and becoming a part of TMP 99-10.
(Per the plat, 93.364 - 2.622 = 90.702 with
zero 0 Development rights assigned to Parcel Y).
August 9, 2013
LO D-2013-00013
Page 3 of 3
On the basis of these deeds Tax Map 99, Parcel 52 is determined to be one parcel
of record, containing 90.702 acres+i
The parcel is 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.
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.
Sincerel ,
Francis H. MacCall
Principal Planner
Copy: Real Estate Tech, Real Estate
Ches Goodall, ACE Coordinator
Ella Jordan, Clerk of the Board of Supervisors
TM -P
Acreage
Division rights for 21 acre minimum parcels
Development rights
99-52
90.702
4
2
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013
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Geographic Data Services
www.albemarle.org
(434) 296-5832
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013