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HomeMy WebLinkAboutLOD200600021 Letter of Determination 2006-09-080 J$ vIRGIl`I1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 8, 2006 Lori Schweller LeClair Ryan 123 East Main Street 8t" Floor Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 21, Parcel 40 (Property of Stuart Kessler) and Tax Map 33, Parcel 41D (Property of Lot 2 LLC C/O Stuart Kessler) Section 10.3.1 Dear Ms. Schweller: 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 21, Parcel 40 is one single parcel and contains five (5) theoretical development rights. Tax Map 33, Parcel 41 D contains four (4) theoretical development rights within the bounds of the original 10.5 -acre parcel described in Deed Book 350, page 98. The location of these parcels is shown on the enclosed sketch. The basis for this determination follows. Tax Map 21, Parcel 40 Our records indicate Tax Map 21, Parcel 40 contains 104.918 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 931 page 304. The most recent instrument for Tax Map 21, Parcel 40 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 564, page 611 and dated August 26, 1974. The deed conveyed Parcel A and Parcel D containing 103.2967 acres and 1.6215 acres from Charles Wm. Hurt & Stuart Carwile, Trustees for the 747 Land Trust to Vaughn F. Bossow & Robert M. Musselman, Trustees for the Abalar Land Trust. The property is shown and described on a plat by B. Aubrey Huffman and Associates, dated May 17, 1974. The plat notes that Parcel D is to be added to & become a part of Parcel A & is not to be sold separately from Parcel A." It appears that Parcel D was added to Parcel A in order to provide 326.23 feet of road frontage. On the basis of this deed Parcel A and Parcel D, are determined to be one single parcel of record with five development rights. 1ADEPTSCMDetermin of Parcel\2006\21-40 & 33-41D Kessler LOD-2006-21.doc Lori Schweller September 8, 2006 Page 2 Deed Book 715, page 700, dated April 17, 1981, conveyed two tracts from Vaughn F. Bossow & Robert M. Musselman to Stuart A. Kessler and Catharina M. Kessler. The property is described as being the same as was conveyed by the deed of record in Deed Book 564, page 611. This transaction had no effect on the development rights of the parcel. Deed Book 931, page 304, dated December 16, 1986, conveyed the one-half interest as tenant in common from two tracts from Catharina M. Kessler to Stuart A. Kessler. The property is described as being the same as was conveyed by the deed of record in Deed Book 564, page 611 and Deed Book 715, page 700. This transaction had no effect on the development rights of the parcel. Tax Map 33, Parcel 41 D Our records indicate Tax Map 33, Parcel 41 D contains 21 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2161 page 339. This analysis begins with the deed of record in Deed Book 350, page 98 that is dated May 1, 1959. The deed conveyed three parcels from Joseph A. Turner & Louella W. Turner, Charles C. Turner, Orion I. Turner & Gillie Turner, Haywood L. Turner & Evelyn Turner, Dorothy T. Gates & Alfred Gates, Vivian T. Simms & Frank Simms, Ethel G. Gidney & Luther Gidney; the heirs of Charles L. Turner and Virginia M. Turner to Samuel G. Alrich & Virginia M. Alrich. The property is described as containing respectively 27 acres, 16 1/3 acres and 10 Y2 acres. These are the same parcels that were conveyed to the grantors by the deed of record in Deed Book 280, page 275 except for the portion of the 27 -acre tract located on the eastern side of Route 747. A plat recorded in Deed Book 119, page 111 shows that the portion of the residue of the 27 -acre parcel located on the western side of Route 747 contained 14.88 acres. There is also a plat by B. Aubrey Huffman, dated June 1959. This plat shows Parcel 2, containing 49.8 acres and Parcel 4 containing 2.20 acres. The 10.5 -acre tract and the 16.5 -acre tract are portions of Parcel 2. The residue of parcel 2 is calculated to contain 22.8 acres. On the basis of this plat the 10.5 -acre tract, the 16.5 -acre tract, the 14.88 -acre tract, the 22.8 -acre tract and the 2.20 -acre tract are each parcels of record. Deed Book 434, page 116, dated August 25, 1967, conveyed the interest in 35.6 acres of Allie M. Birckhead Davis, Roland M. Birckhead and Ethel S. Birckhead and Violet B. Tate & Gaines Tate to Samuel G. Alrich & Virginia M. Alrich. The property is described as being made up of 3 adjacent parcels shown on the plat recorded in Deed Book 119, page 111. The plat shows the three parcels containing 14.88 acres, 12.5 acres and 7.91 acres respectively. Only the 14.88 -acre parcel is a subject of this determination. This transaction had no effect on the status of the 14.88 -acre as a parcel of record. Deed Book 438, page 521, dated November 22, 1967, conveyed the interest in 35.6 acres of Cynthia C. Birckhead, Craig A. Birckhead & Aileen M. Birckhead, James J. I:\DEP'Rl3CZS\Determin of Parcel\2006\21-40 & 33-41 D Kessler LOD-2006-21.doc Lori Schweller September 8, 2006 Page 3 Birckhead & Vernell S. Birckhead, Joseph F. Birckhead & Lillian B. Birckhead and George M. Birckhead to Samuel G. Alrich & Virginia M. Alrich. The property is described as being made up of 3 adjacent parcels shown on the plat recorded in Deed Book 119, page 111. This transaction had no effect on the status of the 14.88 -acre as a parcel of record. Deed Book 441, page 18, dated November 22, 1967, conveyed the interest in 35.6 acres of Cynthia B. Cooper & Hugh Cooper to Samuel G. Alrich & Virginia M. Alrich. The property is described as being made up of 3 adjacent parcels shown on the plat recorded in Deed Book 119, page 111. This transaction had no effect on the status of the 14.88 -acre as a parcel of record. Deed Book 441, page 145, dated November 22, 1967, conveyed the interest in 35.6 acres of G. M. Birckhead, Jr. & Grace B. Birckhead to Samuel G. Alrich & Virginia M. Alrich. The property is described as being made up of 3 adjacent parcels shown on the plat recorded in Deed Book 119, page 111. This transaction had no effect on the status of the 14.88 -acre as a parcel of record. Deed Book 442, page 308, dated April 23, 1968, conveyed the interest of T. W. Birckhead and Daniel R. Birckhead in 35.6 acres from Jack N. Kegley, Special Commissioner to Samuel G. Alrich & Virginia M. Alrich. The property is described as being made up of 3 adjacent parcels shown on the plat recorded in Deed Book 119, page 111. This transaction had no effect on the status of the 14.88 -acre as a parcel of record. The most recent instrument for Tax Map 33, Parcel 41 D recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is a deed of exchange recorded in Deed Book 564, page 605 and dated August 15, 1974 between Charles Wm. Hurt & Stuart Carwile, Trustees for the 747 Land Trust and Samuel G. Alrich & Virginia M. Alrich. The deed conveyed 2.20 acres to Samuel G. Alrich & Virginia M. Alrich. The property is shown and described as Parcel 4 on a plat by B. Aubrey Huffman and Associates, dated June 1959 of record in Deed Book 350, page 102A. A portion of this parcel is now a part of Parcel 41 D. It provides road frontage for the parcel. On the basis of this deed and plat the 2.2 -acre parcel is a parcel of record with 1 development right. The deed conveyed 1.6215 acres to Charles Wm. Hurt & Stuart Carwile, Trustees for the 747 Land Trust. The property is shown and described as Parcel D on a plat by B. Aubrey Huffman and Associates, dated May 17, 1974 attached to this deed. It is further described as a portion of the parcel of record in Deed Book 350, page 98. As stated above, this 1.6215 -acre piece was added to Parcel 20 and is not a separate parcel of record. It has zero development rights. 1ADEPTSCMDetermin of Parce112006\21-40 & 33-41D Kessler LOD-2006-21.doc Lori Schweller September 8, 2006 Page 4 Deed Book 815, page 190, dated September 14, 1984, conveyed 64.6102 acres from Samuel G. Alrich to Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Deer Track Land Trust. The property is described as all those parcels on the westerly side of Route 747, shown as Parcel 41 on a plat by B. Aubrey Huffman and Associates, dated September 14, 1984. The property is further described by 8 deeds all of which are described above. Deed Book 863, page 402, dated October 1, 1985 conveyed 21 acres from Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Deer Track Land Trust to David R. Slonim. The property is designated as Lot 2 on a plat by B. Aubrey Huffman and Associates, dated July 25, 1985. The 21.00 -acre parcel is comprised of portions of the 10.5 -acre parcel, the 22.8 -acre parcel, the 2.20 -acre, parcel and the 16.6 -acre parcel described by reference to Deed Book 350, page 98 as well as the 14.88 -acre parcel described by reference to Deed Book 119, page 111. The plat assigns 4 development rights to the 21 -acre parcel. These are derived from the original 10.5 -acre parcel and shall only be utilized within the bounds of the original parcel. Deed Book 1431, page 62, dated September 16, 1994, conveyed 21 acres from David W. Kudravetz, Sole Acting Substitute Trustee to Nils R. Kessler. The parcel is described as the same property that was conveyed by the deed of record in Deed Book 863, page 402. This transaction had no effect on the development rights of the parcel. Deed Book 1884, page 299, dated May 24, 1999, conveyed 21 acres from Nils R. Kessler to Stuart A. Kessler. The parcel is described as the same property that was conveyed by the deed of record in Deed Book 1431, page 62. This transaction had no effect on the development rights of the parcel. Deed Book 2085, page 325, dated September 19, 2001, conveyed 21 acres from Stuart A. Kessler to Gary Goldberg. The parcel is described as the same property that was conveyed by the deed of record in Deed Book 1884, page 299. This transaction had no effect on the development rights of the parcel. Deed Book 2161, page 339, dated February 26, 2002 conveyed 21 acres from Gary Goldberg to Lot 2, LLC. The parcel is described as the same property that was conveyed by the deed of record in Deed Book 2085, page 325. This transaction had no effect on the development rights of 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 parcels 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 parcels may create as many smaller parcels containing a minimum of twenty-one acres as they have land to make. 1ADEPTSUSMetermin of Parce112006\21-40 & 33-41 D Kessler LOD-2006-21.doc Lori Schweller September 8, 2006 Page 5 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, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor 1ADEMBUMDetermin of Parcel\2006\21-40 & 33-41D Kessler LOD-2006-21.doc / 0