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Home My WebLink AboutLOD200600029 Letter of Determination 2014-03-13OF AL �'IRGI1`11P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 14, 2006 Marilynn Gale Roudaush, Gale & Associates 914 Monticello Road Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 21A, Block C, Parcel 1, Rivanna Magisterial District (Property of William S. Roudabush, Jr. and Helen D. Roudabush) Section 10.3.1 CORRECTED LETTER Dear Ms. Gale: This letter replaces my letter to you dated November 29, 2006. This is revised to correctly identify the TM/P as 021AO-00-OC-00100. This contains no other changes. 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 21A, Parcel 1 is comprised of three separate parcels. Lot 1 and Lot 2 shown on an attached plat each contain one (1) theoretical development right. Parcel X shown on an attached plat is a well lot that contains zero development rights. The basis for this determination follows. Our records indicate Tax Map 21A, Parcel 1 contains 1 dwelling. The property is located in the Rivanna Magisterial District. The property is not an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1770, page 25. This analysis begins with the deed of record in Deed Book 345, page 190 that is dated November 10, 1958. This deed conveyed a lot from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush: The property is described as Lot 1, Block C on a plat of "Sandy Branch Resort Farms" by William S. Roudabush, Jr. and Associates that is dated September 1958 and recorded in the Clerk's office preceding the recordation of this conveyance. The plat is recorded in Deed Book 344, page 408. On the basis of this deed Lot 1 is a parcel of record with one development right. 1ADEMBUSMetermin of Parcel\2006\21A-1 Roudabush LOD 2006-029 CORRECTED.doc Marilynn Gale - l� December 14, 2006 Page 2 Deed Book 361, page 566, dated August 29, 1960, conveyed a parcel from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush. The property is described as Lot 2, Block C on a plat of "Sandy Branch Resort Farms" by William S. Roudabush, Jr. and Associates that is dated September 1958 and is recorded in Deed Book 344, page 408. On the basis of this deed Lot 2 is a parcel of record with one development right. Deed Book 411, page 44, dated September 7, 1965, conveyed a lot from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush. The property is described as Parcel X on a plat showing revisions to Lots 6 and 7, Block A and Lots 1 and 3, Block C, "Sandy Branch Resort Farms" by William S. Roudabush, Jr. and Associates that is dated March 19, 1962 and is recorded in Deed Book 378, page 355. The plat shows Parcel X, a 10 X 20 -foot portion of Lot 3 that is adjacent to Lot 1, Block C. Parcel X contains a water system and pump for the benefit of Lot 3 and Lot 1. It is determined that this is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. This 200 -square foot parcel was established as a well lot only and, therefore, does not have a development right. Deed Book 982, page 184, dated February 25, 1988, conveyed 3 parcels from William S. Roudabush, Jr. and Margaret L. Roudabush to William S. Roudabush, Jr. The parcels are identified as Lot 1, described by reference to Deed Book 345, page 190; Lot 2 described by reference to Deed Book 361, page 566 and Parcel X described by reference to Deed Book 411, page 44. This transaction had no effect on the status of these parcels. Deed Book 1770, page 25, dated November 4, 1998, conveyed Lot 1, Lot 2 and Parcel X as described above from William S. Roudabush, Jr. to William S. Roudabush Jr. and Helen D. Roudabush. This transaction had no effect on the status of these parcels. 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 $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. I:\DEPT\BCZS\Determin of Parce1\20060A-1 Roudabush LOD 2006-029 CORRECTED.doc Marilynn Gale December 14, 2006 Page 3 Sincerely, �G-� John ShLcepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Ella Carey, Clerk to the Board of Supervisors Attached: Plat recorded in Deed Book 344, page 408 Plat recorded in Deed Book 378, page 355 1ADEFRBUSTetermin of Parce112006\21A-1 Roudabush LOD 2006-029 CORRECTED.doc COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 29, 2006 Marilynn Gale Roudaush, Gale & Associates 914 Monticello Road Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 21A, Parcel 1, Rivanna Magisterial District (Property of William S. Roudabush, Jr. and Helen D. Roudabush) Section 10.3.1 Dear Ms. Gale: 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 21A, Parcel 1 is comprised of three separate parcels. Lot 1 and Lot 2 shown on an attached plat each contain one (1) theoretical development right. Parcel X shown on an attached plat is a well lot that contains zero development rights. The basis for this determination follows. Our records indicate Tax Map 21A, Parcel 1 contains 1 dwelling. The property is located in the Rivanna Magisterial District. The property is not an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1770, page 25. This analysis begins with the deed of record in Deed Book 345, page 190 that is dated November 10, 1958. This deed conveyed a lot from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush. The property is described as Lot 1, Block C on a plat of "Sandy Branch. Resort Farms" by William S. Roudabush, Jr. and Associates.that is dated September 1958 and recorded in the Clerk's office preceding the recordation of this conveyance. The plat is recorded in Deed Book 344, page 408. On the basis of this deed Lot 1 is a parcel of record with one development right. Deed Book 361, page 566, dated August 29, 1960, conveyed a parcel from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush. The property is described 'as Lot 2, Block C on a plat of "Sandy Branch Resort Farms" by William S. Roudabush; Jr. and Associates that is dated September 1958 and is recorded in Deed Book 344, page 408. On the basis of this deed Lot.2 is a parcel of record with one development right. I:\DEPT\BCZS\Determin of Parcel\2006\21A-1 Roudabush LOD 2006-029.doc Marilynn Gale November 29, 2006 Page 2 Deed Book 411, page 44, dated September 7, 1965, conveyed a lot from William C. Smith and Mary L. Smith to William S. Roudabush, Jr. and Margaret L. Roudabush. The property is described as Parcel X on a plat showing revisions to Lots 6 and 7, Block A and Lots 1 and 3, Block C, "Sandy Branch Resort Farms" by William S. Roudabush, Jr. and Associates that is dated March 19, 1962 and is recorded in Deed Book 378, page 355. The plat shows Parcel X, a 10 X 20 -foot portion of Lot 3 that is adjacent to Lot 1, Block C. Parcel X contains a water system and pump for the benefit of Lot 3 and Lot 1. It is determined that this is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. This 200 -square foot parcel was established as a well lot only and, therefore, does not have a development right. Deed Book 982, page 184, dated February 25, 1988, conveyed 3 parcels from William S. Roudabush, Jr. and Margaret L. Roudabush to William S. Roudabush, Jr. The parcels are identified as Lot 1, described by reference to Deed Book 345, page 190; Lot 2 described by reference to Deed Book 361, page 566 and Parcel X described by reference to Deed Book 411, page 44. This transaction had no effect on the status of these parcels. Deed Book 1770, page 25, dated November 4, 1998, conveyed Lot 1, Lot 2 and Parcel X as described above from William S. Roudabush, Jr. to William S. Roudabush Jr. and Helen D. Roudabush. This transaction had no effect on the status of these parcels. 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 $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 I:\DEPi113CZS\Determin of Parce] 2006\21A-1 Roudabush LOD 2006-029.doc Marilynn Gale November 29, 2006 Page 3 Copy: Gay Carver, Real Estate Supervisor Ella Carey, Clerk to the Board of Supervisors Attached: Plat recorded in Deed Book 344, page 408 Plat recorded in Deed Book 378, page 355 1ADEPTOCMDetermin of Parcel\2006121A-1 Roudabush LOD 2006-029.doc V �O as .� Co � z fb I . yv CURVE RADIUS TANGENT ARC 1 310 32' 157.09' 44.35 86.46 . 2 180 101 449.111 71.801 142.40 3 170 5q' 653.16 103.16' 204.63' 4 240 461 247.73' 54.39' 107.08' 5• 980 301 45.40' 52.691 78.05' 6 810 301 68.081 58.66' 96.841 7 50 071 1666.13' 74.44' 148.79' 8 1090 41' 32.83' 46.62' 62.85' 9 700 191 36.7.9' 25.91' 45.15' 10 9o° 201 201 31.421 11 400 221 116.021 42.651 81.741. PLAT OF I'SANDY BRANCH RESORT FARMS11 SUBDIVISION, A PART OF 130.55 ACRE TRACT OF LAND BELONGING TO WILLIAM C. SMITH, LOCATED ON STATE ROUTE 641 1.5 MI. EAST OF U. S. ROUTE 29, ALBEMARLE COUNTY, VA. SCALE:, 111 = 2001. Sept., 1958. WILLIAM S. ROUDABUSH, JR., & ASSOCIATES Certified Land Surveyo VIRGINIA: IN THE CLERKIS OFFICE OF ALBEMARLE CIRCUIT COURT, November 26, 1958. This deed was presented to me in said office and with certificate annexed admitted to record at 3:50 M. And Plat attached. S1./t lrJ' .z y'N� I,Yy(r• r�„ Ol d COUNTY PLANNINGICOMMISSION J BOARD OF SUPERVISC' n /CHAIRMAN /' CHAIRMAN • • ,, •.,, -/ �/-S CRE AR - • • � 1 � � :� 7J/ SECRETARY • /. /1 EL , Y � � . .:.;>-, is —.. __..__—.. .. ...___ DATE... .. ..._. ..._ .._... .. :. ...._ ... _... .. __.._—_ .._....._._... _—_ DATE OWNERS 'APPROVAL' THIS ,SUBDIVISION IS MADE WITH THE CONSENT OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES. ALL ROADS ' AND STREETS, INTHI.S ..,SUBDIVISIQN; AREE;MAINTAIfJED;PRIVf+TELY:%• _ ! = I�ot'e Lots are eucject to -a . d1 2 .fifty-five (`i' �) ,.foot. <' m' pAeusN,�R' setback line .from -the � WS,FIou t. cen&rlii1E of private ; -- ?road: Z. ' o p o t3 5270391E w 3 O°.N 10.0 M Nm lou ppRG� ae s - N27°39'W g y�xb.. .. OJO, . H N s° SCALE I"= 50' . a, 5 sgHo,B•� o. R a 0 T q� . ED n,R?Y'y y , z SCALE I 200I< Edi 1Fj `e k1 w., 1. m 26000 00_..O Q, ISD iD Q N 0 250.00 O N O7 - ---- -- INDICATES OLD LOT LINES 250.00 INDICATES IRON PIN. " i'r,rvl4 [+0 Nq2°13 h kSANp-� N � 1fle F SMITH is PLAT SHOW INB REVhS�ONS,TO LOT 6BI, BLOCK A "qND LOTS.18h3,': BLOCK C I`S.AN;D/�(I ABRANCH :RESORT.FARMS�I STATE ROUTE .641 1,5 -MILE EAST OF U. S. .ROUTE 29 yM i ALBEMARLE" .COUNTY, ': VA. I. MARCH 19, 1962 'aft CERTIFIED TO BE A CORRECT Jlclt may; Y s �JAND ACCURATE SURVEY.. �' / �� _ p � - 0 f; _ O WILUAM S, "UB'RUSH Jli. . > r CERTIFIED LAND SUIIYEitox V CERTIFICATE Na. ale[ 655 V� A'.RWIl1LIAM S��•ROUD JI�IIr�G=+.W-'-- c' -'l ., ��,e,�oa-•-