HomeMy WebLinkAboutLOD200700006 Letter of Determination 2014-03-13SOF AL
�'IRGINSP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 14, 2007
Donna Bennett
6430 Sugar Hollow Road
Crozet, Virginia, 22932
RE: LOD 2007-006 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map25, Parcel 21A (Property of James or Donna
Bennett) Whitehall Magisterial District
Dear Ms, Bennett:
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 25, Parcel 21A potentially has more theoretical development rights than are
noted on the plat signed by the County on March 2, 1984. The basis for this
determination follows.
Our records indicate Tax Map 25, Parcel 21A contains 83.327 acres and 1 dwelling.
The property is in the Sugar Hollow Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 792, page 640.
Deed Book 279 page 117, dated April 21, 1948, conveyed 80 acres from T.O Carr,
Katie Carr Wood, Jennie Carr Woodson, Minnie Carr, Aubrey Carr, Margaret Carr
Hulvey, Louise Carr Cantrell, Forest McAllister, Charlotte McAllister Shreckhise, John
Shreckhise and Paul McAllister to David S. McLean. The land is described as 80 acres
being a portion of a 216 acre tract shown in Deed Book 99, page 337.
Deed Book 279 page 121, dated May 17, 1948, conveyed 72.75 acres from Sadie C
and J.T. Wood to David S. McLean. The land is described as description of two lots
contianing 72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a plat in
Deed Book 133, page 451.
Deed Book 294 page 455, dated March 14, 1951, conveyed 152.75 acres from David
S. McLean and Marjorie McLean to William Stevens. The land is described as three
parcels. 80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337
being the same land as contianed in Deed Book 279, page 117 and two lots contianing
72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a plat in Deed
Book 133, page 451 being the same land as contained in Deed Book 279, page 121.
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Deed Book 352 page 359, dated September 2, 1959, conveyed 152.75 acres from
William T. Stevens and Anne L. Stevens to George W. and Izetta V. Speck. The land is
described as three parcels being the same as contined in Deed Book 294, page 455.
80 acres being a portion of a 21.6 acre tract shown in Deed Book 99, page 337 and two
lots contianing 72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a
plat in Deed Book 133, page 451 being the same land as contained in Deed Book 279,
page 121.
Deed Book 453 page 526, dated January 21, 1969, conveyed 152.75 more or less
acres from George W. and Izetta V. Speck to C. George Speck. The land is described
as 152.75 acres more or less made up of three parcels contained in Deed Book 352,
page 359.
Deed Book 767 page 745, dated June 17, 1983, conveyed 166.654 acres from George
Speck to James Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler.
The land is described as 166.654 acres as shown on "Plat showing C. George Speck
Property, White Hall District, Albemarle County Virginia." Being the same land as
contianed in Deed Bo.ok 453, page 526. The difference in acreage from prior
conveyances is due to a modern survey being performed.
Deed Book 792 page 640, dated March 19, 1984, conveyed 2 lots of 83.327 acres from
James Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler to James
Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler. The land is
described as Lot A - 83.327 acres to Joseph Strickler and Bonnie Strickler and Lot B -
83.327 acres to James Bennett and Donna Bennett.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance December 10, 1980, is recorded in Deed Book 453, page 526, and is dated
January 21, 1969. The deed conveyed 152.75 acres known as Tax Map 25, Parcel 21.
Based on this deed, Tax Map 25, Parcel 21 (as it existed on December 10, 1980) is
determined to be three parcels of record with 12 development rights.
Tax Map 25, Parcel 21 (as it existed on December 10, 1980) consisted of three parcels
as described above. These three parcels were first conveyed in a single document in
Deed Book 294 page 455. The division of Parcel 21 that occurred in Deed Book 792
page 640 includes a plat that assigned development rights to the two parcels created
from Parcel 21. This plat assumed that Parcel 21 consisted of a single parcel and that
only 5 development rights were available. However, Parcel 21 consisted of three
parcels each with development rights. The assignment of development rights is a
follows:
1. 80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337 —
5 development rights.
2. Lot 2 (68.75 acres) as shown on a plat in Deed Book 133, page 451 — 5
development rights.
3. Lot 3 (4 acres) as shown on a plat in Deed Book 133, page 451 — 2 development
rights.
In order to reassign these development rights between the two parcels created by Deed
Book 792 page 640 you will need to submit a revised plat for review and approval by
the County. This plat will have to be signed by the owners of both parcels. This plat will
need to show the boundaries of the three parcels as they existed on December 10,
1980.
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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,
William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Carey, Clerk of the Board of Supervisors
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