The URL can be used to link to this page

Home My WebLink AboutLOD200500039 Legacy Document 2014-03-13U �'fRGIN1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 December 19, 2005 Kim C. Gall 4793 Wesley Chapel Road Free Union, VA 22940 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 28, Parcel 26 (Property of Kim C. Gall) Section 10.3.1 Dear Ms. Gall: 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 28, Parcel 26 has three (3) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 28, Parcel 26 contains 6.909 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1850, page 268. This analysis begins with the deed of record in Deed Book 155, page 311 that is dated March 30, 1914. This deed conveyed two tracts from W. T. Batten and Minnie Batten to G. A. Maupin. One of the tracts contained 116 acres, 3 roods & 25 poles and the other contained 13 acres & 2 roods. The tracts are shown on plats that are attached to the deed. The subject of this determination is a portion of the larger tract. Deed Book 257, page 512, dated August 21, 1943, conveyed 55 acres from R. W. Garrison and Annie S. Garrison to Ronald E. Lucas. The property is described by metes and bounds and by reference to Deed Book 189, page 441 and Deed Book 233, page 348. This is the northern portion of the 116 -acre tract shown on the plat of record in Deed Book 155. page 311. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 386, page 170 and dated February 26., 1963. The deed conveyed 43.67 acres from Ronald E. Lucas and Glenice N. Lucas to Vernon S. Maupin and Mary A. Maupin. The property is described as being a portion of the 55 -acre tract conveyed by the deed of record in Deed Book 257, page 512. The residue of the 55 -acre tract is calculated to contain 11.33 acres. The subject parcel is a portion of this 11+/- acre tract. On the basis of this deed the 11 +/- tract is ]ADEPMUSTetermin of Parcel\2005\28-26 Gall.doc Kim C. Gall December 19, 2005 Page 2 determined to be a parcel of record with a full compliment of development rights depending on the acreage. Deed Book 746, page 743, dated August 20, 1982, conveyed 2 acres from Ronald E. Lucas and Glenice N. Lucas to James K. Shifflet and Shelby G. Shifflett. The property is described as being a portion of the land conveyed by the deed of record in Deed Book 257, page 512. It is shown on a plat by R. O. Snow & R. W. Ray, Inc., dated May 17, 1982. The residue is shown to contain 6.67 acres. There is no reference to development rights on the plat. However, it is determined that as a result of this transaction parcel 26 containing 6.67 acres has three (3) development rights. Deed Book 1495, page 526, dated September 27, 1995, conveyed 6.67 acres from Glenice N. Lucas to Ulysses G. Turner, III and Alice P. Turner. The parcel is described by reference to the deeds of record in Deed Book 386, page 170 and Deed Book 746, page 741. This transaction had no effect on the development rights of Parcel 26. Deed Book 1529, page 45, dated March 28, 1996, conveyed 6.67 acres from Ulysses C. Turner, III and Alice P. Turner to Ulysses C. Turner, III, Trustee and Alice P. Turner, Trustee. The parcel is described as being the same parcel conveyed by the deed of. record in Deed Book 1495, page 526. This transaction had no effect on the development rights of Parcel 26. Deed Book 1633, page 334, dated August 7, 1997, conveyed 6.609 acres from Ulysses C. Turner, III, Trustee and Alice P. Turner, Trustee to Joseph A. Vanischak. The parcel is shown on a plat by B. Aubrey Huffman, dated August 4, 1997. The parcel is further described as being the same parcel conveyed by the deed of record in Deed Book 1529, page 45. As a result of the recordation of this deed and new plat, the parcel is found to contain 6.909 acres. This transaction had no effect on the development rights of Parcel 26. Deed Book 1633, page 347, dated August 7, 1997, conveyed 6.609 acres from Joseph A. Vanischak to Joseph A. Vanischak and Page T. Vanischak. The property is described as being the lot shown on the plat by B. Aubrey Huffman, dated August 4, 1997. This transaction had no effect on the development rights of Parcel 26. Deed Book 1850, page 268, dated August 4, 1999, conveyed 6.609 acres from Joseph A. Vanischak and Page T. Vanischak to Kim C. Gall. The property is described as being the lot shown on the plat by B. Aubrey Huffman, dated August 4, 1997. The property is firther described by reference to Deed Book 1633, page 347. This transaction had no effect on the size or the development rights of Parcel 26. 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. I:\DEPnBCZS\Determin of Parcel\2005\28-26 Gall.doc Kim C. Gall December 19, 2005 Page 3 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 Enclosed: Sketches showing the divisions of the original parcel Copy: Gay Carver, Real Estate Supervisor 1ADEFRBCMDetermin of Parcel\2005\28-26 Gall.doc rb d r7 g y •, . ti . V •C. L• p I LU � tiLn j f: U V\ U X � G J� A fF•' u n 'r