HomeMy WebLinkAboutLOD200800008 Letter of Determination 2014-03-13 (2)AL�,�
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G1N1P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
April 15, 2008
Mr. Thomas Brannock
813 E. Jefferson Street
Charlottesville, VA 22902
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 42,
Parcel 37F (Property of Mary W. Bergin) Whitehall Magisterial District
Dear Tommy:
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 42, Parcel 37F is a parcel of record which has two (2) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 42, Parcel 37F contains 8.00 acres and one dwelling. The
property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2796, page 80.
This analysis begins with the deed of record in Deed Book 373, page 475 that is dated
November 1, 1961. The deed conveys 8 acres, more or less, from Eugenia Braun Reid
to John Graham and Mary Washington Graham, husband and wife, as show on a plat of
survey made by William S. Roudabush, Jr. and Associates, dated September 26, 1961
which is attached to the deed. This deed establishes the 8 acre tract as a parcel. of
record.
Deed Book 515, page 463, dated July 14, 1972, conveyed 15 acres from Harry R. &
Arline P. Cook, husband and wife, to John Graham and Mary Washington Graham,
husband and wife. The land is described as shown on a plat attached to the deed
prepared by Thomas D. Blue, C.L.S., dated February 24, 1972. The deed and plat
describe the 15 acres of real estate being conveyed as being added to the 8 acres of
property already owned by the Grahams. The property that was added to is the same
as was conveyed in Deed Book 373, page 475. This is also the most recent instrument
for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10,
1980. Based on this deed, the total. 23 acres is determined to be the parcel of
record with five (5) theoretical development rights.
Deed Book 629, page 432, dated August 25, 1977, conveyed 15 acres from John
Graham and Mary Washington Graham to John Graham. The property is described as
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\42-37F,LOD 2008-
008, Bergin.doc
being the same as was conveyed by Deed Book 515, page 463. This transaction had
the effect of separating the' 15 acre parcel from the 23 acres, which was later
found to not be a valid subdivision.
Deed Book 641, page 227, dated January 18, 1978, conveyed John Graham's "1/z
undivided interest" in 8 acres from John Graham, divorced, to Mary Washington
Graham, divorced. The property is described as being the same as was conveyed by
Deed Book 373, page 475. This transaction was a divorce decree that had the
effect, albeit illegally, of also "dividing" the property into the 8 acre parcel and the
15 acre parcel.
Deed Book 1182, page 504, dated October 1, 1991, conveyed the 15 acre tract from
John Graham to Mary E. Driskill. The property is described as being the same as was
conveyed by Deed Book 629, page 432. This deed included a valid plat of subdivision,
approved by Albemarle County September 25, 1991 which distributed three (3)
development right to the 15 acre tract (TM42-37H) and two (2) development rights to
the 8 acre tract (TM42-37F). That plat shows the 8 acre tract as having 7.77 acres,
based on accurate survey. This transaction establishes Tax Map 42, parcel 37F as
having two (2) theoretical development rights.
Deed Book 2796, page 80, dated June 29, 2004, is a deed of trust on the 8 acres on
behalf of Mary Washington Graham, divorced AKA Mary W. Bergin. The property is
described as being the same as was conveyed by Deed Book 641, page 227. This
transaction had the effect of establishing Mary W. Bergin as the owner of Tax Map
42, parcel 37F, otherwise it had no effect on the parcel or development rights.
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 Westions, please contact me.
osincereiy, -
onald L. Higgins, AIC
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\42-37F,LOD 2008- 2
008, Bergin.doc