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HomeMy WebLinkAboutLOD200800014 Letter of Determination 2014-03-17�� pF AJL J$ GINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 28, 2008 Mr. J. Walker Richmond III Richmond and Fishburne .214 E. High St. Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 57, Parcel 46C; Tax Map 57, Parcel 46D and Tax Map 56, Parcel 114 (Property of Richard K. .and Elizabeth A Prins, as Trustees) Section 10.3.1 Dear Mr. Richmond: 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 57, Parcel 46C is a single parcel and contains five (5) theoretical development rights. Tax Map 57, Parcel 46D is a single parcel and contains three (3) theoretical development rights. Tax Map 56, Parcel 114 is a single parcel and contains five (5) theoretical development rights. The basis for this determination follows. Tax Map 57, Parcel 46C Our records indicate Tax Map 57, Parcel 46C has 57.519 acres and contains zero dwellings. The property is not located in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in .Deed Book 3075, page 516. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the ordinance, is recorded in Deed Book 521 Page 193 and dated December 12, 1972. The deed conveyed 64.919 acres from Williston L. Clover and Beverly H. Clover to R.K. Ramazani and Nesta S. Ramazani. The property. is shown and described on a plat by Mackie Engineering Company, dated December 6, 1972. On the basis .of this deed parcel 46C is determined to be a parcel of record with five development rights. Deed Book 1609, Page 463, dated May 1, 1997, conveyed 64.919 acres from R.K. Ramazani and Nesta Ramazani to Ramazani, L.C. The property is described as being the same as was conveyed by -the deed of record in Deed Book 521, -page 193. This transaction -had no effect onthe .development rights of the parcel. Walker Richmond August 28, 2008 Page 2 Deed Book 1640, page 160, dated August 22, 1997, conveyed 7.40 acres from Ramazani L.C. to Per 0. Sjolinder and Pamela S. Sjolinder. The property is described as Parcel X and shown on a plat by Roudabush, Gale and Associates dated July 18, 1997 and recorded in Deed Book 1640, Page 163. The plat conveyed 7.40 acres from Parcel 46C to Tax Map 73, Parcel 10A3. The plat notes that parcel 46C contains 57.519 acres and retains five (5) development rights. This transaction had no effect on the development rights of the residue of the parcel. Deed Book 3075 Page 516, dated September 23, 2005, conveyed 64.919 acres tract, less the 7.40 acre tract, from Ramazani, L.C. -to Richard K. Prins, Trustee of the Richard K. Prins Declaration of Trust. The property is described as being the same as was conveyed by the deed of record in Deed Book 521, page 193. This transaction had no effect on the development rights of the parcel. Tax Map 57. Parcel 46D Our records indicate Tax Map 57, Parcel 46D contains 6.432 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 2961, page 241. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the ordinance, is recorded in Deed Book 522, page 132 and dated January 15, 1973. The deed conveyed 6.432 acres from Williston L. Clover and Beverly H. Clover to William S. Edwards and Joan Y. Edwards, and R.K. Ramazani and Nesta S. Ramazani. The property is described as containing 6.432 acres and designated as Parcel "B" on a plat of Mackie Engineering Company recorded in Deed Book 521, page 197 dated December 6, 1972. On the basis of this deed, Parcel 46D is determined to be a single parcel of record with three (3) development rights. Deed Book 876, page 332, dated April 29, 1986, conveyed 6.432 acres from William S. Edwards and Joan Y. Edwards to David W. Munn and Robin L. Munn. The property is described as being the same as was conveyed by the deed of record in Deed Book 521, page 193. This transaction had no effect on the development rights of the parcel. Deed Book 2022, page 353, dated May 2, 2001, conveyed 6.432 acres from David W. Munn and Robin L. Munn to Elizabeth A. Prins. The property is described as being -the same as was conveyed by the deed of record in Deed Book 521, page 193. This transaction had no effect on the development rights of the parcel. Deed Book 2961 page 241, dated February 9, 2005, conveyed 6432 acres from Elizabeth A. Prins to Elizabeth A. Prins, Trustee of the Elizabeth A. Prins Declaration of Trust. The property is described as being the same as was conveyed by the deed of record in Deed Book 521, page 193. This transaction had no effect on the development rights of the parcel. Walker Richmond August 28, 2008 Page 3 Tax Map 56, Parcel 114 Our records indicate Tax Map 56, Parcel 114 contains 20.460 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 2961, page 241. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the ordinance, is recorded in Deed Book 504, Page 547 and dated April 1, 1972. The deed conveyed 19.782 acres from Williston L. Clover and Beverly H. Clover to William S. Edwards and Joan Y. Edwards. The property is described as containing 19.782 acres as shown on a plat of Mackie Engineering Company dated December 6, 1972. On -the basis of this deed, this parcel is determined to be a. single parcel of record with five (5) development rights. Deed Book 876, page 332, dated April 29, 1986, conveyed 19.782 acres from William S. Edwards and Joan Y. Edwards to David W. Munn and Robin L. Munn. The property is described as being the same as was conveyed by the deed of record in Deed Book 504, page 547. This transaction had no effect on the development rights of the parcel. Deed Book 2022, page 353, dated May.2, 2001, conveyed 19.782 acres from David W. Munn and Robin L. Munn to Elizabeth A: Prins. The property is described as being the same as was conveyed by the deed of record in Deed Book 504, page 547. This transaction had no effect on the development rights of the parcel. Deed Book 2416, page 476, dated March 21, 2003, conveyed 0.678 acres from Michael Sadler and Judith Ellen Sadler to Elizabeth A. Prins. No development rights transferred with this parcel. This transaction had no effect on the development rights of the parcel. Deed Book 2961 page 241, dated February 9,.2005, conveyed an aggregate of 20.460 acres from Elizabeth A. Prins to Elizabeth A. Prins, Trustee of the Elizabeth A. Prins Declaration of Trust. The property is described by reference to the deed of record in Deed Book 504, page 549 and DB 2416, page 476. 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. 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 Walker Richmond August 28, 2008 Page 4 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 Mr. and Mrs. Richard K Prins