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HomeMy WebLinkAboutLOD200500044 Legacy Document 2014-03-20ALS C.)� vIRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 January 5, 2006 Donal G. and Elizabeth B. Chester 5381 Stoney Point Pass Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 65, Parcel 11, 11 B & 11 C (Property of Donal G. Chester Revocable Trust-, ) Section 10.3.1 Dear Mr. and Mrs. Chester: 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 65, Parcel 11 has five (5) theoretical development rights. Tax Map 65, Parcel 11 B has one (1) theoretical development right. Tax Map 65, Parcel 11 C has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 65, Parcel 11 contains 22.011 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2948, page 405. Our records indicate Tax Map 65, Parcel 11 B contains 2.45 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2948, page 405. Our records indicate Tax Map 65, Parcel 11 C contains. 52.000 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2948, page 405. The most recent instrument for Parcel 11 B recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 355, page 419 and dated June 11, 1957. The deed conveyed approximately 2.45 acres from Elizabeth H. Chester and Alan A. Chester to Donal G. Chester. The property is shown on a plat of C. H. Shapleigh that is dated April 1957. On the basis of this deed the 2.45 -acre tract, designated as Parcel 11 B on Tax Map 65, is determined to be a parcel of record with one (1) development right. I:\DEPTOUS\Determin of Parcel\2005 ACE\65-11 & 11 B & 11 C Chester ACE.doc Donal G. and Elizabeth B(" Mester 0January 5, 2006 J Page 2 The most recent instrument for Parcels 11 and 11 C recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 526, page 286 and dated March 21, 1973. This Deed of Partition divided Music Hall Farm into four parcels. Parcel 1, containing 22 acres was conveyed to Mary Elizabeth Chester Owen. The parcel is designated as Parcel B on a plat by B. Aubrey Huffman & Associates, dated January 9, 1973. Parcel 4, containing 52 acres was conveyed to and Donal Gorden Chester. The parcel is designated as Parcel A on the Huffman plat, dated January 9, 1973. On the basis of this deed the 22 -acre tract, designated as Parcel 11 on Tax Map 65, is determined to be a parcel of record with five (5) development rights and the 52 -acre parcel, designated as Parcel 11C on Tax Map 65, is determined to be a parcel of record with five (5) development rights. Deed Book 1419, page 400, dated July 21, 1994, conveyed 22.011 acres from Mary Elizabeth Chester Owen to Donal Gordon Chester and Elizabeth B Chester. The parcel is shown on a physical survey by B. Aubrey Huffman and Associates, dated June 21, 1994. The parcel is further described by reference to Deed Book 526, page 286. The deed noted that it is intended that this parcel and the adjoining Parcel 11 C be merged and become a single parcel. These parcels were not combined on the tax map. Such a combination, after December 10, 1980, would not have extinguished the development rights of the original parcels. This transaction had no effect on the development rights associated with the original parcels of record described above. Deed Book 2948, page 405, dated February 11, 2005, conveyed 2 parcels from Donal G. Chester and Elizabeth B. Chester to Donal G. Chester, Trustee, and Elizabeth B. Chester, Trustee. The parcels are described, in part, on Schedule A as follows: Parcel 1: All that parcel containing 22.011 acres shown on the plat of record in Deed Book 1419, page 402. Parcel 2: All that parcel consisting of 2.45 acres shown on the plat of record in Deed Book 355 page 420. This transaction had no effect on the development rights associated with the original parcels of record described above. 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 le: 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 it has land to make. I:\DEPT\BMTetermin of Parcen005 ACE\65-11 & 11 B & 11 C Chester ACE.doc Donal G. and Elizabeth B ^pester January 5, 2006 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, 144C-1� John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor McChesney Goodall, ACE Coordinator TM/P ACREAGE DEVELOPMENT DIVISION RIGHTS @ 21 RIGHTS ACRES POTENTIAL 65-11 22.011 5 0 65-11 B 2.45 1 0 65-11 C 52.0 5 2 I:\DEPT\BCZS\Determin of ParceUO05 ACE\65-11 & 11B & 11C Chester ACE.doc