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HomeMy WebLinkAboutLOD200700014 Letter of Determination 2014-03-20COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 20, 2007 Mr. M. Lee Marston 688 Tewkesbury Lane Severna. -Park. MD 21146 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 72, Parcel 20A (Property of Little Parson's Run Land Trust) Whitehall Magisterial District Dear Mr. Marston: 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 72, Parcel 20A is one (1) parcel of record that has one (1) theoretical development right. The basis for this determination follows. Our records indicate Tax Map 72, Parcel 20A contains 100 acres and one (1) dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property, other than deeds of trust, changing the trustee and a gift of easement, is recorded in Deed Book 815, page 533. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance December 10, 1980, is recorded in Deed Book 490, page 565, and is dated June 11, 1971. The deed conveyed 2.95 acres off of the parent property of Tax Map 72, Parcel 20 from Cletus E. & Anastasia S. Juul-Nielson to the Commonwealth of Virginia, leaving a residue of 111.93 acres. Based on this deed, then Tax Map 72, Parcel 20 is determined to be the original parcel of record with five (5) development rights. Subsequent divisions resulted in the current Tax Map 72, Parcel 20, with two (2) development rights, which came from the 17.17 acre tract described below. I begin this analysis with Deed Book 326, page 465, dated September 11, 1956, which conveyed 152 acres from Marvin E. & Gabie E. Weast to Cletus & Anastasia Juul- Nielson. The property is described as being the same as was conveyed by Deed Book 271, page 472 to Mr. & Mrs. Weast. This transaction involved the original parent parcel from which came Tax Map 72, Parcel 20A. Deed Book 426, page 94, dated February 13, 1967, conveyed 27.22 acres from the Juul-Nielsons to the Commonwealth of Virginia (for the construction of 1-64) from the parent parcel of "142.10 acres", which we believe the records mistakenly identified, I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\72-20A LOD2007-14 Marston.doc actually meaning the 152 acre parent parcel conveyed in Deed Book 326, page 465 as indicated above. This transaction left the same parent parcel. Deed Book 490, page 565, conveyed the 2.95 acres to the Commonwealth of Virginia off of the parent parcel of the Juul-Nielsons on June 11, 1971. This left the parcel of record that was to become Tax Map 72, Parcel 20, with its five (5) development rights, as indicated above. Deed Book 815, page 533,. dated September 24, 1984, conveyed 100 acres of the parent parcel of Anastasia S. Juul-Nielson, widow of Cletus E. Juul-Nielson, to the Little Parson's Run Land Trust, the present owners. The plat by Frank A. Gregg, Certified Land Surveyor, dated September, 1984, that was approved by the County and recorded with this deed, stated that the five development rights would "be distributed as one (1) with the 100 ac. tract and the remaining four (4) with the 17.17 ac. Tract". The total of 117.17 acres being the result of a modern survey having been made. This transaction is the-basis-fGr-the determination that only one (1) development-right-gaes-with - - - - the 100 acre tract, which is the present day Tax Map 72, Parcel 20A. 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. Sin rely, Ronald L. Higgins, AICP Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Robert J. Kroner, Trustee James P. Waite, Real Estate Appraiser I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\72-20A LOD2007-14 2 Marston.doc.