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HomeMy WebLinkAboutLOD200600004 Legacy Document 2014-03-20OF AL (.. U 1 A'71' vl�iNtP COUNTY OF ALBEMARLE Department of Community Development - 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 23, 2006 Ian Jackson 21708 James Madison Highway Troy, VA 22974 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 73, Parcels 38F (Property of James H. Morris, Sr. Estate and Vivian W. Morris) Section 10.3.1 Dear Mr. Jackson: 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 73, Parcel 38F is a single parcel with three (3) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 73, Parcel 38F contains 6.676 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 570, page 394. This analysis begins with the deed of Record in Deed Book 295, page 265 that is dated May 18, 1951. This deed conveyed 147 acres from Everette C. Alexander and Lottie W. Alexander to William 0. Lewis and Katherine M. Lewis. The parcel is described as a portion of a parcel containing 160 acres. The deed excepts 19.4 acres from this transaction, described on a plat by Hugh F. Simms & Son, C.L.S's. The deed further describes the 19.4 -acre. parcel as having been conveyed to Harry Morris and Mamie Morris by the deed of record in Deed Book 273, page 334. Deed Book 391, page 93, dated July 27, 1963, conveyed 6.49 acres from Harry S. Morris and Mamie Morris to James H. Morris and Vivian W. Morris. The property is shown on a plat by Thomas D. Blue that is dated July 11, 1963. The plat references Deed Book 273, page 334 to further describe the parcel. This is a portion of the 19.4 - acre parcel described above. Deed Book 513, page 575, dated August 31, 1972, conveyed 2.004 acres from James - - H MMor-r-is— Sr --and Vivi-an W—Mor-r-is to—James-H—Mor-r-is-Jr--and-Kar-ia Z. Mor-r-is—T-he 2.004 acre parcel is shown on a plat by R.O. Snow & Associates dated July 7, 1972. As a result of this transaction the residue contained 4.486 acres. I:\DEPT\BCZS\Determin of Parcel\2006\73-38F Morris LOD 2006-004.doc Ian Jackson March 23, 2006 Page 2 The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 570, page 394 and is dated March 5, 1974. The deed conveyed 2.19 acres from Katherine Michie Lewis and James F. Johnson to James H. Morris and Vivian W. Morris. The property is designated as Parcel X on a plat by Thomas D. Blue attached to the deed. The plat has a note stating, "Parcel X is to become part and parcel of the James Morris property and is not to be used as a separate building lot..This division is for agriculture purposes only and therefore is exempt from Albemarle County Subdivision Ordinance." The subdivision ordinance in effect at that time exempted divisions of land for agricultural purposes only from County review and approval. The subdivision ordinance did not exempt divisions of land for the purpose, whether immediate or future, of sale and/or, building development. The note on the plat makes clear that Parcel X, containing 2.19 acres, was not created as a separate development lot. This transaction was essentially a boundary adjustment between the Morris property and the Lewis property. On the basis of the note on the Thomas D. Blue plat, it is determined that the resulting parcel, containing 6.676 -acres is a single parcel of record with three (3) development rights. 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. 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. Sincerely, w� John Shepherd Manager of Zoning Administration I:\DEPT\BCZS\Determin of Parcel\2006\73-38F Morris LOD 2006-004.doc