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Home My WebLink AboutLOD200600018 Review Comments 1989-12-19OV 1,11A, / / I mlN�� COUNTY OF ALBEMARL Department of Zoning 401 McIntire Road Charlottesville, Virginia 22001-4590 (804) 296-5875 December 19, 1989 Lindsay R. Barnes, Jr. McCallum & Kudravetz, P.C. P. 0. Box 224 Charlottesville, VA 22902 Frederick W. Payne, Jr. 412 East Jefferson Street, Suite B Charlottesville, VA 22901 James L. Camblos, III Camblos and Camblos 410 East Jefferson Street Charlottesville, VA 22901 Re: Sherwood Farms - Tax Map 76N, Parcels 8 and 8A: Properties of Hurt, Stoneburner and Reynolds/Pratt OFFICIAL DETERMINATION TO REVERSE THAT OF JUNE 16, 1989 Dear Gentlemen, Please forgive my delay in this written record of that which I have discussed verbally with each of you. This is an official determination to reverse my prior determination as to the "legal parcel of record", as stated in my letter of June 16, 1989 to Charles W. Hurt and Shirley L. Fisher, Trustees of Virginia Land Trust. It is my determination that each of these three (3) pieces of property constitute a separate legal parcel of record. This reversal is based on actions by County Officials to a) recognize these as separate parcels for taxing and mapping purposes, and to b) issue a building permit for a substantial improvement on the Stoneburner property. It is my opinion and that of the County Attorney that the County is estopped to assert the "violation" due to the actions of its officials in this case. Sherwood Farms Letter December 19, 1989 Page 2 In regards to development rights: the three parcels possess in total three development rights. This is as stated on the plat by William Morris Foster entitled "Plat Showing Tracts One through Five In Sherwood Farms" dated revised March 17, 1986. I concur with Mr. Barnes as stated in his letter of November 27, 1989: the 1.5 acre parcel possesses one (1) theoretical development right. It may however be unbuildable, and therefore the additional development right could be re -allocated. Once further information is available regarding this parcel's slopes and suitability for septic systems, it can be better addressed. The plat which was recorded for the sale of the parcel to the Reynolds/Pratt owners requires a recorded correction. The "Boundary Survey Showing A Portion of Parcel 01-8 . . ." dated May 3, 1988 by B. Aubrey Huffman & Associates, Ltd. shows subdivision of this parcel into the 11.2671 acre main tract and a 0.8665 acre bridle path. Mr. Payne, I am certain is aware of the many options available for resolution of this minor item. In closing, let me apologize for the inconvenience and difficulties caused by my previous determination. I appreciate the input by each of you to resolve the situation. If you should have any further questions, please do not hesitate to contact me. Sincerely, Amelia M. Patterson Zoning Administrator AMP/ st cc: Gay Carver, Real Wayne i.limberg, File Estate Dept. Director of Planning LAW OFFICES MCCALLUM Fb KUDRAVETZ, P. C. 250 EAST HIGH STREET P. O. BOX 224 CHARLOTTESVILLE, VIRGINIA 22902 GEORGE B. MCCALLUM, III ( 804) 293-8191 DAVID W. KUDRAVETZ FAX ( 804) 296-9641 LINDSAY R. BARNES, JR. October 24, 1989 Amelia M. Patterson Zoning Administrator Department of Zoning County Office Building 401 McIntire Road Charlottesville, VA 22901 Re: Sherwood Farms Dear Amelia: ETHAN A. MILLER OF COUNSEL I have now had an opportunity to discuss the Sherwood Farms situation with the owners, or representatives thereof, of the three non-contiguous tracts of land which are currently viewed by the County as constituting one parcel of record. As I know you are aware, this is a situation which has proved frustrating for both the County and the current landowners and has been doubtlessly complicated by (a) contradictory representations and understandings concerning development rights and (b) the fact that much of this subdivision pre -dates the adoption of the County's subdivision ordinance. What I hope to accomplish herein is to propose an acceptable method by which the County and the various landowners can resolve their various differences in a manner which, while not perfect, is satisfactory to each. The enclosed copy of Albemarle County Tax Map Section 76N (which I have taken the liberty of highlighting) depicts the three tracts as Tracts A, B and C. Tract A is owned by Charles Wm. Hurt and Shirley L. Fisher, as Trustees for the Virginia Land Trust, and has been owned by Dr. Hurt, in one fashion or another, for more than two decades. Tract B is owned by Douglas Stoneburner. Mr. Stoneburner purchased Tract B in 1985, and has, after receiving a building permit to do so, subsequently constructed his residence upon Tract B. Recently, because of the parcel of record impasse, he has been denied a building permit for the construction of a garage. Tract C is owned by Elizabeth Pratt and David Reynolds; they contracted to purchase it in 1988, after being mistakenly informed by John Horne that Tract C possessed several development rights. Also enclosed for your reference is a copy of a March 17, 1986 (revised) plat by Morris Foster. This plat contains the- iiriportant — note al-l-acat-ing—three development rights for what was then regarded as the residue of TMP 76N-8. Amelia M. Patterson October 24, 1989 Page Two In analyzing the parcel of record/ development rights situation, it seems to me that Tract B is much less problematic than its counterparts. I believe it is obvious that the County, in issuing a residential building permit to Mr. Stoneburner, has evidenced a de facto recognition of this tract as a separate parcel. I cannot conceive of a Board of Zoning Appeals' or Circuit Court decision which would, in effect, tell Mr. Stoneburner that his home is not situated upon a legal parcel. Further, it seems clear that, since Mr. Stoneburner purchased Tract B prior to the limiting development rights language on the 1986 Foster plat, such limiting language only applies to Tract A and Tract C. As I believe you are aware, Tract C, because it was thought at one time to possess several development rights, previously posed a seemingly insurmountable problem in terms of resolving the entire Sherwood Farms situation. Last week, I spoke with Ms. Pratt and, as a result of our conversation, I believe such previous problems have been greatly minimized. Ms. Pratt and Mr. Reynolds now desire to divide Tract C only once, thus using two of the development rights referenced on the 1986 Foster plat. Their position, it seems to me, obviates the need to engage in any further dispute concerning the number of development rights allocatable, either legally or practically, to Tract C. The final area of examination concerns Tract A. This is a 1.5 - acre piece which was created in the late 1950's when the present entrance to Sherwood Farms was constructed. To be sure, an assignment of a separate parcel number at such time would have eliminated many of the problems we have faced recently, but, nonetheless, there can be no doubt that this tract existed as a non- contiguous and completely separate tract prior to the adoption of the Albemarle County Subdivision Ordinance. Thus, I believe it can and should be recognized as a separate parcel. Given all the above, I propose that a new subdivision plat be prepared in which Tracts A, B and C are recognized as lawful parcels of record. Such a plat would allow Tract B to irrefutably possess the development right which has, in fact, already been recognized by the County, a right pre -dating the 1986 Foster plat. Tracts A and C could then be referenced on the plat as utilizing the three development rights noted on the 1986 Foster plat, with two rights being allocated to Tract C and one right being allocated to Tract A. In this way, it seems to me that each of the interested parties would receive something desired: the County would define, once and for all, the the developmental density in Sherwood Farms and would also be assured that all lands there were actual parcels of record; Mr. Stoneburner would be able to complete the construction of -his garage; Ms. Pratt and Mr. Reynolds would be able to proceed with their desire to construct their residence upon a portion of Tract C and se,11 the Amelia M. Patterson October 24, 1989 Page Three approved residue parcel culled therefrom, and Dr. Hurt's Tract A could, as a separate parcel, be offered for sale to an adjoining landowner. Amelia, if you would be so kind as to consider this proposal and advise me of your opinion, I would be grateful. If, given your familiarity with these various issues, you believe the proposal is worthy of serious consideration, I will prepare it in more formal form for presentation to Mr. Cilimberg. Thank you for your courtesy. I will look forward to hearing from you. LRB/kh Enclosure 0452.11 2-10/24/89 Ver trul rs, Lindsay R. Barnes, Jr. p6T as saes nK��tiARi �'"u� 74tJi�l;�G COUNTY OF ALBEMARLE COUN', lF ALBEMARLE FtANNING COMMISSION D SUPERV OR` I- so DaN J Desi a d Al sot S l# be I'* C This Dlrlsl.■ is made r .e conual althe undersigned o/••.rs, pprlal.n d_tru ea The Bbove appeored belore ma on 'nomLct,, I �� MY eewmI Ion aplrts 11 �Cri-Isb NothlY Publle C HNILOrtEO VI L L E Tae /and to lets diviei.s is —geeted rM. ?ON- For. *A E/ .reed kr Virginia, Land Trust OB.79S-.4M 600' eoele/es 73.. t6 Acre[. Tract Oe is [ompristd o/ T.M. 764,- E/ and 5.71 ors. o/ 7.M. 76N -B a T.M. 76N-8 Res/due has rtmo/ei4g 3 Oere/dpme4t Rights /or No further dir/sieh Of lhtse tracts and no mare /hon Parcels less than 2locs. in slit. age dwelling per /far/ without Planting Commleeioe Apprwvl. Chestaat Ooh Lane is a 40' Priru/e Rood end wi/l it dam/dined hr Me ornen or tracts One, Ten, rhrrf, B Farr PLAT SHO W I N G in arc Ord once with mvmtto once agree 0841 /a At receralrd T-.R-A-C—T-S—ON-E—T.H-R-O-U-GH.—F-I_V-E-1_N— Bmldmit Lines' Frm/ • 73' Rear, 35' Side • 15' 1 S H E R `V O O D F A R AI S /,as Rod or P,pe /a he se/ a/ oft Trarl Careers and So noted hereon prior to recordotioe aJ fete P/el. SAMUEL MILLER MAGIS.. DISTRICT. 1` ALBEMARLE COUNTY , VIRGINIA WIT. MORRIS FOSTER, NOVEMBER 10, 1982 Rev: MARCH 17 11985 LAND SURVEY OR p 10a 400 600 Boo 1000 C H A R L O TTES V ILLE, VIRSINIA SCALE IN FEET AP 4000 d N ALBEMARLE COUNTY D 1?.��L 14 GXc3TE1� ppolL TO tL rc gd e / K Q 3 4 1 2 �/I \ E M A > rot � F RSL li s 2 E > F A z N 0 1 � o iz D PARCEL I 13• ' FI A PARCEL 2 K E2 B J C EJ .D � E RESERVED 0 3 E 1 � - i'. M K 4� J rw�cv�-MtcT SHERWOOD FARMS ALLOCAP ON b ��'_: - �� MTS pit a nw� n iN6� TD ►� ��'� I!R Pfli?'lt=`04 ,D At i L -rre-*• X01:� ►ag g�N� c�r+�. SECTION 76N SAMUJEL MILLER DISTIC�AT I ALB�,IARLE COUNTY \ I 2 3 4 6 N C9f )o D *. 9 A aY c �t y. F u 2 E F A N 0 a C D it PARCEL I p FI C , K A PARCEL 2 E2 B J C D FJ I 0 E RESERVED 3 E I F y B 8 L I I 1 K ' SHERWUDD—FARMS 0 ,R SAMUEL MILLER DISTICT SECTION 76N