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HomeMy WebLinkAboutLOD200600018 Letter of Determination 2006-09-08COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 8, 2006 David N. Reynolds 124 Overlook Drive Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 76N, Parcel 813 (Property of David N. Reynolds) Section 10.3.1 Dear Mr. Reynolds: I have reviewed our records and have found that Tax Map 76N, Parcel 813 has two development rights based on an official determination issued by the zoning administrator on December 19, 1989. This determination was based in part on a letter from Lindsay Barnes dated November 27, 1989 and a plat by Morris Foster revised on March 17, 1986. Copies of these documents are enclosed. The location of these three tracts is indicated on a tax map that is attached to Mr. Barnes letter. A clarification of the determination is provided below. Lindsay Barnes' letter references three tracts: Tract A, now designated as Tax Map 76N, Parcel 8 and containing 1.522 acres, Tract B, now designated as Tax Map 76N, Parcel 8A and containing 2.449 acres and Tract C, now designated as Tax Map 76N, Parcel 813 containing 10.117 acres. He notes that Tract A, containing 1.5 acres was created in the 1950s and should therefore be recognized as a separate parcel of record. The plat by Morris Foster, dated March 17, 1986 plat carries a note stating, "Residue has remaining 3 development rights for Parcels less than 21 acres in size." The zoning administrator's letter states that the three parcels possess in total three development rights. The letter also states that the 1.5 -acre parcel possess on-e-ttheoreticai-development right. lADEPT\BCZS\Determin of Parcel\2006\78N-8B Reynolds - Pratt LOD-2006-18.doc 0 0 - David N. Reynolds September 8, 2006 Page 2 Based on the above factors, I interpret the determination of December 19, 1989 as follows. Tax Map 76N, Parcel 8B contains two (2) of the development rights identified on the March 17, 1986 plat. The third development right identified on that plat was allocated to Tax Map 76N, Parcel 8A. Tax Map 76N, Parcel 8 was determined to be a separate parcel of record and on that basis has one (1) development right. The following deeds set forth the history of Tax Map 76N, Parcel 8B since December 19, 1989. Deed Book 1011, page 571, dated June 27, 1988, conveyed 11.2671 acres and 0.8665 acres from Charles Wm. Hurt and Shirley L. Fisher as Trustees for the Virginia Land Trust to David N. Reynolds and Elizabeth A. Pratt and Charles Wm. Hurt, individually. The property is described on a plat of survey by B. Aubrey Huffman & Associates, Ltd., dated May 3, 1988. The property is further described as being a portion of the land conveyed to the Grantor by the deed of record in Deed Book 799, page 433, dated September 10, 1953. It is determined that the 0.8665 acre piece, identified as a bridal path, is not a parcel of record as defined by section 10.3 and has no development rights. Deed Book 1210, page 614, dated February 27, 1992, conveyed 1.1498 acres from David N. Reynolds and Elizabeth A. Pratt to David N. Reynolds and Elizabeth A. Pratt, Trustees for Erica B. Reynolds. The land is described as Parcel D on a plat by Kirk Hughes & Associates, dated November 25, 1991. The parcel is further described as being a portion of the land conveyed to the Grantees by the deed of record in Deed Book 1011, page 571. The plat notes that the remaining area of the parcel is 10.12 acres. This transaction reduced the acreage of the parcel but had no effect on its development rights. Deed Book 1419, page 203, dated July 19, 1994, conveyed an easement for a septic field from David N. Reynolds and Elizabeth A. Pratt to Stewart R. Whitehurst, III. The easement is located to the east of Lot 5 within an area designated as "Bridle Path" shown on a plat by B. Aubrey Huffman, dated July 30, 1964, of record in Deed Book 520, page 595. This transaction had no effect on its development rights of the parcel. Deed Book 1736, page 222, dated April 1, 1998, conveyed 10.1173 acres from David N. Reynolds and Elizabeth A. Pratt to David N. Reynolds. The property is described as being the same as was conveyed by the deed of record in Deed Book 1011, page 571. This transaction had no effect on the development I:\DEPMUS\Determin of Parcel\2006\78N-8B Reynolds - Pratt LOD-2006-18.doc n) David N. Reynolds September 8, 2006 Page 3 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 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 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, /411/� John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Enclosed: December 19, 1989 letter from Amelia Patterson October 24, 1989 letter from Lindsay R. Barnes, Jr. March 17, 1986 plat by Wm. Morris Foster Sketch on Tax Map 76N showing allocation of development rights I:\DEPTOUS\Determin of Parcel\2006\78N-8B Reynolds - Pratt LOD-2006-18.doc