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Home My WebLink AboutLOD200700002 Letter of Determination 2014-03-20_D AL C U ®6fi0 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 30, 2007 Martin J. and M. Marcelin McKie 4818 Woodbound Road Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 81, Parcel 11 D, Rivanna Magisterial District (Property of Martin J. and M. Marcelin McKie) Section 10.3.1 Dear Mr. and Ms. McKie: 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 81, Parcel 11 D has four (4) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 81, Parcel 11 D contains 32.197 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 3036, page 506. This analysis begins with the deed of record in Deed Book 468, page 180 that is dated September 1, 1969. This deed conveyed 10 acres from Robert M. Musselman and Carolyn C. Musselman to Francis R. Lindsay and Judith Lindsay. This was designated as Parcel 11 D on Tax Map 81. This transaction established the 10 -acre parcel as a parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 614, page 135. This deed, dated February 5, 1977, conveyed Parcel 11 D from Francis R. Lindsay and Judith Lindsay to David G. Sutton and Elizabeth H. Sutton. The parcel is described as being the same that was conveyed by the deed recorded in Deed Book 468, page 180. On the basis of this deed the 10 -acre parcel is a parcel of record with five (5) development rights. Deed Book 707, page 512 dated December 1, 1980 and recorded on December 30, 1980, conveyed two tracts totaling?.326 acres from Robert M. Musselman and Carolyn C. Musselman to David G. Sutton and Elizabeth H. Sutton. The property is further described on a plat by R. O. Snow and Associates that is attached to the deed. Parcel X I:\DEPT\Community Development\BCZS\Determin of Parcel\2007\81 -11 D McKie LOD 2007-2.doc Martin J. and M. Marcor McKie l March 30, 2007 Page 2 contains 1.926 acres and Parcel Y contains 5.39 acres. The plat carries this note, "Parcel X & Y are not to become individual lots, but are to be added to Sutton's property, (Parcel 11 D) making a total area 16.780 acres in said Sutton tract." The plat also shows the conveyance of Parcel Z, containing 0.546 acres, from the Sutton tract to the Berman tract (Parcel 11J) and includes this note: "Parcel Z is not to become an individual lot, but is to be combined with Berman property as indicated hereon." As a result of this transaction Parcel 11 D contained 16.780 acres. With the off conveyance of Parcel Z, the residue of the original 10 -acre parcel was reduced to 9.454 acres. The 9.454- acre parcel retained four development rights. Parcel X and Parcel Y contain zero (0) development rights. Since each development right must be associated with a two -acre kernel, one development right was lost in this transaction. Deed Book 934, page 194, dated March 24, 1987 conveyed 16.780 acres from David G. Sutton and Elizabeth H. Sutton to Timothy J. Pfister and Cecily R. Pfister. The property is described as being the same as that conveyed by the deed of record in Deed Book 707, page 512. This transaction had no effect on the development rights of the 16.780 -acre parcel. Deed Book 1453, page 87, dated January 23, 1995, conveyed 16.780 acres from Timothy J. Pfister and Cecily R. Pfister to Cornelia Pickens, Trustee for Cornelia Pickens Suhler Family Trust. It is described as being the same as was conveyed by Deed Book 934, page 194. A physical survey of the property by Roger W. Ray, dated January 13, 1995 is attached to this deed. This transaction had no effect on the development rights of the 16.780 -acre parcel. Deed Book 1458, page 208, dated February 17, 1995, conveyed 16.780 acres from Cornelia Pickens, Trustee for Cornelia Pickens Suhler Family Trust to Janet S. Hayden. The property is described by reference to Deed Book 1453, page 87. This transaction had no effect on the development rights of the 16.780 -acre parcel Deed Book 1948, Page 687, dated August 10, 2000, conveyed 15.417 acres from Woodbound Farm Land Trust to Janet S. Hayden, a/k/a Janet Mathews. The property is shown on a plat by Thomas B. Lincoln, revised on February 28, 2000. The plat shows Parcel X, a portion of Parcel 11 containing 15.417 acres being added to Parcel 11 D. As a result, Parcel 11 D contains 32.197 acres. The plat notes that Tax Map 81, parcel 11 is to retain all division rights. No division rights are transferred with this plat. As a result of this transaction the original 9.454- acre parcel of .record retained four development rights. Parcel X, containing 15.417 acres contains zero (0) development rights. Deed Book 3036, page 506, dated July 14, 2005, conveyed 32.197 acres from Janet S. designated as Parcel X, containing 15.417 acres on a plat of survey by Thomas B. Lincoln Land Surveyor revised on February 28, 2000 of record in Deed Book 1948, page 690; AND 16.78 acres shown on a survey by Roger W. Ray, L.C.S., dated 1ADEPT\Community Development\13USTetermin of Parcel\2007181-11D McKie LOD 2007-2.doc Martin J. and M. Marc( ^_ )McKie March 30, 2007 page 3 January 13, 1995 of record in Deed Book 1453, page 90. This transaction had no effect on the development rights of the parcel. 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, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor I:\DEPT\Community Development\BUS\Determin of Parcel\2007\81-11 D McKie LOD 2007-2.doc