The URL can be used to link to this page

Home My WebLink AboutLOD200800001 Letter of Determination 2014-03-20�� GF �'IRGII�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 4, 2008 David van Roijen P.O. Box 7544 Charlottesville, VA 22906 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS — LOD-2008-1, Tax Map 88, Parcel 20F, Samuel Miller Magisterial District (Property of Arrowhead Corporation of Virginia) Section 10.3.1 Dear Mr. van Roijen: 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 88, Parcel 20F has five theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 88, Parcel 20F contains 82.490 acres and zero dwellings. The property is in the Hardware Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1332, page 316. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 304, page 129 and is dated April 20, 1949. The deed conveyed 2 tracts from Lucretia D. Woods, Marie C. Woods and Anne E. Woods to themselves as joint tenants. The two tracts are described as follows: (1) A tract containing 479 acres described by reference to Deed Book 97, page 320, Deed Book 94, page 325 and Deed Book 140, page 424. (2) A tract of 50 acres described by reference to Deed Book 137, page 467. The deed lists 5 prior deeds that convey strips of land to the Southern Railway Company and to the Commonwealth for road purposes. The land is further described as being the same land that was conveyed by the deed of record in Deed Book 244, page I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\88-20F Arrowhead LOD. 2008-01.doc David van Roijen April 4, 2008 Page 2 On the basis of this deed, these two tracts are each determined to be separate parcels of record. Each of these parcels had five development rights on the date of the adoption of the ordinance. Parcel 20F is the portion of the 479 -acre tract that is located on the northwest side of Route 29. Deed Book 1126, page 196, dated October 26, 1990, conveyed 21.070 acres from Anne Emerson Woods to Theodore K. Woods, Jr. and Jean E. Woods. The parcel is described on a plat by Gary Whelan dated September 20, 1990. The property is also described by reference to Deed Book 244, page 214. The plat notes the residue contains 494.37 acres and five development rights. Development rights were not affected by this transaction. Deed Book 1129, page 626, dated November 26, 1990, conveyed .21.00 acres from Anne Emerson Woods to Montgomery Bird Woods. The parcel is described on a plat by Gary Whelan dated October 11, 1990. The property is also described by reference to Deed Book 244, page 214. The plat notes the residue contains 473.37 acres and five development rights. Development rights were not affected by this transaction. Deed Book 1129, page 629, dated November 26, 1990, conveyed 7.176 acres from Anne Emerson Woods to Anne Woods Guzzardi. The parcel is described on a plat by Gary Whelan dated October 12, 1990. The property is also described by reference to Deed Book 244, page 214. The plat notes the residue contains 466.194 acres and four development rights. The 7.176- acre parcel is designated as Parcel 20C on Tax Map 88. As a result of this transaction the parcel contained four development rights. Deed Book 1131, page 542, dated December 10, 1990, conveyed 21.740 acres from Anne Emerson Woods to Alexander Canady Mcleod and Dorothy Woods Mcleod. The parcel is described on a plat by Gary Whelan dated November 26, 1990. The property is also described by reference to Deed Book 244, page 214. The plat notes the residue contains 444.454 acres and four development rights not to exceed 23.824. Development rights were not affected by this transaction. Deed Book 1133, page 518, dated December 1, 1990, conveyed three parcels from Anne. E. Woods to Arrowhead Corporation of Virginia. The parcels are described in part as follows: Parcel One: The tract containing 444.454 acres designated as Parcel 20 on Tax Map 88. The property is described as containing 515.44 less and except the four off -conveyances set forth above and as being a part of the property conveyed by the deed of record in Deed Book 304, page 129. Parcel Two: The tract containing 25 acres designated as Tax Map 89, Parcel 17. Parcel Three: The tract containing 7 acres designated as Tax Map 89, Parcel 19.. I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parc02008\88-20F Arrowhead LOD 2008-01.doc David van Roijen April 4, 2008 Page 3 Deed Book 1332, page 317 contains a certificate of plat that is dated August 9, 1993. The plat by Gary M. Whelan shows the lands acquired by Arrowhead Corp. of Virginia by the deed of record in Deed Book 1133, page 518. The plat identifies Parcel F, containing 82.4898 acres as a separate parcel. At the time of this transaction it was County policy to allow Parcel 20F to be platted as a separate parcel of record with a full compliment of development rights because the public right of way separated the original parcel. This was based on the court's ruling in Ann H. Sanford v. Board of Zoning Appeals of Albemarle County, Virginia. Therefore, on the basis of this deed it is determined that Tax Map 88, Parcel 20F was lawfully created as a separate parcel with five (5) 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, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Arrowhead'Corporation of Virginia c/o Alexander W. Mcleod 3288 S. Humbolt Ave. Minneapolis, MN 55408 I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\88-20F Arrowhead LOD 2008-01.doc