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Home My WebLink AboutLOD200700028 Letter of Determination 2014-03-20pF AL J� I'IRGI�lP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 30, 2007 Mr. Stephen T. McLean c/o McLean — Faulconer, Inc. 503 Faulconer Drive, Suite 5 Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 90B, Parcel A-11 (Property of the University of Virginia Foundation) Scottsville Magisterial District Dear Mr. McLean: 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 90B, Parcel A-11 has four (4) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 90B, Parcel A-11 contains 10.00 acres and no dwellings. The property is within the Lanark Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2712, page 325.. This analysis begins with a plat of record, in Deed Book 573, page 242, recorded April 22, 1975. The plat shows three lots: Lot 11 (4.16 acres); Lot 12 (1.89 acres), and; Lot 13 (3.56 acres) in Block A of Marshall Manors along with a proposed street known as Reva Ridge Road. This is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. This deed conveyed land that is now Tax Map 90B, Parcel A-11. This deed established current Tax Map 90113, Parcel A-11 as three parcels of record with two (2), one (1) and one (1) development rights, respectively, for a combined total of four (4) development rights. Deed Book 752, page 250, dated November 22, 1982, conveyed Lot 11 (4.16 acres), Lot 12 (1.89 acres) and Lot 13 (3.56 acres) from Forrest R. & Reva B. Marshall, husband and wife, to John W. Kluge. The property is described as being the same as was shown on the plat recorded by Deed Book 573, page 242. This transaction had Deed Book 824, page 63, dated December 10, 1984, conveyed the same three lots described above from John W. & Patricia M. Kluge, husband and wife to JWK lADEPT\Community DevelopmentVoning & Current Development Division\Determinations of Parcel\2007\90B-A-11,LOD 2007- 1 028 UVa Foundation.doc Properties, Inc. The property is described as being the same as was conveyed by Deed Book 752, page 250. This transaction had no effect on the parcels. Deed Book 1154, page 679, dated May 21, 1991, records an Ordinance of the Albemarle County Board of Supervisors which vacated the portion of the plat showing Lots 11, 12 & 13, Block A in Marshall Manor Subdivision along with the restricted street, Reva Ridge Road. The property then became one parcel of land owned by the owners of lots 11, 12 & 13 and that portion of the Reva Ridge Road that "lies totally within the boundaries of those lots", that being JWK Properties, Inc. This transaction resulted in the current Tax Map 9013, Parcel A-11 with a total of 10 acres, retaining the four (4) combined development rights of the original parcels. Deed Book 2029, page 237, dated January 8, 2001, conveyed 15.26 acres, which included the three lots and the Reva Ridge Road right-of-way from the plat vacated May 21, 1991, from JWK Properties, Inc. to the University of Virginia Real Estate Foundation. The property is described as being the same as was conveyed by Deed Book 824, page 63, plus an area of boundary overlap. This transaction had no effect on the parcels. Deed Book 2712, page 325, dated March 22, 2004, conveyed a number of properties from the University of Virginia Real Estate Foundation to the University of Virginia Foundation, including the property described as being "400 Reva Ridge Road" which is the same as was conveyed by Deed Book 2029, page 237. This transaction had no effect on the parcels. The parcels are 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. Sin erely, onald L. Higgins, Al P Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\90B-A-11,LOD 2007- 2 028 UVa Foundation.doc 12 90-14A 02� 102-34B Qq �� 102-34C 34 33A 33C 33D f 32A Scale 0 100 200 300 0 a ^�uei Feet L Note: This map is for display purposes only r and shows parcels as of 1213112006. See Map Book Introduction for additional details. 14B6 33 1481 29 Albemarle County Marshall Manor 14B4 1483 14B2 14B 14C Tax Map: 090B 103-1 E